LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 21-22, 1975, Page 1

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MINUTES OF THE MEETING OF COMMISSION ON CONSTITUTIONAL MATTERS
February 21-22, 1975 - St. Louis, Missouri
349. Luessenhop opened the meeting with prayer. All members were present except Prevallet, who was
ill. The minutes of December 6-7, 1974 were adopted as presented.
350. Seminex Graduate as Lay Delegate (Ag. 714): The secretary reported that the young man in question
in the South Dakota District had indeed been elected to serve as an alternate lay delegate from Circuit 7.
The Commission therefore felt obligated to rule. It resolved to rule that he is not eligible to serve as a lay
delegate. The secretary was asked to point out that the rights of true laymen are to be respected; that the
individual is not a bona fide layman but only a step away from being placed on the clergy roster of the
Synod; and that he is a member of that particular congregation only because he was asked to provide
ministerial services. (See also Minutes 345).
351. Removal of District Presidents From Office (Ag. 729, 729 A to I, 658, 658 A & B, 676, 694, 698,
746, 746A, 752, 704): After considerable discussion and a few amendments especially in paragraph 9 in
Part I, A the Commission adopted an opinion as attached to the minutes. The principal section added to
the submitted manuscript dealt with the "failure" of District officers to act.
352. Ten Questions re Tietjen Case (Ag. 779, 779A,B,C,X): The Board of Control had submitted ten
questions regarding further procedures in the John Tietjen case. While not specifically answering each of
the ten questions in turn, the Commission did adopt a ten-point ruling as attached to the minutes.
353. District President in John Tietjen Case (Ag. 761; 732): After continuing for some time the discussion
of the previous meeting the Commission formally resolved to adopt as its ruling alternate paragraphs B,
C, and H which had been submitted earlier and had been under advisement. The opinion therefore reads
as follows:
1

With respect to any activity as president of Concordia Seminary, the District President under
whose ecclesiastical supervision Dr. John Tietjen stands is by bylaw provision the president
of the Missouri District.

2. The argument that upon termination of office Dr. John Tietjen was no longer under the
supervision of the Missouri District president and therefore now under the supervision of the
English District president is invalid, since the reference in Bylaw 6.79,1 does not refer to a
new case but to the activities of the accused while he was president of the seminary and
therefore under the ecclesiastical supervision of the Missouri District president. (Bylaw 6.80;
1.09,d).
3. The matter is complicated by the fact that Dr. Tietjen did not transfer his membership to the
Missouri District as Bylaw 1.09,d would seem to suggest. The Board of Control of all of our
colleges and seminaries may take this into consideration in issuing future contracts or
contract renewals and require that faculty members so contracted for transfer their
membership to the geographical District in which the institution is located. Bylaw 3.05 gives
the Synod the right to assign congregations, clergymen, and teachers to a certain District. It
has long been an unwritten custom that pastors called from one District to another are
transferred to the second District. The Synod has also assigned one whole group of its
members to a District in Bylaw 1.09,d in the case of those who are serving as District
executives. The transfer of pastors and teachers to the District of the calling congregation has
now also been made mandatory in the same bylaw.