LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 25-26, 1977, Page 5

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262. Lode Paragraph in Congregational Constitution (A g. 1016): The constitution committee of the
Northern Illinois District had asked whether such a lodge paragraph was mandatory. The CCM had asked
Rev. Phil Lochhaas on two occasions to respond specifically to this question. After studying his second
reply, the Commission resolved to give the following answer and to include it among opinions to be published in the Workbook:
As in the past, the Commission on Constitutional Matters continues to recommend inclusion in
congregational constitutions of a paragraph such as that given in the model constitution published years
ago in the booklet Guidelines:
"Communicant members are those baptized members who have been confirmed in the Lutheran
faith, accept the doctrinal standards of Article II of this Constitution, are familiar at least with the
contents of Luther's Small Catechism, and who are not members of organizations whose principles
and conduct conflict with the Word of God."
It is assumed that at all times all congregations will abide by the Constitution and Bylaws of the Synod,
including Bylaw 14.01 and 14.03.
263. Paul Jacobs and AELC (Ag. 1023): Two questions posed by Rev. Wm. Grunow still remained to be
answered as a hold-over item. However, at this time the Commission concluded that the questions of
Pastor Grunow had been sufficiently answered both by the Commission and by events in the meantime
and therefore decided to remove this item from the agenda.
264. Southern District Resolutions and President Ellermann's Ruling on Bylaw 4.01 (Ag. 1027, 1027A,
1117): Rev. Lehnhardt had asked whether (1) Southern District Resolutions 2-03 and 1-09 endorsing the
calling of Seminex pastors and (2) the ruling of President Ellermann to the effect that Bylaw 4.01 was in
violation of the Lutheran Confessions were not contrary to the Constitution of the Synod. The
Commission concluded that in its opinion Bylaw 4.01 is not in violation of any of the Lutheran
Confessions and that furthermore resolutions such as 1-09 and 2-03 are not within the province of a
District to adopt in view of Bylaw 3.07 a and e.
265. Call Procedures of the Southern District (AQ. 1159): Pastor Lehnhardt had also submitted a
document "Call Procedure" issued by the President of the Southern District for the guidance of all vacant
congregations and inquired whether these guidelines were not in conflict with the Bylaws of the Synod.
Although the Commission recognized the necessity of good order and also acknowledged that member
congregations are obligated in Bylaw 4.02 to seek the advice of respective District officials when calling
pastors or teachers, the Commission concluded that the "Call Procedure" document was unduly restrictive
of .the rights of the members of congregations in the calling procedure and infringes at certain points on
the autonomy of a congregation, for example in the following: the unrestricted "right" of the District
President to delete names from the list of candidates; the procedure for objections; the determination of
the validity of an objection; the authorship of biographical information; and the restriction on reopening
the list of candidates (paragraph 11).
266. Irvine Opinion (Ag. 1097): It was decided to publish this opinion in the Workbook.
267. Malotky--Louis Nelson Case (Ag. 1118. 1118B. etc.): President Liecke had asked for a format ruling
with regard to whether or not he had made the right recommendations regarding procedures which were
to be followed when individual laymen have a charge to bring against a counselor of the circuit who does
not happen to be their pastor. After considerable discussion it was decided to answer along the following
lines: