LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 25-26, 1977, Page 6

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1.

Such laymen should proceed through their congregation. On the basis of membership as
defined in the Synod's Constitution and on the basis of long standing assumption, Section V is
regarded as being restricted to members (congregations, pastors, and teachers) except as
stipulated in Bylaw 5.01.

2.

The responsible parties must decide on the basis of the facts whether the Anaheim resolution
regarding participation in ELIM applies.

The second point had special reference to the fact that the complaint against Pastor Malotky as counselor
is to the effect that he is a member of ELIM and that his activities are a violation of Anaheim Resolution
3-06A.
268. Excommunication Vote (Ag. 1154): Pastor Lowell Kayser of Park Rapids, Minnesota had asked
whether a vote for excommunication must be unanimous or whether a two-thirds vote would be sufficient.
The Secretary had suggested that he approach the CTCR with this question. The Commission ratified this
reply.
269. CHI Request for Copies of All Opinions (Ag. 581, 1155, 1155A): Dr. August Suelflow expanded his
earlier request and asked that the Concordia Historical Institute be given immediately copies of all
opinions and rulings. The Commission discussed this once again at considerable length. Finally it was
resolved to inform Dr. Suelflow that the Commission is in basic agreement with the rationale that the
records are indeed the property of the Synod. However, all records of the Commission are still operational
and therefore the Commission finds it difficult to determine on a time schedule. It also felt that the
originals are indeed the concern of the Department of Archives rather than merely copies.
270. Draheim Letter to Oklahoma District re CCM Opinion on Legality of Conventions: (Ag. 1157): The
Commission decided to take note of this item and remove it from the agenda.
271: Implementation of Revisions of Congregational Constitution and Bylaws (Ag. 1158): St. Thomas
congregation of Rocky River, Ohio (Pastor Philip Geisler) had asked whether a congregation may adopt
new articles for its Constitution and Bylaws
and make them effective immediately before the District approves the same and, if not, whether actions
taken by the congregation under the new provisions are valid. The Commission decided to reply that with
the understanding that all actions must conform to the laws of the state, it is not permissible for
congregations to act on amendments prior to their approval by the District committee and that if a congregation does indeed act prior to such approval, actions may well be invalid.
272. Revision in Congregational Constitutions Regarding Call Procedures (Ag 1160): Rev. Kuhn of
Barron, Wisconsin had asked whether a congregation could revise its call procedures and then act
accordingly without receiving approval of the District. The Secretary had advised that the District
committee be approached immediately for approval since it was indicated that the committee had given
similar approval to ' other congregations. The Commission ratified this reply.
273. Dual Membership of Missionaries (Ag. 1164): Rev. Curtis A. Peterson of Rock Falls, Illinois had
stated that he had a complaint against one of our missionaries but had discovered that the individual is
both a member of the'Synod and of a partner church overseas and therefore wished to know where he
should address his complaint. The Secretary had indicated that the Board for Missions was working on
this problem of dual membership and would soon have it cleared up and suggested that in the meantime it