LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 30, 1977, Page 2

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327. Kansas District Board of Directors Policy Re New Congregations (Ag. 1199, A,B)_ In taking up this
subject the Commission first of all ratified the letters mailed by the Secretary under date of August 26 and
September 14 regarding this subject. Having looked at the policy itself and coming to the conclusion that
there were some questionable items therein, the Commission finally resolved upon the following reply
The Commission is of the opinion that primarily pastoral and administrative concerns are at issue here.
Therefore, before determining whether or not to issue a constitutional ruling at all, the Commission
concluded that the entire matter should be addressed first of all to the President of the Synod for
evaluation in consultation with pertinent groups such as the Board of Directors, the Council of Presidents,
and the Commission on Theology and Church Relations.
328. Central Illinois District Pastor Serving as Field Representative of Concordia, River Forest (Ag. 1206:
A): The president of the Central Illinois District had asked whether a pastor of that District who accepts a
call to serve as a fund raiser for River Forest, Concordia, in the Central Illinois District while residing
within the District needs to have his synodical membership transferred to the Northern Illinois District
and, if that is not necessary, whether the pastor could still be eligible to serve also as an officer of the
Central Illinois District. The Commission agreed that there are puzzling aspects to this question but
finally decided upon the following reply:
Bylaws 6.80 and 1.09, d, were adopted at the same time and the legislative intent was to deal with
clergymen and teachers who serve as actively teaching faculty members rather than with fund
raisers for our colleges. The Commission also notes that the locus of this clergyman's labor is to be
a geographical area and not the institution itself.
Since he will not be a faculty member the CCM rules on the basis of the information provided that
this clergyman may remain a member of the Central Illinois District and therefore under its
ecclesiastical jurisdiction, and that he may hold an office in the District as long as there is no
conflict of interest involved.
329. Procedures Re Applicant Congregations (Ag. 1207, A): President Emil Jaech of the Northwest
District had posed several questions referring apparently to the new Messiah congregation at Salem,
Oregon, which had been received into membership of the Synod at the Dallas convention over the
objections of the District president. The questions and the answers.decided upon by the Commission are
as follows:
1.

Are the words of Bylaw 1,11, a, to be understood according to their obvious meaning or may
District President also mean a District VicePresident? Under which circumstances, if any, might
a District President be bypassed in favor of working through a District VicePresident?
Answer:

2.

The Commission holds that with respect to constitutions of applicant congregations
the District President has no judicial function but merely serves as a channel of
transmission to forward the constitution to the District committee on congregational
constitutions. It also recognizes that even though bylaws and traditions may vary
from District to District, vice-presidents usually are regarded as eligible to
represent the president in simple administrative matters, especially where there are
regional vice-presidents, as is the case in the Northwest District (see Northwest
District Bylaw 3.06).

Is there a further requirement from a congregation applying for membership besides a correct
constitution? What is included in the word "practices" in Bylaw 1.11, c, 2?