LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 9, 1978, Page 1

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

66. Colorado Delegate Questions (Ag. 1285): Counselor Harold Reiss of Boulder, Colorado, had raised
six questions regarding voting rights of uncertified Seminex graduates, AELC pastors, emeriti and
vacancy pastors, and LCA pastors and congregations served by them. Also raised was the question of a
campus congregation belonging to two church bodies. Because of time limitations prior to the District
convention the Secretary had given the usual replies. The Commission ratified this action.
67. Candidate Voting Rights (Ag. 1294): President Kuehnert of the Central Illinois District had asked
whether a candidate who had received his call through the Board of Assignments to a congregation in the
District, but whose ordination and installation would take place shortly after the District convention,
would be permitted to be a voting delegate from that congregation at the District convention. The
Secretary had indicated that it had been traditional, as long as the assignment had been made in the proper
way and the ordination and installation had already been authorized, to extend the courtesy of voting.
However, the Secretary advised that if there was any real question about it, both the congregation and the
candidate might be advised not to exercise this privilege. The Commission resolved to ratify this reply.
68. Canadian Fellowship (Ag. 1228): The Secretary reported that two of the three Canadian Districts had
resolved to petition the Synod for the right to form a sister church body. If the third District also makes
such a request and the Synod grants it, the question of establishing fellowship with other Lutheran church
bodies in Canada would need to be answered by the new church body. The item will be held on the
agenda to await developments.
69. Separation Article, Congregational Constitution (Ag. 1279): The Secretary had indicated that the
proposed Article seemed to be acceptable in a reply to Rev. Joel Cluver of Sullivan, Illinois. The
Commission ratified this reply.
70. Norman Sell Eligibility for Synodical Treasurer (Ag. 1284, 1284A, 1256): Grace congregation of
Brownwood, Texas, Rev. Kinery, had requested a ruling as to the constitutionality of the election of Mr.
Norman Sell in the light of Bylaw 2.71. The Commission had also before it a statement from Mr. Sell,
together with correspondence between Mr. Fred Rutz and Secretary Herbert Mueller. After considerable
discussion of the facts and of the wording of Bylaw 2.71 and related bylaws, the Commission ruled that
the election as Treasurer of former Assistant Treasurer Norman Sell, who had been on the payroll of the
Synod at the time of his election, was not in violation of Bylaw 2.71 since he had been elected as
Treasurer and not as a lay member of the Board of Directors. His position on the Board is by virtue of his
election to another office. In this connection it is also pointed out that in response to a question from the
floor at the Dallas convention as to whether an employee of the Synod was eligible to be elected to a
synodical office the chair had ruled affirmatively and that this ruling had not been challenged by any
delegate. Furthermore, if the sentence of Bylaw 2.71 under consideration should apply also to the election
of officers, then no salaried full-time officer could ever be re-elected to a second term since he would be
on the payroll of the Synod while on the ballot for re-election. During the discussion it was also brought
out that Mr. Seuel had been for many years the Treasurer of the Synod while being salaried by the Synod
as president of Concordia Publishing House.
71. Melvin Zilz Eligibility, BPE, Nominations Committee (Ag 1299, 1299A): Since Dr. Melvin Zilz, a
parochial school teacher, has now been ordained after colloquy as a clergyman in the LCMS, both the
Board of Parish Education and the Committee for Convention Nominations had inquired whether he
would still be eligible to serve. The Commission ruled that since Dr. Melvin Zilz is now a clergyman he is
ineligible to fill a teacher position either on the BPE or on the Committee for Convention Nominations.
72. Weddings by Lay Ministers (Ag. 1300): President Niedner of the Nebraska District had asked whether
lay ministers could perform weddings since Bylaw 4.107, a, states: "Male lay ministers are licensed, not
ordained, to serve in all areas of the ministry of the Word when authorized by a local congregation and