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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 9, 1978, Page 8
Source: LCMS Commission on Constitutional Matters minutes, file copy
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96. Tenure Limitations for Districts (Ag. 1281): The Secretary had answered President Harold Brockhoff
of the Oklahoma District that Districts on the basis of past rulings of the CCM were not obligated to
introduce limitation of tenure but might well be encouraged to follow the example of the synodical policy
in Bylaw 2.06. The Detroit convention in Resolution 4-06 had declined the request that the Synod limit
the terms of office of District officers and boards. The Commission ratified this reply.
97. Assistant Pastor as Delegate (Ag. 1282): It also ratified the customary letter sent to President Emil
Jaech of the Northwest District that assistant pastors could not serve as voting delegates.
98. Congregational Transfers (Ag. 1286): It ratified the Secretary's customary letter stating that transfers
of congregations from one District to another could be affected only by a synodical convention. President
Philip Fry of Manitoba-Saskatchewan District had inquired.
99. Seminex Graduate as Lay Delegate (Ag. 1277): Rev. J. j. Burns:, Jr. o£ Topeka, Kansas, had raised
this question. The Secretary had answered that the Commission had ruled on this question on two separate
occasions, namely, that such an individual was not eligible to serve as a lay delegate since he is only a
step away, froze being placed on the clergy roster of the Synod, nor is he of course eligible to serve as the
pastoral delegate. The Commission ratified this reply.
100. Motion by Advisory Delegate (Ag. 1287): Rev. Herman D. Seyer of Visalia, California, had asked
whether an advisory, delegate could make a motion. President Oswald in a subsequent letter pointed out
that the advisory delegate had merely proposed a motion and a voting member had moved it. The
Secretary had stated that it would certainly have been out of order for an advisory member to make a
motion. The Commission ratified this position.
101. Wedding Ceremonies (Ag. 1297): Rev. Don Reiter of Melbourne, Florida, had asked whether Dallas
Resolution 3-25 was: not unconstitutional since the fourth whereas directly conflicts with Article VII and
Bylaw 1.09, b, of the Constitution. The Secretary called his attention to the wording of the opinion
adopted by the Commission on September 30, 1977, and also to the fact that it is-quite generally
understood that the rights granted under Article VII of the Constitution do not extend to the requirements
for membership set forth in Article VI. The Commission ratified also this reply.
102. The meeting adjourned with a blessing.
Herbert Mueller, Secretary
Opinion Re Separate Incorporation of Church Extension Fund
In answer to questions raised by the Board of Directors of a District of the Synod, the Commission
on Constitutional Matters renders the following opinion.
The Commission holds that the creation of a separate corporation to administer the existing Church
Extension Fund of the Synod is not contrary to the Constitution and Bylaws of the Synod,provided that
the membership of that corporation as well as the Board of Directors of that corporation shall consist of
and be the same as the individuals who were elected by the conventions of The Lutheran Church-Missouri
Synod or designated or appointed in the manner prescribed in the Bylaws of the Synod to serve as the
Board for Church Extension of the Synod (Bylaw 8.51, 2.03, 2.06, 2.08) and provided that the corporation
is administered according to the Constitution and Bylaws of the Synod.