LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 15, 1978, Page 1

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Any change in the membership of the corporation or in the Board of Directors of said corporation
or in the manner of electing or designating the directors or in the administration of the Synod's Church
Extension Fund will need to be authorized by the Synod in convention. The Synod in convention will also
need to set forth the terms under which District Church Extension Funds may or will become part of the
new corporation.
The Synod in convention also retains the right, if a new corporation to administer the Synod's
Church Extension Fund is indeed called into being under the force of present circumstances before the
next convention, to approve, or to amend, or to rescind such action.
COMMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary
6/9/78

Minutes of the Meeting of the Commission on Constitutional Matters
September 15, 1978
103. The following were present: Carl Eberhard, who chaired the meeting in the absence of Herbert Freise
who was ill, John Klotz, Donald Prevallet, and Herbert Mueller. Also absent: Guido Merkens. The
meeting opened with a prayer by the Secretary. After adding "not on the roster" to Point 1 of the reply to
Mr. Rittmueller (Minutes 88), the Commission approved the minutes of the previous meeting as
submitted.
104. Portland Tenure (Ag. 1304, A): The Commission took up the letter of Board of Control member
Walter A. Anderson (Concordia, Portland) which arrived after the previous meeting of the Commission
and concluded that most of the questions in that letter had been answered in reply to the request from
Board of Control Chairman Zane Meranda. However, the Commission resolved upon the following
replies to the additional questions which did not seem to be covered in the first opinion:
1. The twelve month period begins when notice is conveyed by the Board of Control to the faculty
member that tenure will not be granted (Bylaw 6.54 b).
2. The instructor in question has the right to respond to any negative comments on his qualifications
not only at the beginning of the process but also before final action is taken (Bylaw 6.54, last
sentence).
It was resolved that a carbon copy of this communication should also be addressed to Chairman Meranda.
105. The Right of Appeal Under Resolution 5-01 (Ag. 1307, A; 1308, A): The Commission then took up
the very difficult question addressed by Missouri District President Herman Scherer and his successor,
Paul Spitz, as to whether a pastor who through the application of Dallas Resolution 5-01 concerning dual
membership is no longer on the roster of the Synod has the right to appeal under the provisions of Chapter
V of the synodical Handbook. In preparation for a discussion of this issue the Commission also looked at
the correspondence involving the Colorado District Commission of Adjudication, which had received an
appeal from a congregation affected by Dallas Resolution 5-01. The chairman of the District Commission
of Adjudication had been advised under Bylaw 5.27 to consult with the synodical Board of Appeals to
determine whether such an appeal is properly handled by a District commission or belongs within the
purview of the synodical Commission of Adjudication. Beyond that was even the more basic question
raised by the past and present presidents of the Missouri District. After considerable discussion the