LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 8, 1978, Page 4

Transcription machine transcription, uncorrected

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To add to the first paragraph the words: "It is assumed that the fact of dual membership has been
established."
Eliminate "close and" from the second paragraph.
Add to the principal sentence in the second paragraph the words underlined: ". . . it has no
provision and needs no provision for those who of their own free will . . ."
In paragraph c "overrule" was substituted for "overthrow."
The first sentence of paragraph a was changed as indicated by underlinings and hyphens: "setting
up an elaborate procedure permitting of further meetings with such congregations and individuals."
In the same paragraph the typographical error of ninety was changed to thirty.
Thereupon the Commission resolved to adopt this opinion as revised (attached to the Minutes) and to
publish it. This opinion is specifically in answer to a request by President Paul Spitz of the Missouri
District who had been asked by Rev. Robert L. Fiehler: "Does a clergy member of the AELC whose
membership has been terminated [under Res. 5-01] have any recourse to appealing such a decision?"
158. Lutheran Social Services of Colorado (Ag. 1322, A,B,C,D,E): Pastor Marion Hoffmann of Delta,
Colorado, had asked for a quick reaction to the Articles of Incorporation of this organization. Since this
request arrived immediately after the last meeting of the CCM, the secretary had given some initial
reactions. After Pastor Hoffmann had been severely criticized for raising the question he decided to
withdraw his request. Subsequently, however, Rev. Marcus T. Lang of Grand Junction, Colorado,
requested a ruling of the CCM with special reference to whether or not such a tri-Lutheran social service
agency would have the right to call LCMS pastors as institutional missionaries and make them
responsible to that agency. Dr. Les Weber and Mr. Virgil Fuchs of the Board of Social Ministry staff
appeared before the Commission for a detailed explanation since especially the latter had worked with the
three church bodies in Colorado to set up this organization. On hand was also a letter from President
Phipps of the Colorado District giving the assurance that the District would continue to call the
institutional missionaries of the LCMS who would be working for the agency. The Commission finally
agreed upon the following opinion:
Without approving or disapproving the Articles of Incorporation the Commission on
Constitutional Matters rules that the appropriate jurisdictional unit of the Synod must give prior
approval for the appointment of the LCMS worker and then issue the call for that worker. Such a
worker shall remain under the ecclesiastical supervision of the Synod and of the District, although
he may be administratively responsible in various ways not only to the tri-Lutheran agency but
also to the institution which he serves.
159. Colorado District Resolutions Re Resolution 5-01 (A 1329, 1330): Attention was called to Colorado
District Resolution 4-02 which declares Dallas Resolution 5-01 regarding dual membership
unconstitutional and which states that if the CCM should rule the resolution to be constitutional, the
Colorado District will appeal that ruling to the next convention of the Synod. Colorado Resolution 4-05
also encouraged appeals to be submitted by congregations, pastors, and teachers; this undoubtedly led to
the case which is before the Board of Appeals at the present time for a jurisdictional decision.
160. Faculty Tenure Questions (Ag. 1321): The Board of Control of the St. Louis Seminary had asked:
"Do the provisions of Bylaw 6.54 b or any other bylaw permit the Board of Control to begin a new
contract starting with year one as an alternative to either granting tenure or dismissal in the case of faculty