LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 8, 1978, Page 5

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members who have become eligible for tenure?" With John Klotz abstaining the Commission after detailed discussion came to the following conclusions:
The present bylaws which pertain to this issue were drafted under certain pressures from the
accrediting agency dealing with the seminary a few years ago. Both in the light of that history and
in harmony with the clear words of the bylaw most directly involved, the Commission arrives at
the following conclusion:
The Commission on Constitutional Matters holds that no third option exists at present for starting
over from year one with a new contract. The only alternatives permissible under the present
bylaws are either the granting of tenure or dismissal in the type of case outlined.
161. Status of River Forest Professors who Hold Membership in Grace Congregation, River Forest (Ag.
1332): President Zimmerman had written a letter outlining the difficulties and problems and asking
whether guidance could be given in this delicate matter. He had summed up his concerns by asking: "Can
a person remain on the faculty and be a member of a congregation whose acts violate some of the
precepts of the Synod and which has been found guilty of schism?" Time ran out before the Commission
could make a firm determination but it did decide to include in the minutes of this meeting the following
rough draft for further consideration at the next meeting:
It must be stated as a matter of principle that ultimately a person cannot remain on the faculty and
be a member of a congregation whose acts violate some of the precepts of the Synod and which
has been found guilty of schism.
Important to the issue is the individual's personal position which should lead him eventually to a
proper decision regarding membership in such a congregation.
All of this presupposes extensive and intensive counseling on the part especially of the
institutional president before any formal procedures for removal are undertaken.
The procedures themselves need to be carefully examined and applied.
Unresolved also was the question of whether the charges should be filed by the president of the
institution, the Board of Control, the District president, the academic dean, or some other party. The
Commission instructed the secretary to convey some of these concerns to President Zimmerman as an
explanation for the fact that the Commission did not have sufficient time to arrive at any firm conclusions
as yet.
162. Review of Actions: After Herbert Freise had been compelled to leave the meeting the Commission
reviewed with Don Prevallet the actions which it had taken prior to his arrival. He indicated his agreement
with the actions as they are outlined in the minutes after making one or two of the suggestions regarding
the revisions of the report of the CCM to the convention.
163. Dr. John Klotz closed the meeting with a blessing.
Herbert Mueller, Secretary
Opinion Re Right of Appeal
of Those Who Have Forfeited Membership in the Synod