LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 6-7, 1979, Page 5

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235. Transfer of Congregational Property to Districts (Ag1378): Among other questions, Rev. David
Caspersen of the Constitution Committee of the Nebraska District had asked whether it was proper for a
congregation to state in its Constitution that in the case of dissolution its property should be transferred to
the District, since in many cases this might mean transferring liabilities rather than assets. The Commission ruled that such a provision in a congregational constitution was indeed permissible, even
advantageous, but that it must be clearly understood that the District has a right at any time to decline any
gift whatsoever.
236_. Disposition of Property in Case of Congregational Division (Ag. 1378, 1345, 1352, 1341): Rev.
David Caspersen had also raised the question of the proper provision for disposition of the property if a
congregation should decide to divide. Essentially the same question had been asked by Zion of Corvallis,
Washington, and Immanuel of Portland, Oregon. It was resolved to refer all of the petitioners to Dallas
Resolution 4-25 which contains a suggested paragraph for congregational constitutions with respect to
this matter. The Secretary will point out that the Commission is well aware of the problem which perhaps
cannot be resolved to everyone's complete satisfaction.
237. Kunrath Trust Fund (Ag. 1372): The question had been posed by Rev. Arnold Strohschein of
Portland, Oregon whether monies of that trust fund could be designated for a Seminex student. Since that
request was filed the Commission has been informed that the Northwest District Board of Directors itself
has decided not to make any grant from this trust fund to any Seminex student. That action removes the
item from the docket of the Commission.
238. Task Force (Ag. 1266A): The Secretary gave a brief report on the ongoing Task Force which will be
convened for its first meeting in the following week.
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Colorado District-Boulder--Rev. Hattendorf (Ag. 1361): After lunch and with Donald Prevallet
compelled to return home, the commission heard the report that the St. Louis convention Resolution 5-08
had affirmed the constitutionality of Dallas Resolution 5-01 which had been challenged by the Colorado
District. It was also stated that the appeal from that resolution on the part of a congregation in Boulder
and its Pastor Hattendorf had been submitted to the District Commission of Adjudication which had
decided to postpone a hearing. Pastor Hattendorf has objected to the legal nature of the hearing and has
indicated that he prefers a different type of discussion. No further word has been received.
240. Part-Time Pastoral Call (Ag. 1376): President Wendling of the South Dakota District had asked
whether it would be permissible for someone who has another position to accept the call to a small
congregation and be regarded and installed as its pastor since he would be able to fulfill all of the
pastoral care required by the congregation though doing it on a part-time basis. The Secretary had
forwarded to him a copy of a ruling dated October 26, 1971 in which it was indicated that such a call
could indeed be acknowledged as proper. The Commission ratified the Secretary's action in sending a
copy of this previous ruling.
241. Unanimous Call (Ag. 1362, A): A Mr. A. H. Eilers of Seattle, Washington, had written objecting to
the vacancy pastor's definition of the word unanimous in the calling process and wished to have a ruling.
The Secretary had replied that the Commission cannot entertain requests for rulings from individual
members of congregations. A copy of that reply had also been sent to the vacancy pastor. The
Commission ratified the Secretary's letter.
242. St. Catharines' Bylaws (Ag. 1375): The Secretary alerted the Commission to the fact that St. Louis
Resolution 3-06A stated that provisions for the election of a Board of Control for the St. Catharines
seminary and the necessary bylaw changes should be presented by the CCM to the 1981 convention
following consultation with Ontario District legal counsel to avoid conflicts with Canadian law.