LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 7-9, 1979, Page 1

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discussion the Commission ratified the two replies of the Secretary given below and drafted the reply to
the third point as indicated:
1.

"Resolution 6-08A (Today's Business, page 192), which replaced original Resolution 6-08,
does not contain the statement: 'The faculty members shall have at least three years experience
in the parish or in other institutions in addition to the one where he presently serves.' So the
requirement of parish experience apparently falls away, at least as far as I can determine."

2.

"It would seem to me that new Bylaw 6.54, a, 1 does make it very plain that the five years of
previous service could have been rendered at the institution where he was first appointed. The
only requirement is that in the total of five years the last two must have been spent in the
institution which wishes to grant tenure."

3.

On the.basis of the facts available to the Commission, the Commission is of the opinion that the
faculty member in question, by failing to take the initiative, seems to have waived his rights to
request consideration of tenure both under the old and the new Bylaws.

252. Charleston, Illinois Problem (Ag.'1389, A,B,C): President Arthur T. Kuehnert of the Central Illinois
District had raised three questions regarding Dallas Resolution 4-08 with reference to the requested
transfer of Immanuel Lutheran Church of Charleston, Illinois from the Central Illinois to the English
District. Correspondence had also been received from the president of the English District, as well as
from the chairman of the congregation requesting a personal appearance before the Commission. The
Secretary had asked the chairman to supply in writing the position of this congregation. This was not
submitted. The Commission, after considering all of the correspondence involved, came to the following
conclusions in answer to the three questions raised by President Kuehnert:
1.

Question: "Does the 1977 synodical Resolution 4-08 declare that Immanuel Lutheran
Church of Charleston, Illinois is 'in transit' to the English District?"
Answer: The Commission replies in the negative. The concept of a congregation being "in
transit" is unknown in the Constitution and Bylaws of the Synod.

2.

Question: "Does this resolution mean that the congregation is still officially in the Central
Illinois District but that the president of the English District is to function in the place of and
in the stead of the president of the Central Illinois District?"
Answer: The Commission holds that the congregation is still a member of the Central
Illinois District and that the English District president is not replacing the Central Illinois
District president, but has been placed into an auxiliary position in this problem.

3.

Question: "Does this resolution indicate that the congregation is still in the Central Illinois
District, and that the counsel of the president of the English District is to be used in an
auxiliary manner in conjunction with that of the Central Illinois District?"
Answer: The Commission replies in the affirmative.

It was resolved to send this reply to both presidents as well as to the chairman of the congregation and to
indicate to the latter that in the absence of any written comment on the part of his congregation, the
Commission concluded that the issues were quite plain and that it was not necessary to delay any further
action.