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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 14, 1989, Page 6

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Source: LCMS Commission on Constitutional Matters minutes, file copy

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again in the colloquy to so called older men of "maturity and long years of experience," now desired to
come into the colloquy program. The problem was that he was a teacher for less than the required ten
years. The question had now been raised as to whether he was eligible under Bylaw 6.915, even though
he would normally fit under 6.912. To put it another way, the question was "Is a teacher, even though he
may be otherwise qualified, not eligible for admission into the colloquy program because of the ten year
stipulation?"
In response to these questions, the Commission decided to respond as follows:
In adopting changes to Bylaw 6.91, the Synod did not delete 6.91, which refers to the eligibility
of commissioned ministers of religion (teachers, DCE) for admission to the colloquy program
after ten years of successful experience. It is therefore assumed that only such commissioned
ministers as have completed ten years of service are eligible. The Commission concludes that the
change in 6.91,5 was not intended to make it possible for someone to graduate as a teacher, claim
that 6.91,5 applies to him, and it should now be possible for him to complete his program for the
pastoral ministry in two years or less.
The Commission further notes, that 6.91,5 speaks of "long years of experience in church work"
while 6.91,2 specifies "ten years." It is the opinion of the Commission that the two are not
identical and that the latter assumes more than ten years as "long years of experience in church
work."
15. Release of Board of Regents Minutes (Ag. 1877) : The Rev. Dennis Karius had requested a copy of
the minutes of the Board of Regents of Concordia College, Austin, for May and September, 1989. Dr.
Ray Martens, president of the college, had responded to him stating that the board characteristically
thinks of itself as being in executive session, discussing as they do in the course of their regular business,
individual persons, salaries, contracts and the like. He noted that they regularly report their actions but not
in the form of distributing or sharing their minutes. Under this arrangement, much of what the secretary
may choose to record is considered by him and by the board whom he serves to be confidential. Dr.
Martens further asked whether it was specifically the official records (i.e., the minutes report) of the
board's response to Dr. Martens' participation in the Baccalaureate at the University of Texas that was
being sought. If so, he was asking whether Rev. Karius wished him to convey that specific request to the
board for their consideration in December.
In responding to Rev. Karius, the Commission on Constitutional Matters noted that when discussions take
place regarding personnel, salaries, contracts, etc., which are regarded as executive session matters, the
board should specifically be declared to be in executive session. It further noted that the discussion which
takes place, not the action which is taken is privileged information.
It is the opinion of the Commission that Pastor Karius may obtain a copy of the minutes requested. A
copy of the Commission's response to another board of regents in a similar situation is appended for
further information.
16. Congregation Bylaw Revision (Ag. 1878) : The Commission had received a request from Ron
Stallman, secretary of the Indiana Committee on Constitutional Matters, for an opinion on the question:
What is the status of congregations in the Indiana District which are currently operating according to
constitutions and bylaws that have not been approved by the District CCM? He noted that such
congregations have submitted documents for approval, have received suggestions for revisions from the
District CCM but have not acted upon them and are currently operating under the unrevised and
unapproved bylaws. The question was asked whether the voting rights at district and synodical