LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 22-23, 1972, Page 1

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in harmony with the bylaws. Luessenhop had replied that since the circuit meeting beyond that point
would still be electing the congregation which was to supply the delegate, such procedure was not in
violation. The commission ratified the reply.
167. Second Call for Nominations, Fort Wayne (Ag. 360): Reverend John Lutze of Manitowoc,
Wisconsin objected to the fact that the Fort Wayne electors had called for another slate of candidates and
had stated that those previously nominated would not be considered unless the names would be
resubmitted. He asked the Commission to advise all congregations that the previously nominated
candidates shall stand. The Commission ruled that the Fort Wayne Board of Control had acted in
harmony with the Bylaws especially in view of the fact that the public announcement clearly stipulated
that the names of candidates needed to be resubmitted if they were to be considered again.
168. Vacancy Pastor Participation (Ag. 366): The Commission ratified Mueller's reply to Secretary Paul
Mueller of the North Wisconsin District who had asked whether a vacancy pastor is entitled to vote at
circuit meetings which elect delegates. Mueller had replied that it is assumed that when the bylaws refer
to the pastor of a congregation the reference is to the regularly called pastor whose installation had been
authorized by the District president.
169. Eligibility of LCUSA Staff Persons (AS. 373): The Committee for Convention Nominations through
Chairman Raymond H. Joeckel inquired whether LCUSA staff people could be eligible for nomination to
corresponding boards and commissions in the Synod. The Commission ruled especially on the basis of
the last clause, of Bylaw 2.15a. that this would not be proper.
170. Participation of Suspended Pastor (Ag. 369): President Goetz of North Wisconsin had asked whether
a pastor who is under suspension can participate in the election of synodical convention delegates. The
Commission in ratifying the reply sent by Secretary Mueller ruled that this question would need to be
handled by the District President as an administrative matter. The Commission was reminded that a
special study committee has been asked to study the "rights" of suspended members under Bylaw 5.15.
171. Persistence in Offensive Conduct (Ag. 371): In connection with an appeals case President E.
Zimmermann of the Indiana District asked the Commission to define what constitutes "persistence in an
offensive conduct" referred to in Article XIII of the Constitution. The Commission adopted the following
ruling: It is not the responsibility of the Commission on Constitutional Matters, but of others - District
Presidents, Commissions of Adjudication, and the Board of Appeals - to decide what constitutes
"persistence in offensive conduct" in specific instances and to determine whether offensive conduct has
taken place and whether it has been persistent.
172. Election of Advisory Delegates (Ag. 372): President A. T. Mennicke of the Minnesota North District
had asked what could be done to elect advisory delegates since this had been overlooked at the District
convention. The Commission ruled that since there are no provisions for such an eventuality the District
will need to forego the privilege of sending advisory delegates. The Commission decided to suggest,
however, that the District might provide for the selection of a few advisory members who could be sent to
the convention at District expense as visitors and report back to the other advisory members. (It is
assumed that the reference is only to those advisory members who are members of the Minnesota North
District and who do not merely reside in that area).
173. Eligibility of Women Teachers for Office (Ag. 370): The Committee for Convention Nominations
inquired through its secretary, Wilbert E. Krause, whether female teachers for purposes of nomination for
boards and commissions are to be considered as teachers or as lay persons, or as both. After extended
discussion the Commission resolved to advise the committee that since the matter is considerably