LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 19-20, 1975, Page 7

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Answer:

"4.

Bylaw 5.13 does permit the responsible District officer to arrive at the conclusion
that the charge is not valid. The matter is referred to the Commission of
Adjudication only when the District officer feels there is sufficient validity for
further action.

We are not asking CCM to render a decision as to the correctness or truthfulness of the content
of Pastor Gerken's conclusions. Rather, we are asking, 'Did he have the constitutional right to
make the decision on his own, or did he assume the role and responsibility, which belongs to
the Missouri District Commission of Adjudication?"'
Answer:

As stated above, a responsible District officer does have the constitutional right to
render a decision in such an instance. If the decision is to the effect that the
charges have no validity, then the only recourse of the complainant is an approach
to the President of the Synod with a request for his intervention on the basis of the
second paragraph of Bylaw 5.13. Since no time limit is set forth in the Bylaws for
such a procedure, the Commission on Constitutional Matters holds that if this
possibility is pursued at all, it should be pursued with all reasonable diligence in
fairness to all parties concerned.

492. A.W. Downing Letter to Herman Otten (Ag. 856): This letter encouraging Pastor Otten to apply for
endorsement as an LCMS clergyman was noted for the record. A carbon copy had been sent to the
secretary.
493. William Ford on Congregational Autonomy (Ag. 857): The secretary also shared with the
Commission correspondence which he had had with Mr. William Ford of Lemont, Illinois regarding the
use of the word "autonomy" in connection with the rights of congregations.
494. Call to Teach at Seminex (A.g. 858): Dr. Victor H. Hoemann had asked for a copy of the CCM's
ruling regarding congregations calling men as assistant pastors to teach at Seminex. The secretary had
acceded to this request. The Commission ratified his reply.
495. Paul Doellinger Protest (Ag. 859): The Commission had received a carbon copy of a letter addressed
by Rev. Paul Doellinger of Apopka, Florida to Dr. Preus, claiming that Resolutions 3-05, 3-06, 5-02A,
6-02 are unconstitutional and therefore null and void. The secretary had offered several suggestions to Dr.
Preus for a reply and John Klotz had done the same by referring to the "Concordia Comments, #6 . "
496. Mennicke Statement (Ag. 866): The Commission noted the statement that Chairman August
Mennicke of Committee #3 had read to the convention in response to the question of whether ELIM
members would be eligible for delegate status at the 1977 convention.
Mennicke had replied: "Yes, neither the intention nor the wording of Resolution 3-06 condemn
membership in ELIM. As long as an individual is a member of the Synod, that individual is eligible for
delegate status at a convention of the Synod."
497. Stegemoeller Letter (AR. 869): The Commission noted the open letter which President Harvey
Stegemoeller of Concordia College, St. Paul, had addressed to pastors of the Minnesota North and South
Districts and to others prior to his resignation in protest to certain Anaheim convention actions.
The meeting adjourned with a prayer by the secretary.