LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 12, 1976, Page 1

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B.

It has been taken for granted that the vow of a District president upon assuming office to
discharge his. office in harmony with the Constitution and Bylaws of the Synod as well as in
harmony with the Scriptures and the Lutheran Confessions was sufficient to safeguard the
constitutional integrity of the Synod. However, the Synod has been confronted with the
necessity of dealing with District presidents who refused to comply with the provisions of the
Constitution and Bylaws of the Synod.

C.

The Commission therefore rules that the delegates of the congregations of the Synod duly
assembled in convention in Anaheim had not only a right but even a necessity and duty to insist
that anyone who holds the office of District president, whether by election or by filling a
vacancy,-be explicit in stating his willingness to discharge his office in conformity with the
Constitution and Bylaws (which speak also of resolutions) of the Synod. The Commission
therefore rules that the seventh resolve of Anaheim Resolution 5-02A is indeed proper and
constitutional.
II

A.

If the seventh resolve should be in conflict in any way with any District bylaw, the Commission
rules that the Anaheim resolution takes precedence on the basis of the statement of Bylaw 3.07
a, "Resolutions of the Synod are binding on the Districts."

B.

After a presidency is vacated under this resolution, the President of the Synod shall notify the
first vice-president of the District (or the proper successor District official) that he is to assume
the presidential responsibility. The person who until the District convention is to assume the
presidential responsibility according to the District regulations regarding succession must state
his compliance with Anaheim Resolution 5-02A to the President of the Synod. If no successor
designated in the District bylaws is willing to serve as acting president, the President of the
Synod has the right to appoint an acting president in harmony with the provisions of Bylaw
2.29 c. The person serving in the interim shall not be required to do so on a full-time basis.

C.

In the special election at the District convention to fill the vacated office of District president
the Synod has a right to take for granted that all who are nominated will comply with
Resolution 5-02A. Those who are determined not to abide by the will of the Synod are
obligated so to declare themselves and to remove themselves from consideration.

D.

If the District bylaws provide for election procedures which cannot be complied with, the
convention shall be free to determine a method for electing a successor to fill the unexpired
term and may revert to the traditional ecclesiastical ballot (write-in nominations, etc.). If no
election is held, the acting president shall continue to perform the functions of the president's
office.

E.

Any vice-president who declines to serve as acting president shall continue to hold his present
office.
THE COMMISSION ON CONSTITUTIONAL, MATTERS
Herbert Mueller, Secretary

June 11, 1976