LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 16, 1995, Page 3

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The Commission would further observe that the majority, if not all, of the questions posed are
theological in nature. In view of this, they would more properly be addressed to the Commission on
Theology and Church Relations. You may wish to contact them regarding your concerns.
4. Meaning of "Offensive Conduct" (Ag. 2014) : A pastor who is under suspension by the District
President had written to the Commission on Constitutional Matters regarding the meaning of "persist in
offensive conduct" since this was one of the causes stated for suspension. The Commission decided to
respond as follows:
1.

We have been informed that, since your submitting the above question, you have
appealed the action of your District President and requested that a Dispute Panel hear your
appeal, and that such a panel has been established.

1.

According to Bylaw 8.21, i, once a panel has been established "the request for an
opinion must be made through the Dispute Panel which shall determine the wording of the
questions(s)."

1.

Because of the theological implications the words "offensive conduct" may be a
matter for the CTCR to define. That can be requested of them in accord with Bylaw 8.21, i.

5. Validity of Election and Succession of Officers (Ag. 2015) : A letter had been addressed to the
Commission on Constitutional Matters with the following question:
If, between the time of an election and the time of installation, a candidate becomes unable to serve (in
the case of a fatal auto accident or a paralyzing illness), has an election taken place? Does the next
eligible candidate serve (as in the case of a president, does a vice-president take the office), is the office
filled by appointment (as by a Board of Directors), is a new election required (a polling of the
continuing elected delegates), or is the office filled in yet another way?
Responding to this question, the following opinion was offered:
The Commission would first note that Bylaw 3.963 outlines procedures for the election of a President
and in section b particularly states that "The candidate receiving a majority of the votes cast shall be
declared elected" if he receives the majority of votes. It would thus appear that when one has received
such a majority, an election has taken place even though circumstances are such that the one elected
cannot carry out the responsibilities of the office because of death or a paralyzing illness.
The Bylaws are quite clear with regard to service of the First Vice-President in case of prolonged illness
or disability on the part of the President. Bylaw 3.107 gives the Board of Directors the responsibility for
determining when that condition exists.
In view of the fact that an election would have taken place if one received a majority in the election of
the President, Bylaw 3.127, Succession to Presidency, would respond to the situation in which a death
has occurred. It states that "The Vice-Presidents shall, in the order in which they have been ranked,
assume the presidency if the office is vacated or perform the duties of the President if he becomes
incapacitated." This is in keeping with Constitution Article XI, C, 2, which is equally explicit.
6. Constitutionality of Resolution 7-18A (Ag. 2011) : At the 1995 synodical convention, the delegates had
adopted a resolution relating to the issue of the certification of Herman Otten as a pastor of The Lutheran
Church-Missouri Synod. Since the close of the convention, the question had been asked,