LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 8, 1996, Page 3

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2.

If not, does this mean that the existing Council members can remain in office until the next
regular meeting which occurs in April, 1997?

2.

If so, would I, the pastor, have to install them again?

2.

In your opinion, is absentee voting a bad idea?

After reviewing the questions and their implications, the Commission decided to respond as follows:
Before responding, the Commission would note that it ordinarily does not consider questions regarding
individual congregational constitutions since its responsibility is limited to the interpretation of the
Constitution, Bylaws, and resolutions of the Synod. Questions relative to individual congregations are
the primary responsibility of the district Committee on Constitutional Matters.
Although this Commission lacks authority to render a binding opinion in your case, in an effort to be
helpful the Commission would offer the following observations:
In response to questions 1 and 2
1.

If the document provided is the totality of the Constitution and Bylaws, there is no
provision governing the question of whether officers continue in office until their
successors are elected. Neither is there a reference to Robert's Rules of Order which
specifies that.

1.

Since, or if, there is nothing in the governing documents of the Constitution and Bylaws
which is controlling, it would appear proper to refer to Article VI which calls for a
congregational majority to decide issues. In combination with Article VIII, this would
allow a majority of the congregation to decide in a special meeting how to proceed.

1.

Assuming the entire governing document has not been made available and that there are
provisions for amendment, the congregation could hold a meeting to amend its Bylaws and
then proceed to carry out its election on the basis of the amended Bylaws.

In response to question 3
It would not seem proper to install officers again if they are simply continuing in office
until their successors are elected.
In response to question 4
It should be noted first that the Bylaws make no provision for absentee ballots and
without such an express provision absentee ballots are not permitted. Normally
absentee ballots are not permitted since such persons would not have been present for
any discussion of the issues preceding the ballot.
The Commission would make one additional observation unrelated to a specific response to questions
posed. A Christian congregation is the witness to the Gospel in the community where it exists. Its members
are expected to give a good witness to those "outside." It is therefore incumbent upon them to maintain
good order in the conduct of their affairs so that the church is "above reproach." It is thus of vital
importance that the members in Christian love seek to resolve any differences which they may have in a
way which brings glory to God rather than resolving them on the basis of power or personal vindication.