# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_December 5 1992_S6
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

to the idea of the Synod, that is, that it is a group of people who are on the same road together. Dissent is
certainly acceptable, but it is expected in the fellowship of the Synod that dissent be expressed in a proper
way as stated in Bylaw 2.39 b, not in simply going one's own way. If that attitude is not present, a real
problem exists.
A member of the California-Nevada-Hawaii District Committee on Constitutional Matters now had written
stating that he had read the personal opinion provided by the Secretary and found that the personal opinion
was stated in a way that "says nothing." In viewing the response which had been provided by the Secretary,
the Commission on Constitutional Matters ratified that response. The Commission, however, asked that
paragraph five be stressed and the point be made that on the basis of the cover letter to the District
Committee on Constitutional Matters from the congregation, it would be appropriate to ask whether the
congregation intends to honor and uphold the resolutions of the Synod or not. If it does not, there is a real
problem as has been stated and the District Committee on Constitutional Matters could very well conclude
that while there was no difficulty with the provisions of the Constitution and Bylaws as such, the stated
intention of the congregation would make it impossible to recommend the acceptance or retention of the
congregation into the membership of the Synod.
The Commission also added that it looks forward to the completion of the report on this matter by the
Commission on Theology and Church Relations since it has also been frustrated by the fact that there
appears to be no finality to this matter.
16. Role of Interim Pastor (Ag. 1941) : A pastor had written to the Commission on Constitutional Matters
stating that in the guidelines of some of the districts, the interim pastor is instructed that he is not to have
anything whatsoever to do with the call his church is engaged in making. The pastor noted that in the
Handbook, it is clear that the president is to be consulted and that he has an advisory role, but he asked
whether it is proper to then interpret that role as legalizing him and the counselor to move into a
congregation, assuming the roles and office of the called interim pastor in these matters, and totally
eliminating him from the proper performance of his pastoral duties. In conclusion, he stated that he thought
there was a problem when any official outside the congregation could force their pastor to remove himself
from his right to perform the office they asked him to serve. The Commission decided to respond as
follows:
It is not clear whether the Commission on Constitutional Matters is in a position to respond to your
request. There appears to be an underlying assumption that an interim pastor serving in a congregation
during a vacancy has been called by that congregation. The Commission believes there are problems with
that view. If the congregation were not vacant, it would not be calling a pastor and so during the vacancy
it merely has a clergyman providing pastoral services. The man providing this service is not the pastor of
the congregation.
Obviously, in serving as interim pastor, the clergyman who provides these services can assist the
congregation as it prepares to call a man to fill the pastoral vacancy. It is also possible that the district
president may ask the circuit counselor to represent him or may even ask the interim pastor to do so.
However, the responsibility, as indicated in Bylaw 4.73 for advising the congregation in this matter is the
responsibility of the district president. The bylaw states:
Each district president ... shall ... advise the congregations of his district as to the calling of pastors
and teachers ... He may call upon circuit counselors to assist him.
Since this remains the responsibility of the district president, it would appear that it would not be the
right or responsibility of the "interim pastor" on the matter of calling a pastor to fill a vacancy to
advise or counsel the congregation, except in a general way as he carries out his pastoral duties.