# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_October 22 1995_S4
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

congregations of the Circuit or from among the emeriti who hold membership in one of the member
congregations of that Circuit" while such specific language is not found in Article 4.51, a, when giving the
requirements for being elected to the office of President or Vice-president or Circuit Counselor. Article
4.51, a, he stated does not intend to prohibit an emeritus or a pastor of an independent congregation from
being elected to the office of President or Vice-President of a District. He noted that a pastor on the clergy
roster serving an independent congregation could be elected to the office of President of the district and that
if that office were full-time, the pastor could then resign his call as pastor of the independent congregation,
accept the office of President, and join a member congregation of the District. He would be treated the same
as a pastor on the clergy roster serving an educational institution or as a district staff counselor, or the like.
The Commission began a discussion of the matter and before concluding it, emphatically stated that its
concern and consideration was based on interpretation of the Bylaws of the Synod. Since the Bylaws of a
district cannot be in contradiction to the Bylaws of the Synod, they must be interpreted in the context of the
latter, i.e., the synodical Bylaws. With this understanding, the Commission stated that it had drawn the
following conclusions:
1.

Bylaw 2.15, c, allows for membership in an independent congregation as an exception for
remaining on the clergy roster. You are, therefore, correct in concluding that you are on the clergy
roster of the Synod while you are serving as the pastor of an independent congregation.

1.

The Commission concludes, however, that it is not correct to equate the status of one who serves
an independent congregation with the status of an emeritus pastor. Bylaw 2.17 specifically states,
without exception, that to remain an emeritus pastor one must be a member of a member
congregation of the Synod.

1.

Bylaw 4.51, c (not 4.52, c) clearly states that "All officers and members of boards shall be
members of member congregations upon assuming office and during the course of their tenure."
Bylaw 4.51, a, does not nullify that requirement.

1.

Bylaw 4.51, c, does not differentiate between full or part-time officers. Consequently, if one is
elected in either category, he is required to be and remain a member of a member congregation
upon assuming and during the course of his tenure.

1.

It is true that one who serves an independent congregation and is elected to serve as District
President could resign and transfer his membership to an LCMS congregation. Since all officers are
to be members of LCMS member congregations, there is no reason to believe that if one is elected
to be and wishes to serve as a Vice-President of the District he would not do likewise. In fact, the
bylaw argues against ever electing the pastor of an independent congregation as an officer, whether
that office be President, Counselor, or a Vice-President of the District.

1.

By joining the independent congregation which he started with minority members of the
congregation he formerly served, the pastor in question has forfeited his position as a VicePresident of the District.

The Commission, having reached this conclusion, nevertheless expressed its best wishes and prayers to God
for blessings upon your ministry to the members of the independent congregation you now serve.
14. Excommunication and Reconciliation Process (Ag. 2019) : In a letter signed by the Head Elder and
the President of the Church Council of a congregation, the following questions had been posed for
consideration by the Commission on Constitutional Matters: