# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_June 25 1997_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

120. Voting Status of Retired Pastors Serving Congregations (Ag. 2078, A): The Secretary of the
Kansas District had asked the Commission on Constitutional Matters to provide a ruling regarding the rights
of retired and emeritus pastors with respect to voting at district conventions and at the forum meetings of
the circuit. He noted that the matter of retired pastors voting at circuit forums was important because of the
fact that it is the circuit forum which selects delegates for the synodical convention to represent the electoral
circuit.
In communication with the members of the Commission on Constitutional Matters, the Secretary had
pointed out that past rulings of the CCM concluded that one could not both be retired and in charge of a
congregation. As a result, retired pastors were considered advisory members under Article V, B, 3, and
Article XII, B, c. In that communication, it was pointed out that the rationale on which the decision of the
Commission had been based was no longer valid since at the time it was made retired or emeritus pastors
were not permitted to work more than 20 hours and still receive retirement income. Such is no longer the
case. In fact, the Worker Benefit Plans is not even permitted to identify those who are still working fulltime and are also receiving retirement benefits. In view of this, it would appear that the opinion previously
provided by the Commission on Constitutional Matters should be reconsidered.
Because it did not have access to the original opinion provided by the CCM, the Commission asked that the
original ruling be forwarded to them so that it could be taken into account as it sought to respond to the
request of the Secretary of the Kansas District.
121. Requirement for Nominations to District Positions (Ag. 2081): The Secretary of the FloridaGeorgia District stated that its Bylaws contain the following statement:
All officers, Board members, Commission members and members of Committees shall be members of
voting congregations and shall have been active in the District for at least one year. The one year
limitation shall not apply to the office of Circuit Counselor.
He stated that this bylaw was being interpreted to say that all officers, except Circuit Counselor, shall have
been active in the district for at least one year. He wondered whether this placed the district in conflict with
synodical Bylaws and whether the requirement for at least one year of service in the district could be made
as a condition for nomination.
After carefully considering the matter, the Commission decided to respond as follows:
You have stated that Bylaw D.3.31 of the Florida-Georgia District Bylaws includes the following
statement:
All officers, Board members, Commission members and members of Committees shall be
members of voting congregations and shall have been active in the District for at least one year.
The one year limitation shall not apply to the office of Circuit Counselor.
You also stated that this was being interpreted to say that all officers, except Circuit Counselor, shall
have been active in the district for at least one year. The question on which the Commission was asked
to provide an opinion was, "Does this place us in conflict with Synodical Bylaws, and may we make the
application of at least one year of service in the District a condition for nomination?"
In response, the Commission states that the portion of the Florida-Georgia District bylaw which refers
to all officers other than the Circuit Counselor and requires active membership on their part in the
district for at least one year is indeed contrary to Bylaw 4.51, a, of the Bylaws of the Synod. It may not