LCMS Convention Workbook St. Louis, Missouri — 1983, Page 186

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186

the commission cautioned that a written opinion from legal
counsel in the pertinent state would be highly advisable.

The commission was called upon torule that the terms of all
elected District boards were for three vears and not for six
years, according to the new Bylaws adopted by the 1981
convention.

“Guidelines for District Presidents re District Conventions
and Structural Changes” were provided to each District Presi-
dent prior to the District conventions so that necessary actions
could be taken following the restructuring of the Synod.

Although the new Bylaws provided that the clergy members
of the Board for Evangelism Services must now be parish
pastors. since two of the men had been elected previous to the
adoption of that Bylaw the commission held that these men
could complete their present terms.

It strongly advised the Lutheran Church Extension fund—
Missouri Synod to prepare a Bylaw setting forth clearly how
the membership of the Fund and of the Board of Trustees is
determined; the LCEF has agreed to do so.

The convention instructed the CCM and the Board of
Directors to review the proposed structure of the new Depart-
ment of Stewardship and Financial Support: this review is still
in process.

Considerable correspondence ensued regarding the effort of
Atonement Congregation in Florissant. Mo.. to continue dual
membership.

The commission concluded on the basis of evidence that the
Board for Parish Services was not a new board and that
therefore the position of executive secretary was not auto-
matically vacant.

It was pleased to receive the information that The Lutheran
Church Extension Fund—Missouri Synod had adopted a
paragraph for its Articles of Incorporation indicating that the
Fund was indeed subject to the Bylaws and regulations of the
Synod.

The commission dealt with a complicated question of
whether a congregation had the right to extend a call while the
pastor who had been removed from office was appealing this
removal; the commission found in favor of the congregation's
request.

It maintained once again that the right tocall a pastor could
not be delegated by a congregation to a District board.

It held that a District may operate its campus ministry ona
noncongregational basis and that it could, ifit so chose, simply
lease to a campus ministry property which belongs to the
District.

The commission was asked to deal with a question of
nominations for Counselor in Circuits which would be re-
aligned at the District convention.

Once again the commission ruled that upon acceptance of a
new position an individual is no longer pastor of the congre-
gation which he has served and therefore cannot represent the
congregation as a voting delegate at a District convention.

It held once again that emeriti have speaking rights at
District conventions but that uncertified pastors do not.

As in former biennia the commission approved the detailed
guidelines which had been developed by the Secretary for the
guidance of Circuit Counselors in the election of synodical
convention delegates.

The commission ruled that the incumbent President of the
Florida-Georgia District is indeed eligible for a fourth term
since the restriction in the District Bylaws refers to the number
of terms and not to the number of years served.

Under Bylaw 2.600 both the Board of Directors and the
Commission on Constitutional Matters are to review the
governing instruments of the “other synodical entities” listed
in the Handbook. At the time of this writing the commission
had given approval to the governing instruments of the Worker
Benefit Plans and Lutheran Church Extension Fund, had held
for the time being for further discussion approval of the bylaws
of the Foundation, Concordia Publishing House, and Con-
cordia Historical Institute, and had not yet received the bylaws
of KFUO.

The commission once again stated that on the basis of
actions taken by the Synod in convention women were not to
hold the office of elder or president of a congregation.

It also reiterated once again that the article on Confession
in congregational constitutions should not go beyond the re-

STRUCTURE AND CONSTITUTION

quirements of the Synod’s own article on Confession.

The commission is studying and intends to issue revised
guidelines for congregational constitutions.

During this biennium the commission has often been asked
concerning woman suffrage and offices which women may
hold.

It was asked to clarify the role and function of the CTCR.

The commission was requested to interpret the phrases
regarding “prior approval” in connection with faculty appoint-
ments.

It concluded that a c.r.m. who has an appeal pending may
be transferred to another District as far as constitutional
considerations are concerned.

III. Other Opinions and Interpretations

Opinions, rulings, or interpretations were also given on
many other questions, among them the following:

That a pastor cannot be a member of two Districts.

That a member of the Synod cannot appeal to and use Article
VII of the Constitution in order to defend and justify a
violation of Article VI of the Constitution.

That although it is to be honored, the Brief Statement cannot
be listed with the Lutheran Confessions nor can sub-
scription to the Brief Statement be required for congre-
gational membership.

That any individual or group may offer suggestions to the
President for persons who may be considered for appoint-
ment as doctrinal reviewers.

That Bvlaw 2.67 h states plainly that executives shall not be
members of the board or commission under which they
serve or of any other board or commission of the Synod.

That persons on the executive staff of a college who are not
regular faculty members are governed by those Bylaws
which speak of sabbaticals for staff members of synodical
boards and commissions and not by those Bylaws which
speak of sabbaticals for faculty members.

That a pastor is not received into membership of the Synod
simply through ordination.

That the Edmonton college, since it had been officially recog-
nized by the last synodical convention as a college of the
Synod, may have advisory representation at the synodical
convention.

That women are indeed eligible to serve as members of a Circuit
Forum.

That an individual cannot serve both on the Commission on
Theology and Church Relations and on a Commission on
Adjudication in view of Bylaw 8.47 c.

That bylaws of a congregation are properly regarded as part of
the congregation’s constitution.

That the secretary of a congregation, as a corporate officer,
should be elected by the congregation and not be appointed
by the chairman or any other officer.

That an emeritus pastor cannot serve as a voting delegate toa
District convention.

That emeriti pastors are eligible for office unless a parish
pastor is specified.

That incumbents are not automatically nominees for reelection
but must be nominated in the regular manner.

IV. Recommendations

The Commission on Constitutional Matters strongly recom-
mends inclusion in the Handbook of a Bylaw setting forth in
greater detail the membership of the Lutheran Church Ex-
tension Fund—Missouri Synod and its governing board—the
process of selection and its functions.

Herbert Mueller, Secretary

5-02
Report of Commission on Structure

Upon recommendation of Task Force II, the 1981 conven-
tion of the Synod created a Commission on Structure, consist-
ing of five persons appointed by the President, namely, two