LCMS Convention Workbook St. Louis, Missouri — 1983, Page 313

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CONSTITUTIONAL OPINIONS 313

Parish Services and the Standing Committee on Worship,
since the convention itself failed to carry out its Bylaw
responsibility to prescribe the manner in which such a product
should be tested.

March 5, 1982

Opinion re Right to Call a Successor
to a Deposed Pastor

To assist a District President in the performance of his
responsibilities, the commission issued the following opinion:

1. Since the pastor involved had not been expelled from the
Synod, it was proper for the District President to give the
pastor a CRM status. Whether or not the pastor should have
been expelled is a matter which lies within the judgment of the
District President.

2. The commission does not have sufficient information to
make ajudgmentas to whether it is proper for a deposed pastor
to serve a splinter group in thesame locality. This action on the
part of the pastor could very well be construed as divisive
action contrary to Article III of the Synod’s Constitution.

3. Thecommission holds that the congregation may at this
time proceed with the calling of a successor pastor,

a. since the deposed pastor had allowed himself to be placed
ona CRM status, thereby accepting the fact that he had
been deposed from a pastorate;

b. since he had accepted employment with a splinter group,
which would seem to have terminated his pastoral
relationship to St. Luke’s Congregation as such;

c. since a congregation has the right generally to regulate
its own affairs in the absence of clear evidence of
improper or offensive conduct (Article VII, Article XIII,
Bylaw 8.07);

d. since efforts at reconciliation have been unsuccessful,
contrary to the hope which the Commission on Con-
stitutional Matters had expressed at an earlier date;

e. since it seems self-evident that, even if the adjudication
procedures would find that the congregation had acted
improperly, the clergyman in question could hardly
serve the congregation again with blessing as its pastor.

March 5, 1982

Opinion re Necessity of Including
a Constitutional Article Limiting
the Offices Women May Hold

The Commission on Constitutional Matters adopted the
following opinion:

1. While it might be advisable for a congregation to include
in its constitution and bylaws a paragraph limiting the offices
which women may hold, the commission concludes that such
inclusion cannot be made mandatory.

2. Nevertheless, both applicant congregations and member
congregations need to remember that they are obligated to
“honor and uphold the resolutions of the Synod” (Bylaw 119e),
including Denver Res. 2-17 and 1981 Res. 3-11. It should be
noted that Res. 3-11, which calls upon the CTCR to complete its
study on women’s role in the church, has as its final paragraph
the words: “Resolved, That while awaiting this study all
congregations of the Synod continue to be guided by Denver
Resolution 2-17, as interpreted by the Commission on Con-
stitutional Matters (Milwaukee, 1971, Workbook p. 244).”

3. It should also be noted that when congregations disagree
with a position of the Synod there are prescribed procedures
which are to be followed in any effort to have the Synod change
its position.

June 4, 1982

Opinion re Implementation
of New Congregational Constitution

On this subject the commission upon request issued the
following opinion:

1. The congregation may indeed designate a definite date
when the new constitution is to go into effect; in fact, it would
be advisable to do so.

2. All current voting members continue automatically as
voting members even after the adoption of the new constitution
and are not required to be received again into membership. The
congregation may indeed introduce new requirements and
responsibilities of membership, but these must be applied only
prospectively and cannot be applied retroactively.

3. In view of a proposed requirement of attendance at least
once each vear at a congregation meeting, the commission
recommends that the quorum consist of those in attendance at
a validly called meeting, and therefore recommends that the
manner of calling regular and special meetings be outlined
precisely in the congregation’s constitution and bylaws.

June 4, 1982

Opinon re Confessional Article
in Congregational Constitution

The commission holds that any substantive addition to the
Article on Confession as set forth in the Synod’s Constitution
is not acceptable and that congregations should conform as
closely as possible to the Synod’s Article.

Oct. 1, 1982

Opinion re Tenure of Members
of Board of Directors

The Commission on Constitutional Matters has been asked
to review its recent decision under 1981 Res. 2-03A concerning
renomination and re-election of certain members of the Board
of Directors.

Res. 2-03A limits the members of the Board of Directors,
except for the elected officers of the Synod, to serve no more
than 12 consecutive years. Three members of the Board of
Directors whose terms will expire at the 1983 convention
would, if elected to a six-year term, go beyond that limitation.

When the Commission on Constitutional Matters was
asked to deal with this problem, it concluded that it had only
two alternatives: either to rule that these three members would
not be eligible for nomination at the 1983 convention or to rule
that they could indeed be nominated and elected but would be
able to serve only part of the six-year term, with the resulting
vacancy to be filled by election at the 1986 convention for the
remainder of the term.

The commission chose the second alternative in order to be
as fair as possible to incumbents.

The commission recognizes that in 1986 a similar situation
may confront four additional members of the Board of Di-
rectors whose terms will expire at that time. Once again this
may mean that they would either be ineligible for renomi-
nation or could be eligible only for a partial term. The 1983
convention may want to address itself to this question.

The commission is well aware of the problem. However, it
cannot set aside Res. 2-03A of the 1981 convention, which
placed a limitation of 12 consecutive years on each member of
the Board of Directors (except officers).

The commission, having reviewed its initial decision, has
concluded that it is in no position to alter it, that it still prefers
the second alternative to the first listed above, and that it does
not have the authority to nullify the specific directive of Res.
2-03A limiting service to 12 consecutive years.

The Board of Directors may wish to submit an overture
asking the 1983 convention to address itself to this question.

The commission takes no position with respect to the issue
itself, since the issue involves the debatable subject of the
merits or demerits of the principle of the limitation of tenure.
That is an issue which the convention itself must decide either
on the basis of a general provision or on the basis of a board-by-
board evaluation.

Oct. 1, 1982

Opinion re Eligibility of Emeriti

The commission ruled that a pastor emeritus is eligible for