LCMS Convention Workbook St. Louis, Missouri — 2001, Page 334

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334 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

(4) if these funds of the Synod’s educational institutions are to
tind their way into the Foundation, they first must go to the Vice-
President-Finance—Treasurer of the Synod who then can transfer
them to the Foundation only if required to do so by the rules and
regulations of the Synod or by direction of the Board of Directors
of the Synod (Bylaw 3.163).

Therefore. in answer to the question, the educational institutions
of the LCMS are not required to use The Lutheran Church—Mis-
souri Synod Foundation as the manager of invested funds. They are
required to deliver invested funds

to the Vice-President—Finance—Treasurer of the Synod or such
other person as may be designated by the Board of Directors of The
Lutheran Church—Missouri Synod, unless precluded by law or the
terms of the gift. In such case, the Board of Regents shal] hold and ad-
minister the same, in accordance with the terms of the instrument cre-
ating such gift and in accordance with the policies of the Board of Di-
rectors ot The Lutheran Church—Missouri Synod. (Bylaw 6.03 j 2)

The Vice-President-Finance—Treasurer of the Synod is then to
manage such funds in accord with the rules and regulations of the
Synod and as directed by the Synod’s Board of Directors.

Adopted April 13, 2000
Revision of Bylaws re Candidate Status (00-2183)

The Commission gave its approval to the Bylaw changes being
recommended by the Council of Presidents regarding non-active
roster status, as follows:

C. Continuing Eligibility of Individual Members

2.15 Active Members

To remain on the roster of the Synod as an “active member,” an or-
dained or commissioned minister of religion must be a communicant
member of a congregation which is a member of the Synod (except as
provided in paragraph c of this section) and be regularly performing the
duties of one of the following:

a. An ordained minister serving a congregation of the Synod.

b. A commissioned minister serving a congregation of the Synod.

c. A minister of religion, ordained or commissioned, serving a con-
gregation which is not a member of the Synod, provided that such is
approved (on the basis of policies adopted by the Council of Presidents)
by the President of the District in which the congregation is located.

d. An elected officer of the Synod, including a District or other
agency of the Synod.

e. An executive or professional staff member serving the Synod, in-
cluding a District or other agency of the Synod.

f. A missionary serving under a call by the Synod, including a call
by a District.

g. A person serving on the faculty or professional staff of a synodi-
cal educational institution.

h. A military or institutional chaplain or other specialized ministry
endorsed by the Synod, including endorsement by one of its Districts.

i, An executive or professional staff member called or appointed by
a national inter-Lutheran agency referred to in section 13.01.

j. An executive or professional staff member called or appointed by
an auxiliary (14.01) or other recognized service organization (14.03),
including a person serving an educational institution, whether elemen-
tary or secondary, recognized by the Synod.

2.17 Inactive Members

Inactive members are advisory members of the Synod. As such,
they have all the rights, privileges, and responsibilities of advisory
membership in the Synod as defined in the Constitution and Bylaws of
the Synod. To remain on the roster of the Synod as an “inactive mem-
ber,” an ordained or commissioned minister of religion must be a com-
municant member in good standing of a congregation which is a mem-
ber of the Synod and must qualify and make application for one of the
following ealegories:

a. An “emeritus” member is one whose membership is held for re-
tention on the roster upon retirement after reaching the age of 55 or for
reasons of total and permanent disability. Any unusual case shall be de-

2001 Convention Workbook

cided by the Council of Presidents if the appropriate District President
so requests.

b. A “candidate” member is one who is eligible to perform the du-
ties of any of the offices of ministry specified in Bylaw 2.15 but who is
not currently an active member or an emeritus member. A candidate
may be continued on the roster for a period not to exceed four years by
act of the President of the District through which the person holds mem-
bership. The candidate shall, by January 31, make an annual report to
the District President, who shall evaluate the member's eligibility for
remaining on candidate status. The candidate’s report shall include cur-
rent contact information and address the criteria for remaining on can-
didate status. Among criteria for determining whether candidate status
should be granted or continued are (1) the health of the applicant; (2) a
spirit of cooperation in any efforts to address any unresolved issues in-
volving fitness for ministry; (3) the extent of current involvement on a
part-time and assisting basis in his/her respective ministry; and (4) a
demonstrated willingness to consider a call or appointment to any of
the offices of ministry specified in Bylaw 2.15.

c. A “non-candidate” member is one who is eligible to perform the
duties of any of the offices of ministry specified in Bylaw 2.15 but who
is not currently an active member or an emeritus member and who
chooses not to be a candidate member. The member may be continued
on the roster for a period of up to eight years by aci of the President of
the District through which the member holds membership. The non-
candidate shall, by January 31, make an annual report to the District
President who shall evaluate the member’s eligibility for remaining on
non-candidate status. The non-candidate’s report shall include current
contact information and the member’s efforts to fulfill the responsibili-
ties of an advisory member of the Synod. Non-candidate members are
eligible to serve in ministry situations upon approval of their District
President and according to guidelines established by the Council of
Presidents. The Council of Presidents may grant an extension of non-
candidate status for a second period of up to eight years upon request of
the appropriate District President.

2.41 District through Which Membership is Held; Ecclesiastical
Supervision

f. An inactive member having emeritus, candidate, or non-candidate
status shall continue to hold membership in the Synod through the Dis-
trict through which membership was held at the inception of candidate
or non-candidate status except when a transfer is approved by both the

President of that District and the President of the District to which mem-

bership would be transferred.

While granting its approval and thereby clearing the way for
forwarding this Bylaw change to the Board of Directors of the
Synod for final approval (Bylaw 15.01 2), the Commission also
recommends that the Council of Presidents provide in accompany-
ing guidelines further definition and clarification of the words “in
good standing” as they occur in the first paragraph of Bylaw 2.17.
Adopted April 13, 2000

Questions re the Delegate Rights
of Intentional Interim Ministers (00-2190)

A pastor from the Northern Illinois District explained in an
April 7 letter that his District has several men serving as “interim
ministers.” These pastors work in congregations during a vacancy
but are called by the District and paid by the District. The congre-
gations they serve reimburse the District for expenses. The Com-
mission responds to the pastor’s questions as follows:

Question 1; Can an intentional interim minister called by the
District represent the congregation where he is temporarily working
as its pastoral delegate to the District convention?

The Commission responds that although the Constitution and
Bylaws of the Synod do not address the subject of intentional in-
terim ministers, the matter of representation at District conventions
is addressed (Art. V A). The called pastor and a lay delegate from
each congregation or parish are entitled to voice and vote at the
District convention. If, however, a pastor is called by the District to
serve in a specialized ministry, that call is not issued by the con-
gregation and therefore that individual as an advisory delegate is
entitled to speak but not cast a vote at the convention. A similar