LCMS Convention Workbook St. Louis, Missouri — 2001, Page 335

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 335

situation is the case when a missionary-at-large is called by the Dis-
trict.

Question 2: Can an intentional interim minister called by the
District vote in a Circuit caucus when electing synodical delegates?

The answer to this question is much the same as the answer to
question | above. Bylaw 5.35 states that “it is the Circuit Forum
which triennially shall elect the pastoral and lay delegate, and their
alternates, to the national convention of the Synod according to the
regulations of the Synod.” Bylaw 5.31 states: “Each congregation
shall be represented at the Circuit Forum at least by its pastor and
one member designated by the congregation.” If therefore a pastor
is called by the District to serve in a specialized ministry, that call
is not issued by the congregation and that individual is not entitled
to vote in a Circuit caucus when electing synodical delegates.

Adopted May 8, 2000

Service of Intentional Interim Ministers
in Offices (00-2191)

In a letter dated April 4, 2000, a parish pastor noted that “inten-
tional interim ministry” is new to our Synod and that his District
calls and employs pastors to serve in this ministry. He raises two
questions regarding the service of such ministers in offices of the
District, to which the Commission responds as follows:

Question |: In view of Bylaws 4.11 and especially 3.69 g, may
an intentional interim minister also serve as a District Vice Presi-
dent?

The Commission notes that Bylaw 4.11 speaks in general terms
with no specific application to the question that is being raised.
Bylaw 3.69 g does however directly apply. It stipulates that, “un-
less otherwise specified or permitted by the Bylaws, executives,
faculty, and staff on either the national or District level, shall not be
members of the agency under which they serve, nor shall any such
executives or staff be members of any other agency of the Synod,
as identified in Bylaws 3.55 and 3.57.” “Members” in the case of
this Bylaw refers to members of the boards and commissions listed
in Bylaws 3.55 and 3.57.

Specific circumstances will determine the answer to this ques-
tion. According to Bylaw 3.69 g, if an intentional interim minister
has been called and employed by a District and therefore is a mem-
ber of its staff, that intentional interim minister cannot serve on a
board of that District or any other agency of the Synod as defined
by Bylaw 3.51 a. If, therefore, the Vice Presidents of that District
are regarded as members of its Board of Directors, voting or advi-
sory, that intentional interim minister may not stand for election
for the office of Vice President.

Question 2: Also, since Vice Presidents are elected regionally
and intentional interim ministers are not “regional,” may they serve
as Vice Presidents?

If the above answer applies, this question is moot. In cases,
however, where an intentional interim minister is not a member of
the staff of the District, and therefore, Bylaw 3.69 g does not apply,
residency requirements or absence thereof in District Bylaws will
determine the answer to this question. If a Vice President position
includes the requirement of residency of the Vice President in a
given geographical region, the election of an intentional interim
minister to such a position will be at best ill-advised, given the mo-
bility that is necessarily an integral component of an intentional in-
terim ministry program.

Adopted May 8, 2000

Council of Presidents Questions
re Bylaw 2.15 (00-2192)

The Clergy Call and Roster Committee of the Council of Pres-
idents, acting on behalf of the entire Council, has requested the fol-
lowing opinions.

Question I: Please clarify Bylaw 2.15, paragraph a, as follows:
Do the words “serving a congregation of the Synod” pertain exclu-
sively to called positions, or may these words be understood more
generally to include non-called workers?

The Commission responds that the phrase “serving a congrega-
tion of the Synod” pertains exclusively to called positions. The
words “regular basis” in Bylaw 2.19 a presume the existence of a
regular call (Constitution, Art. VI 3) for a worker to be categorized
under Bylaw 2.15, in the absence of which an eligible worker may
request candidate status.

Question 2: Specifically, may a minister of religion—ordained
who has been called by a District as an intentional interim pastor be
continued on the active roster of the Synod under Bylaw 2.15 a,
because he is “serving a congregation of the Synod,” even though
he has not been called by the congregation?

A minister of religion—ordained who has been called by a Dis-
trict as an intentional interim pastor is continued on the active ros-
ter of the Synod but not under Bylaw 2.15 a (see the answer to
question | above). He is continued on the active roster under Bylaw
2.15 e, as a “professional staff member serving the Synod, includ-
ing a District or other agency of the Synod.”

Question 3: Please clarify Bylaw 2.15, paragraph c, as follows:
May the words “serving a congregation which is not a member of
the Synod” be understood to refer to both called and non-called ser-
vice?

Bylaw 2.15 c originates from the 1986 convention of the Synod,
at which time the Commission on Structure proposed the current
Chapter 2 of the Bylaws of the Synod, combining “all the mem-
bership provisions now found in Chapters 1, 2, 5, 6, and 8” (1986
Convention Workbook, p. 210). Bylaws 5.05, 5.07, and especially
5.09 of the 1983 Handbook addressed the matter of LCMS workers
serving non-Lutheran congregations, now covered by current
Bylaw 2.15 c. Bylaw 5.09 stipulated the conditions “if such a con-
gregation desires to extend a regular call to one of our pastors”
(1983 Handbook, p. 132).

Given the origin of Bylaw 2.15 c, it is therefore clear that “a
minister of religion, ordained or commissioned, serving a congre-
gation which is not a member of the Synod” may serve with or
without a call, “provided that such is approved (on the basis of the
policies adopted by the Council of Presidents) by the President of
the District in which the congregation is located.”

Question 4: Specifically, may an LCMS pastor receive and ac-
cept a call from an independent Lutheran congregation or is this
Bylaw to be regarded as exclusively non-called service?

Given the response of the Commission to question 3 above, yes,
an LCMS pastor may receive and accept a call from an indepen-
dent Lutheran congregation.

Question 5: If such service may include a call, may the District
President who has authorized such “serving a congregation which
is not a member of the Synod” participate in the installation ser-
vice, also when there are other independent Lutheran pastors par-
ticipating?

If the policies of the Council of Presidents have been met to
rightly allow an LCMS pastor to serve a non-member congrega-
tion without acting contrary to the fellowship principles and prac-
tices of the Synod, the President of the District may no less partic-
ipate in the installation service. Indeed, Art. XII 9 c of the
Constitution of the Synod requires that District Presidents “‘per-
form, either in person or by proxy, the ecclesiastical ordination ...
as well as the installation ... of all ministers and teachers called by
the congregations in their Districts.” In addition, Bylaw 4.71 ¢ re-
quires that “the District President shall represent the Synod in con-
nection with all ordinations, commissionings, and installations.”
Sub-paragraph 5 provides that, except as provided otherwise in ear-
lier sub-paragraphs, all ordained and commissioned ministers “shall
be installed upon authorization by the appropriate District Presi-
dent.”

It is the opinion of the Commission, therefore, that a District
President not only may participate in the installation service of a
worker called by a non-member congregation so long as all policies
have been honored, but he is required to authorize the installation
and is well advised to personally install the worker, thereby demon-
strating his ecclesiastical supervision of the worker who holds
membership in his District (Bylaw 2.41 j).

Adopted May 8, 2000

2001 Convention Workbook