LCMS Convention Workbook St. Louis, Missouri — 2007, Page 305

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 305

Question 8: If the congregation has “called” an uncertified church
worker—including its pastor—does this change the sit-
uation? If the local congregation refuses to remove its
“called” uncertified church worker—including its
“called” uncertified pastor—who persists in “offensive
conduct,” is the District responsible for assuring the re-
moval of the “called” uncertified church worker? If the
congregation refuses to “deal with him in accordance
with the Word of God,” does the congregation forfeit
its membership in the LCMS in accordance with Arti-
cle XIII?

Question 9: Most congregations have a clause in their Constitution
and Bylaws which allow for the removal of an or-
dained or commissioned church worker for one of the
following reasons: persistent adherence to false doc-
trine, scandalous life, willful neglect, or inability to
perform the duties of the office. If it is not specifically
stated, does the same process and reasons for “removal
from office” follow for church workers who are not
certified by the LCMS?

Question 10: If a congregation has an uncertified church worker in
its employ who persists in adherence to false doc-
trine, lives a scandalous life, willfully neglects his or
her work, or is unable to perform the duties of his or
her office, is the local pastor responsible for supervi-
sion of this worker in doctrine and practice? Is the
congregation—and its Voters Assembly in specific—
responsible for supervision of this worker in doctrine
and practice? Is this a shared responsibility between
the pastor and congregation as members of Synod?

ion 11: If the uncertified church worker is a pastor who per-
sists.in adherence to false doctrine, lives a scandalous
life, willfully neglects his work, or is unable to per-
form the duties of his office, is the local congrega-
tion—and its Voters Assembly in specific—respon-
sible for his supervision in doctrine and practice?

Question 12: If a local pastor refuses to remove an uncertified
church worker who persists in adherence to false doc-
trine, lives a scandalous life, willfully neglects his or
her work, or is unable to perform the duties of his or
her office, is the District responsible for assuring the
removal of the uncertified church worker? If the pas-
tor refuses to “deal with him in accordance with the
Word of God,” is the pastor open to expulsion from
the Synod himself or does he forfeit his membership
in Synod?

Question 13: If a local congregation refuses to remove an uncerti-
fied church worker—including its pastor—who per-
sists in adherence to false doctrine, lives a scandalous
life, willfully neglects his or her work, or is unable to
perform the duties of his or her office, is the District
responsible for assuring the removal of the uncerti-
fied church worker? If the congregation—and its Vot-
ers Assembly in specific—refuses to “deal with him
in accordance with the Word of God,” does the con-
gregation forfeit its membership in the LCMS in ac-
cordance with Article XIII?

Question 14: If the congregation has “‘called” an uncertified church
worker— including its pastor—does this change the
situation? If the local congregation refuses to remove
its “called” uncertified church worker—including its
“called” uncertified pastor—who persists in “offen-
sive conduct,” is the District responsible for assuring
the removal of the “called” uncertified church
worker? If the congregation refuses to “deal with him
in accordance with the Word of God,” does the con-
gregation forfeit its membership in the LCMS in ac-
cordance with Article XIII?

Question 15: To what extent does the charge of “offensive con-
duct” on the part of a member of Synod (church
worker or congregation) in Article XIII apply to un-

certified workers in local congregations—even if the
phrase is not included specifically in the Constitution
and Bylaws of the local congregation? Because the
congregation is a member of Synod, does this cause
of removal from office apply to congregations and
church workers, both certified and uncertified?

Opinion: Due to the fact that the questions asked are very similar
and closely related, each will not be answered separately. This
opinion will address the 15 questions as a unit.

The Commission on Constitutional Matters is charged with the
interpretation of the Synod’s Constitution, Bylaws, and resolutions
(Bylaw 3.9.2.2 of the 2004 Handbook). Some of the questions
asked are not addressed in Synod’s Constitution and Bylaws and
therefore no answer or opinion can be given. Some of the questions
asked pertain to the relationship of a pastor to his congregation, the
supervisory authority and responsibility of each, and the supervi-
sion of other offices in a congregation and are theological matters
that should be addressed to the Commission on Theology and
Church Relations. Still other questions can only be answered by
the constitution and bylaws of the given congregation and the spe-
cific contract between the church worker and the congregation.

In response to the questions to which the Commission can re-
spond, it calls attention, first of all, to Bylaws 2.5.2 and 2.5.4 (p. 52
of 2004 Handbook),

Congregations that are members of the Synod shall call and be
served only by ordained ministers who have been admitted to their re-
spective ministries in accordance with the rules and regulations set forth
in these Bylaws and have thereby become members of the Synod.

Congregations that violate these requirements and persist in such
violation shall after due admonition forfeit their membership in the
Synod.

References in the questions, therefore, to an “uncertified church
worker” who is a “pastor” speak of a situation that is, with one
known exception in our Synod, contrary to the Bylaws of our
Synod. Member congregations (as well as individual members) of
the Synod obligate and commit themselves to act in accordance
with the Constitution, Bylaws, and resolutions of the Synod:

Congregations together establish the requirements of membership
in the Synod (Constitution, Art. VI). In joining the Synod, congrega-
tions and other members obligate themselves to fulfill such require-
ments and to diligently and earnestly promote the purposes of the Synod
by word and deed. Members agree to uphold the confessional position
of the Synod (Constitution, Art. II) and to assist in carrying out the ob-
jectives of the Synod (Constitution, Art. IH), which are objectives of
the members themselves. Thus, while congregations of the Synod are
self-governing (Constitutional, Art. VII), they, and also individual mem-
bers, commit themselves as members of the Synod to act in accordance
with the Constitution and Bylaws of the Synod under which they have
agreed to live and work together and which the congregations alone
have the authority to adopt or amend through conventions. (Bylaw
1.3.4, 2004 Handbook, pp. 24-25)

The Constitution, Bylaws, and all other rules and regulations of the
Synod apply to all congregational and individual members of the Synod.
The Synod expects every member congregation of the Synod to respect
its resolutions and to consider them of binding force if they are in accor-
dance with the Word of God and if they appear applicable as far as the
condition of the congregation is concerned. The Synod being an advi-
sory body, recognizes the right of a congregation to be the judge of the
applicability of the resolution to its local condition. However, in exer-
cising such judgment, a congregation must not act arbitrarily, but in ac-
cordance with the principles of Christian love and charity. (Bylaws
1.7.1 and 1.7.2, 2004 Handbook, p. 33)

If, therefore, a congregation violates its agreements with the
Synod, or if its actions or failures to act demonstrate disagreement
with the Scriptures and the Confessions (Constitution An. ID), or if
it is guilty of offensive conduct (Constitution Art. VJ), it is in dan-
ger of forfeiture of its membership in the Synod and is subject to
discipline and expulsion from membership (Constitution Art. XIII)
under the provisions of Bylaw section 2.14 (2004 Handbook, pp.
62-71). In such case, the congregation should be advised to give
attention to the matter for the sake of its membership in the Synod.

In further response to the series of questions, the Commission
notes that any layperson or non-rostered worker who is “called,”

2007 Convention Workbook