LCMS Convention Workbook St. Louis, Missouri — 2007, Page 330

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330 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

sion on Constitutional Matters has from time to time issued guide-
lines for the preparation and review of such documents. This fifth
revised edition of the guidelines has been prompted by recurring
questions and issues raised by district constitution committees and
by recent convention actions.

The Holy Scriptures do not prescribe a form of polity for a local
congregation. Congregations are free to structure themselves in
such manner that they believe will be most effective for carrying
out the Great Commission of our Lord in a manner that is in har-
mony with Holy Scripture, the Confessions, and the teachings and
practices of the Synod. In determining a congregation’s polity,
much will depend upon its size, ethnic background, sociological
setting——whether rural, urban, or suburban—and other pertinent
factors.

Because of its unique needs or setting, a congregation may de-
cide to consider alternate forms of organization. However, in those
cases in which a congregation decides to adopt a different type of
organization than that described in the following guidelines, the
topics that are referenced should still be given serious considera-
tion.

INDEX

I. GENERAL PRINCIPLES

II. FORMAT OF THESE GUIDELINES
II. GUIDELINES FOR CONSTITUTIONS
1.0 NAME

2.0 MISSION

3.0 CONFESSIONAL STANDARD

4.0 SYNODICAL MEMBERSHIP

5.0 MEMBERSHIP
_6.0 CALLED CHURCH WORKERS

7.0 AUTHORITY OF AND WITHIN THE CONGREGATION 7

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8.0 MEETINGS 8
9.0 OFFICERS AND BOARDS 8
10.0 LIMITATIONS ON HOLDING OFFICE 10
11.0 DIVISION 10
12.0 AMENDMENTS 11
IV. GUIDELINES FOR BYLAWS 11
13.0 PROCEDURES FOR CALLING MINISTERS OF

RELIGION 11

14.0 CHURCH COUNCIL OR BOARD OF DIRECTORS 12
15.0 NOMINATIONS, ELECTIONS, AND TERMS OF

OFFICE 13
16.0 OFFICIAL DUTIES 14
17.0 MEETINGS 14
18.0 RULES OF ORDER 14
19.0 AMENDMENTS 14
I, GENERAL PRINCIPLES

A. Because member congregations share in the mission of the
Synod articulated in its mission statement, “In grateful response to
God’s grace and empowered by the Holy Spirit through Word and
Sacraments, the mission of The Lutheran Church—Missouri Synod
is vigorously to make known the love of Christ by word and deed
within our churches, communities, and world,” it is beneficial that
congregations organize themselves and their ministries in an effec-
tive manner as provided in their constitutions and bylaws.

B. Among the responsibilities of membership, the Constitution (VI
5") and Bylaws of the Synod require member congregations to sub-
mit their constitutions and bylaws for review by their district’s con-
stitution committee when applying for membership in the Synod
(Bylaw 2.2.1)” and also when revising their constitutions and by-
laws at a later time (Bylaw 2.4.1)”. Submission and approval of
new and/or revised constitutions and bylaws is a condition of mem-
bership and a requirement before the new or revised documents
may be used.

2007 Convention Workbook

C. While uniformity in these documents is desirable, such differ-
ences exist between the congregations of the Synod in size, oppor-
tunity, location, and other factors that any attempt to formulate a
single example of a constitution and bylaws to suit the needs of
every congregation would be ill-advised. For the most part, the or-
ganization of a congregation is a matter of self-determination, so
long as its constitution and bylaws are in harmony with Holy Scrip-
ture, the Confessions, and the teachings and practices of the Synod
and are not in violation of governmental laws for not-for-profit
charitable organizations.

D. When evaluating constitutions and bylaws, district constitution
committees will judge whether the documents honor those basic
principles for constitutions and bylaws that are enumerated in these
guidelines. When appropriate, the wording of the Constitution and
Bylaws of the Synod should be advocated for the sake of promot-
ing unity and harmony in the Synod. Congregations may note that
under Bylaw 2.3.1 (a), constitutions of member congregations are
not to deny membership or other congregational privileges to any
Christian because of race or ethnic origin. It may also be wise to
include a statement prohibiting sexual harassment.

E. While these guidelines intend to foster unity in the Synod, it is
understood that such unity is grounded primarily in the common
confession and mission of the Synod (Constitution, Art. II; Bylaw
1.1.1)” and in the mutually agreed-upon conditions of member-
ship and objectives of the Synod (Constitution, Art. VI; Bylaw
1.3.4).

Il. FORMAT OF THESE GUIDELINES

A. No section regarding the articles of incorporation of member
congregations is included in these guidelines. Suffice it to say that
these articles should be brief, including only the essential subjects
required by the laws of the state in which a congregation is located.
An attorney familiar with such matters should be consulted. If nec-
essary, names of attorneys can be obtained from district officials.

B. In the third section of these guidelines, subjects are identified
that ordinarily should be addressed in the constitutions of member
congregations of The Lutheran Church—Missouri Synod. Instruc-
tive comments are offered under each subject, followed by one or
more sample paragraphs.

C. In the fourth section of these guidelines, subjects are identified
that may be addressed in the bylaws of member congregations of
The Lutheran Church—Missouri Synod. Instructive comments are
offered under each subject, followed by one or more sample para-
graphs. More latitude is granted to congregations in their bylaws
to allow for differences in size, location, and other circumstances.

D. “Brief but adequate” should be the watchword when congrega-
tions develop or amend their constitutions and bylaws. Brevity en-
ables congregations later to develop additional structures and pro-
grams (e.g., ad hoc committees) to meet specific needs and goals
without the need repeatedly to go through the time-consuming
process of amending their governing instruments.

E. It is the goal of this process and the hope of the Commission in
providing these guidelines that congregations of our beloved Synod
will be assisted in carrying out ever more effectively the great mis-
sion which our Lord Jesus Christ has given to His church on earth:
to make disciples of all nations, sharing with their communities and
the world the good news of salvation and teaching them to observe
all that He has commanded.

HE. GUIDELINES FOR CONSTITUTIONS

The following are subjects that ordinarily should be addressed
in a congregation’s constitution. Instructive comments are provided
together with sample paragraphs. For ease of reference, a numeral
and decimal numbering system is also recommended.

“1.0 NAME

Legal counsel should be consulted to make certain that this para-
graph follows the requirements for ecclesiastical corporations estab-
lished by the state in which the congregation is located. In addition,
1995 Synod convention Resolution 3-13A resolved that “all congrega-
tions and mission stations in our Synod boldly profess in their official
title and/or name that they are ‘Lutheran.”””