LCMS Convention Workbook St. Louis, Missouri — 2007, Page 333

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 333

Congregations that have women’s suffrage and wish to permit women
to hold offices should include the following paragraph in their constitu-
tions in keeping with the position of The Lutheran Church—Missouri
Synod’, The age given in the paragraph should reflect state law require-
ments. The list provided at the end of the paragraph should identify
those positions or offices that call for their holders to carry out the spe-
cific functions of the pastoral office.

Example:

Women who have reached the age of ___ may serve as offi-
cers and as members of boards and committees of this congregation
which do not call upon them to carry out the specific functions of
the pastoral office (preaching in or serving as the leader of the pub-
lic worship service, the public administration of the sacraments, the
public exercise of church discipline). Accordingly, a woman shall
not serve as pastor of this congregation or as

11.0 DIVISION

It is an unhappy fact of life that disagreements occur in Christian
congregations, and that at times the end result is not reconciliation but a
parting of the ways. It is best to set down the principles far in advance
that will govern such a situation if it should occur. Congregations
should consult with local and state laws when making decision regard-
ing disposal of properties. While the following example suggests rever-
sion of properties to the district, the congregation is at liberty to deter-
mine the recipients of its properties.

Example:

If at any time a division of the congregation should take place
for any reason, the following principles will govern.

11.1 The property of the congregation and all benefits connected
therewith shall remain with those communicant members
who continue to adhere in confession and practice to the
confessional standards set forth in this constitution.

11.2 In the event that the congregation dissolves, all property
shall be disposed of by the final voters assembly for the
payment of debts and all just claims against the congrega-
tion, and any and all surplus and all rights connected there-
with shall be conveyed to and become the property of the

District of The Lutheran Church—Missouri
Synod.

12.0 AMENDMENTS

Constitutions should provide a method for their own amendment. A
device called an “unalterable article” has been used in the past, but
legally there are no unalterable articles. There can be, however, articles
in congregations’ constitutions that are more difficult to amend. Congre-
gations may therefore wish to provide for two separate procedures for
amending.

Example:
This constitution may be amended in the following manner.

12.1 Amendments to the provisions of this constitution not iden-
tified in the following paragraph shall be submitted in writ-
ing at a meeting of the voters assembly and announced to
the congregation by public posting and/or mail to all com-
municant members prior to the meeting at which the pro-
posed amendment will be acted upon. A two-thirds affir-
mative vote of the voters present shall be required for
adoption.

12.2 Amendments to Articles shall not destroy
their essential meaning. Amendments shall be submitted in
writing at a meeting of the voters assembly and made pub-
lic to the congregation by public posting and/or by mail to
all communicant members. Notice of the discussion of
such amendments shall be given prior to two regular voters
assemblies when the proposed action will be discussed.
Notice that action will be taken on proposed amendments
shall be provided to all voting members prior to the meet-
ing when a vote will be taken. The date of approval shall be
referenced in any amendment adopted.

12.3 The revised constitution shall, as a condition of continued
membership in The Lutheran Church—Missouri Synod, be
submitted to the president of the district for review by the
district’s constitution committee and favorable action by
the district’s board of directors before being implemented
by the congregation.

IV. GUIDELINES FOR BYLAWS

The following are subjects that ordinarily can be addressed in a con-
gregation’s bylaws. Instructive comments are provided together with
sample paragraphs.

13.0 PROCEDURES FOR CALLING MINISTERS OF RELI-

GION

Congregations should be specific in setting forth in their bylaws the
procedures to be followed when calling ordained and commissioned
ministers.

Example:

When this congregation calls a minister of religion, ordained or
commissioned, the following procedure shall be followed:

13.1 When a pastor or commissioned minister is to be called,
every member of the congregation shall be provided op-
portunity to suggest one or more names for consideration.

13.2 A call committee shall be appointed [or an existing board
or committee designated] to serve as a screening committee
and shall submit all suggested names to the district presi-
dent for information and evaluation. The committee shall
then present to the congregation by public announcement
its proposed list of candidates and their biographical
sketches.

13.3 At a voters meeting called for the purpose of calling a new
pastor or commissioned minister, the proposed list may be
amended by a two-thirds vote of the assembly. When pos-
sible, information regarding additional candidates shall be
provided by the district president and/or his representative
at the meeting.

13.4 Ballot voting shall continue until a majority [or two-thirds]
vote determines the disposition of the call.

14.0 CHURCH COUNCIL OR BOARD OF DIRECTORS

Even though it is not absolutely necessary for congregations to have
a church council or board of directors, as the case may be, experience
has shown this to be beneficial. The makeup and responsibilities of this
leadership group are decided by each congregation. Two examples are
provided.

Example:
The church council shall provide direction to the congregation
on behalf of the voters assembly.

14.1 The church council shall consist of the congregation’s pres-
ident, vice-president, secretary, treasurer, financial secre-
tary, and the chairmen of its boards. [The pastor may be an
advisory or voting member.] The chairman and secretary
of the congregation shall also serve as the chairman and
secretary of the church council.

14.2 The church council shall meet a minimum of four times a
year. Special meetings may be called by the chairman, the
pastor, or any three members of the council by providing
notice at least 24 hours prior to the meeting. A majority of
the voting members of the council shall constitute a quo-
tum.

14.3 The principal duty of the church council shall be to coordi-
nate the program and activities of the various departments
of the congregation. It shall also have the power to act on
behalf of the congregation between meetings of the voters
assembly within limitations established by the voters as-
sembly, which actions shall be reported to the next meeting
of the voters assembly.

Example:

The officers of the congregation along with three other elected
at-large members and the administrative pastor (who shall be a non-
voting member) shall comprise the board of directors, which shail
provide direction to the congregation on behalf of the voters assem-
bly.

14.1 The board of directors shall have the authority to develop
and implement policies, procedures, and ministries as nec-
essary to execute the vision and plans approved by the vot-
ers assembly. Written policies and procedures shall be
made available to voting members upon request. The board
of directors shall have no authority beyond that which has
been conferred upon it by the constitution, its bylaws, or
the voters assembly, and authority delegated to the board
of directors may at any time be altered or revoked by the

2007 Convention Workbook