LCMS Convention Workbook St. Louis, Missouri — 2007, Page 336

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336 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

5. Guidelines should state the desired outcome of church disci-
pline, to call a fellow Christian to repentance.

6. Ordained and commissioned ministers include pastors and
all other church workers rostered by The Lutheran Church—Mis-
souri Synod. Commissioned ministers include teachers, directors
of Christian education, directors of Christian outreach, directors of
family life ministry, directors of parish music, deaconesses, parish
assistants, and certified lay ministers.

7. Suggested paragraph is quoted from the “Guidelines for Con-
gregations” provided in the document “The Service of Women in
Congregational and Synodical Offices” prepared by the President’s
Task Force, p. 21, in response to 2004 convention Resolution 3-
O8A.

Voting Rights of Vacancy Pastors (06-2461)

In a February 27, 2006 letter, a district president requested an
opinion from the Commission regarding the right of vacancy pas-
tors to serve as voting delegates for and otherwise officially repre-
sent the vacant congregations they are serving.

Question: Can an ordained minister, whether he is an “active mem-
ber” (Bylaw 2.11.1) or and “inactive member” (Bylaws
2.11.2-2.11.2.3), serve as a voting delegate (“represent-
ing” the vacant congregation) to the circuit forum for the
election of the circuit delegates to the convention of the
Synod or serve as a voting delegate (“representing” the
vacant congregation) to the district convention or be
elected as the circuit delegate to a convention of the
Synod?

Qpinion: The Constitution of the Synod under Article V, Member-

ship, states: “All organized congregations that have joined the

Synod hold voting membership. At the meetings of the districts of

the Synod every congregation or parish is entitled to two votes, one

of which is to be cast by the pastor and the other by the lay dele-
gate. At the meetings of the Synod a number of congregations shall
form a group which shall be represented by two voting delegates,
one a pastor and one a lay delegate.” In this same article’s designa-
tion of advisory members, the list includes “3. Ministers not in

charge of congregations” (emphases added).

Article VI, Conditions of Membership, refers to the “regular
call” of pastors. Bylaw 2.11.1 sets forth the requirements to be an
active member, including “(a) An ordained minister serving a con-
gregation of the Synod.” The following Bylaw 2.11.2 sets forth the
inactive members of the Synod as “advisory members of the
Synod.” These fall into the categories of emeritus, candidate, and
non-candidate (emphases added).

Any ordained minister who is an “active member” of the Synod
serving as vacancy (interim) pastor who does not have a “regular
call” to that congregation is ineligible to serve as a voting pastoral
delegate of that congregation to a district convention, Synod con-
vention, or circuit forum (caucus). Any ordained minister who is
an “inactive member” of the Synod and, as such, “advisory,” and
who is serving as a vacancy pastor, does not have a “regular call” to
that congregation and is ineligible to serve as a voting pastoral del-
egate of that congregation to a district convention, Synod conven-
tion, or circuit forum (caucus).

This is consistent with previous Commission opinions:

« “When the Bylaws refer to the pastor of a congregation the reference
is to the regularly called pastor whose installation had been autho-
rized by the district president” (Ag. 366 — September, 1972).

* “On the basis of many previous rulings vacancy pastors were not
permitted to serve as voting delegates to a convention” (Ag. 931;
932 - March, 1976).

¢ “A pastor’s right to vote in a circuit meeting or at a district convention
ceases when he has formally accepted a call to another parish, that
from that point on he is strictly speaking serving as a vacancy pas-
tor” (Ag. 1316 - September, 1978).

* “To be a ‘parish pastor’ in the constitutional sense, an individual must
have a call” (Ag. 1371 - July, 1979).

2006 Convention Workbook

¢ “Emeritus pastors have also been considered ineligible to vote since,
as retired persons, they are not considered to be pastors in charge of
congregations” (Ag. 1835 — May, 1988).

¢ “Emeritus status is inconsistent with being in charge of a congrega-
tion and thus inconsistent with exercising voting rights at a district or
Synod convention or circuit forum” (Ag. 2078 A — July, 1997).

¢ “The phrase ‘serving a congregation of the Synod’ pertains exclu-
sively to called positions. The words ‘regular basis’ in Bylaw 2.19 a
presume the existence of a regular call (Constitution, Art. VI 3) fora
worker to be categorized under Bylaw 2.15...” (00-2192 ~ May,
2000).

Therefore, a vacancy pastor, not having a regular call from the
vacant congregation he serves, is not eligible to be a voting repre-
sentative of that congregation.

Adopted May 1-2, 2006

‘Authority of President in the Hiring of Synod
Employees (06-2462)

In a March 4, 2006 letter to the Commission, the President of
the Synod asked three questions regarding the authority of the Pres-
ident in the hiring of Synod employees:

Question 1: May an individual, whether or not an individual mem-
ber of the Synod or a member of a congregation of the
Synod, be called to, contracted for, or employed in a
staff position of the corporate Synod or an agency of
the Synod not requiring the mutual concurrence of the
President, if such individual

* is an officer or member of a group whose theological posi-
tion is contrary to that of the Synod;

* publicly subscribes to the theological positions of such a
group; or

*has publicly taught, written, or spoken, without public re-
traction, contrary to the theological positions of the Synod?

Question 2: May an individual, whether or not an individual mem-
ber of the Synod or a member of a congregation of the

Synod, be called to, contracted for, or employed in a

staff position of the corporate Synod or an agency of

the Synod not requiring the mutual concurrence of the

President, which position requires responsibility for

upholding the Constitution, Bylaws, and/or resolutions

of the Synod, if such individual

is an officer or member of a group that publicly proclaims
opposition to or criticism of portions of the Constitution,
Bylaws, and/or resolutions of the Synod;

* publicly proclaims opposition to or criticism of any part of
the Constitution, Bylaws, and/or resolutions of the Synod;
or

«has publicly communicated, verbally or in writing, without
public retraction, opposition to or criticism of any part of
the Constitution, Bylaws, and/or resolutions of the Synod?

Question 3: What provisions under the Constitution and Bylaws of
the Synod does the President have that enable him to
provide supervision and oversight in order to “see to
it” that the “resolutions of the Synod are carried out”
by preventing the calling, contracting, or employing of
an individual fitting the description in questions | and

2 above, especially when he has concerns about

whether the individual will uphold and honor the theo-

logical positions and the Constitution, Bylaws, and res-
olutions of the Synod?

Opinion: (A) Questions | and 2 can be answered together. In order
to answer these questions, reference should be made to the appro-
priate bylaws. Bylaw 3.11.1 states: “Unless otherwise specified by
the board of directors of the respective agency, all employees shall
serve at the pleasure of the appointing authorities.” Furthermore,
Bylaw 1.4.6 states: “Each staff develops procedures, recommends
and reviews programs and ministries, manages programs, and rec-
ommends policy and program modifications. It implements deci-
sions in accordance with approved policy. (a) It is responsible to
the Synod at the national or district level in accordance with the