LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 2, 2002, Page 5

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designated by the congregation.” These delegates are the only persons involved in the election of a Circuit
Counselor. Advisory ordained and/or emeriti ordained ministers are not to be included.
Question 6:

“The election of synodical convention advisory delegates for commissioned ministers and
for ordained ministers takes place at our District convention. In that election, do emeriti
commissioned and ordained ministers have a vote in electing the advisory commissioned
and ordained delegates to the Synod’s convention?

Opinion: Emeriti ordained and commissioned ministers are inactive members of the Synod (Bylaw 2.17
a) and therefore are included among the advisory members of the Synod (Bylaw 2.17; Art. V B 3). They
therefore have a vote in electing the advisory commissioned and ordained ministers to conventions of the
Synod according to Bylaw 3.09.
Note to the District Bylaw Committee: In addressing the above questions, the Commission had occasion
to review the 2000 Handbook of the District and makes the following observations, encouraging the
District Bylaw Committee to further review its handbook, giving particular attention to the following:
•

The current District Bylaws (e.g., 1.02; 1.08) refer to “pastors and teachers” when defining the
members of the Synod. The Bylaws of the Synod, by using the terminology “ministers of
religion—ordained” and “ministers of religion—commissioned,” more clearly includes other
kinds of commissioned ministers in membership.

•

Consideration should be given to changing the reference in Bylaw 1.10 from “duties of members”
to the “continued eligibility” terminology used in synodical Bylaws 2.15 and 2.17.

•

District Bylaw 2.36 a should be updated to include the entire list of advisory members provided
in Article V B of the Synod’s Constitution and related bylaws.

•

The District’s Bylaws often do not distinguish between references to District bylaws and bylaws
of the Synod (e.g., references in Bylaw 2.64 a and b).

•

References to the Synod’s Bylaws have not been corrected to reflect recent changes (as in District
Bylaw 3.26 a 1).

66. Dispute Resolution Process Panel Selection (02-2300)
A party to a dispute, in a letter dated August 26, 2002, addressed a series of questions to the Commission
regarding the panel selection process used by the Office of the Secretary of the Synod in the
administration of the Synod’s dispute resolution process. The questions were submitted “with the
understanding that since most of these questions deal with the role of the Secretary of the LCMS in his
capacity as administrator of the dispute resolution process, the Secretary will be excluded appropriately in
the discussions and decisions of the Commission on Constitutional Matters on a question by question
basis by the Commission.” The Secretary of the Synod did not take part in the deliberations regarding this
matter or the opinions set forth.
Question 1:

“If a party to a dispute has requested to be present or represented in person at the time of
the draw made by the Office of the Secretary of the LCMS in its capacity as Administrator
of the Dispute Resolution process to determine those eligible to act as reconcilers in a case
at the national level, must that request be honored by the Secretary of the LCMS?”

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