LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 20−24, 2004, Page 6

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266. Request for Approval to Changes to LCMS Foundation Bylaws re: Length of Terms of Office
(04-2386)
After discussion and review, the Commission approved changes requested by the LCMS Foundation that
the terms of office of the Chairman, Vice Chairman, and Secretary of the Board of Trustees shall each be
elected to a “two year term. The Chairman will be elected in odd numbered years and the Vice Chairman
and Secretary in even numbered years and the...” (Article II, Section 6), and shall be “elected to a two
year term” (Article III, Section 1).
267. Question Regarding the Relationship of the Circuit Counselor to Member Congregations (042387)
In an e-mail sent April 30, 2004, an ordained member of the Synod submitted a question regarding the
Circuit Counselor’s relation to member congregations.
Question:

Since the Bylaw [5.13 j] envisions only visits with “congregation[s],” is it appropriate for the
Circuit Counselor to meet with a dissident faction within a congregation to receive
accusations against other members or the pastor of the congregation, and does meeting with a
dissident faction within a congregation constitute such “extraordinary circumstances” that it
is permissible for a Circuit Counselor to schedule such a meeting without prior consultation
with the president or other officers of the congregation (much less the pastor), much less
without ‘inviting’ them to be present to answer accusations against them?

Opinion: One of the functions of a District President is to inquire into the prevailing spiritual conditions
of the congregations of his District and he may call upon the Circuit Counselor to assist him (Bylaw
4.73). Bylaw 4.75 states that a District President, even without a formal request therefor, may through the
proper channels arrange for an (a) official visit or (b) investigation when a controversy arises in a
congregation or when there is evidence of a continuing unresolved problem in doctrine or practice in
order that the District President “may have a clear understanding of the situation.” The same bylaw
further recognizes that a District President may authorize another person (such as the Circuit Counselor)
to represent him in the matter. The Bylaws do not define the term "proper channels" and thus the
procedure to be used in the investigation is chosen by the District President or his representative and does
not necessarily require the initial contact or meeting to be with any particular person or group. In such an
investigation, any meeting is to carry out the purposes as set forth in these Bylaws.
Your attention is also directed to the provisions of Article XII 7 of the Constitution, which provides:
7. The District Presidents shall, moreover, especially exercise supervision over the
doctrine, life, and administration of office of the ordained and commissioned ministers of
their District and acquaint themselves with the religious conditions of the congregations
of their District. To this end they shall visit and, according as they deem it necessary,
hold investigations in the congregations. Their assistants in this work are the Circuit
Counselors, who therefore shall regularly make their reports to the District President.
268. Request for Approval of Amendment to LCEF Bylaws (04-2388)
After discussion and review the Commission approved an amendment to revise the language of Article II,
Section 1 to remove the phrase “and no more than four” so that the sentence now reads: “The Board of
Directors of the LCEF shall be composed of twelve individuals, at least two of whom shall be on The
Lutheran Church—Missouri Synod’s official roster of pastors and called teachers.”

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