LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 17, 2005, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Teleconference Meeting
March 17, 2005

40. Call to Order and Opening Prayer
Chairman Albert Marcis called the teleconference meeting to order and asked Secretary Raymond
Hartwig to open the meeting with prayer. All members of the Commission participated in the meeting.
41. Standard Operating Procedures Manuals (04-2404)
The Commission will reserve discussion of the operating procedures manuals for Bylaw sections 2.14,
2.15, 2.16, and 2.17 until its face-to-face meeting in April.
42. Supervision of Uncertified Church Workers (04-2415)
A district president in a December 2, 2004 letter to the Commission submitted a series of 15 questions
regarding the responsibility for supervision of non-rostered church workers (including an “uncertified”
pastor) employed by LCMS congregations.
Question 1:

With regard to Article XIII, under whose authority does an uncertified worker in LCMS
congregations fall? If a local congregation has an uncertified worker who acts contrary to
"the confession laid down in Article II and to the conditions of membership laid down in
Article VI," is the local pastor as a member of Synod responsible for the supervision of the
uncertified church worker in doctrine and practice? Is the congregation as a member of
Synod—and their Voters Assembly in specific—responsible for the supervision of the
uncertified church worker in doctrine and practice? Is this a shared responsibility between
the pastor and congregation (Voter's Assembly) as members of Synod?

Question 2:

If the uncertified church worker is a pastor who acts contrary to "the confession laid down
in Article II and to the conditions of membership laid down in Article VI," is the local
congregation as a member of Synod—and their Voters Assembly in specific—responsible
for his supervision in doctrine and practice?

Question 3:

If a congregation's pastor refuses to remove an uncertified church worker who acts contrary
"the confession laid down in Article II and to the conditions of membership laid down in
Article VI," is the District responsible for assuring the removal of the uncertified church
worker as it is with certified workers in the LCMS in Article XIII.3? If the pastor refuses to
"deal with him in accordance with the Word of God," is the pastor open to expulsion from
the Synod himself or does he forfeit his membership in Synod?

Question 4:

If the local congregation refuses to remove an uncertified church worker—including its
uncertified pastor—who acts contrary "the confession laid down in Article II and to the
conditions of membership laid down in Article VI," is the District responsible for assuring
the removal of the uncertified church worker as it is with regard to certified workers in the
LCMS in Article XIII.3? If the congregation refuses to "deal with him in accordance with
the Word of God," does the congregation forfeit its membership in the LCMS in
accordance with Article XIII?

Question 5:

Is there a difference with regard to "offensive conduct?" If a local congregation has an
uncertified worker who persists in "offensive conduct," is the pastor responsible for the