LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 30, 2005, Page 4

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Opinion: The answer to this question is “no.” Bylaw 1.10.2 defines the parties to which it applies as “(1)
members of the Synod, (2) the Synod itself, (3) a district or an organization owned and controlled by the
Synod, (4) persons involved in excommunication, or (5) lay members of congregations of the Synod
holding positions with the Synod itself or with districts or other organizations owned and controlled by
the Synod.” The current bylaw derives from the prior dispute resolution process, previously found in
Chapter VIII of the 2001 Handbook and Bylaw 1.10.2 specifically from former Bylaw 8.01. Only when
both participants in a dispute are members of one of the identified classes does the bylaw apply.
Question 2:

Does the language of Bylaw 1.10.2 require that both parties to a dispute be individuals
defined in (1) through (5)?

Opinion: The answer to this question is “yes” for the reasons set forth above.
Question 3:

Are laypersons that have been elected by a district convention to serve on the nominating
committee required by Bylaw 4.7.2 “holding positions with the Synod itself or with
districts” under the terms of Synod Bylaw 1.10.2 (5)?

Opinion: The answer to this question is “yes.” To the extent that the issue in dispute relates to the
layperson’s role as an elected representative of the district, the person is within the list of parties
identified in the fifth category, “(5) lay members of congregations of the Synod holding positions with the
Synod itself or with districts or other organizations owned and controlled by the Synod.”
67. Call of Non-Rostered Commissioned Ministers (05-2428)
In a June 20, 2005 letter, a district president asked questions regarding the extending of calls to nonrostered teachers, questions raised by a particular situation in a congregation of his district. He explained
that the teachers in question have been trained and certified by the Synod but have chosen not to be
rostered. He added that the involved congregation understands that these teachers would have no
protection under the Constitution of the Synod and are employees for whom the congregation must
assume its share of the cost of Social Security and Medicare.
Question 1:

May a member congregation of the Synod under its right of self-government (Constitution
VII 1 and Bylaw 1.10.9) extend a call to a teacher in its school who is not on the roster of
the Synod?

Opinion: The term “call” has a variety of usages in the Synod. Even volunteer workers (e.g., Sunday
school teachers) and paid staff (e.g., organists) are at times referred to by congregations as “called.” In its
1981 convention Res. 6-14 the Synod defined its own usage of the term “call,” referring to it as a “solemn
call” and adopting the following definition for its use in its placement procedures for teacher candidates:
A solemn call is an official request, offer, or agreement extended by a calling body in
the name of the triune God to a person eligible to receive such a call into an educational
ministry of the LCMS. Offers extended to such eligible persons but erroneously referred
to as “appointments” or “contracts” are also to be considered calls. A call may be for a
limited period of time (nontenured) or unlimited (tenured). A solemn call is also referred
to as a divine call. Official synodical call documents are available from most district
offices and Concordia Publishing House. Do not use locally designed documents. Calls
may be changed or terminated for valid reasons.

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