LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 1−2, 2006, Page 2

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139. Minnesota South District Articles of Incorporation (06-2460)
With a February 14, 2006 letter, the president of the Minnesota South District forwarded a proposed
amendment to his district’s Articles of Incorporation for review by the Commission. The Secretary was
asked to communicate the results of the Commission’s review to the district via letter (copy of letter
attached to the protocol copy of these minutes).
140. 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 pastors to serve as voting delegates for and otherwise officially represent the vacant
congregations they are serving.
Question:

Can an ordained minister, whether he is an “active member” (Bylaw 2.11.1) or and “inactive
member” (Bylaws 2.11.2–2.11.2.3), serve as a voting delegate (“representing” 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?

Opinion: The Constitution of the Synod under Article V, Membership, 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 delegate. 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 designation 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 congregation 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 convention, 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 delegate of that congregation to a district convention, Synod convention, 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 authorized 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 pastor” (Ag. 1316 – September, 1978).
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