LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 1−2, 2006, Page 3

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“To be a ‘parish pastor’ in the constitutional sense, an individual must have a call” (Ag. 1371 –
July, 1979).

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“Emeritus pastors have also been considered ineligible to vote since, as retired persons, they are
not considered to be pastors in charge of congregations” (Ag. 1835 – May, 1988).

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“Emeritus status is inconsistent with being in charge of a congregation and thus inconsistent
with exercising voting rights at a district or Synod convention or circuit forum” (Ag. 2078 A –
July, 1997).

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“The phrase ‘serving a congregation of the Synod’ pertains exclusively to called positions. The
words ‘regular basis’ in Bylaw 2.19 a presume the existence of a regular call (Constitution, Art.
VI 3) for a worker to be categorized under Bylaw 2.15…” (00-2192 – May, 2000).

Therefore, a vacancy pastor, not having a regular call from the vacant congregation he serves, is not
eligible to be a voting representative of that congregation.
141. Authority of President in the Hiring of Synod Employees (06-2462)
In a March 4, 2006 letter to the Commission, the President of the Synod asked three questions regarding
the authority of the President in the hiring of Synod employees:
Question 1: May an individual, whether or not an individual member of the Synod or a member of a
congregation of the Synod, be called to, contracted for, or employed in a staff position of the
corporate Synod or an agency of the Synod not requiring the mutual concurrence of the
President, if such individual
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is an officer or member of a group whose theological position is contrary to that of
the Synod;

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publicly subscribes to the theological positions of such a group; or

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has publicly taught, written, or spoken, without public retraction, contrary to the
theological positions of the Synod?

Question 2: May an individual, whether or not an individual member of the Synod or a member of a
congregation of the Synod, be called to, contracted for, or employed in a staff position of the
corporate Synod or an agency of the Synod not requiring the mutual concurrence of the
President, which position requires responsibility for upholding the Constitution, Bylaws,
and/or resolutions of the Synod, if such individual
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is an officer or member of a group that publicly proclaims opposition to or criticism
of portions of the Constitution, Bylaws, and/or resolutions of the Synod;

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publicly proclaims opposition to or criticism of any part of the Constitution, Bylaws,
and/or resolutions of the Synod; or

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has publicly communicated, verbally or in writing, without public retraction,
opposition to or criticism of any part of the Constitution, Bylaws, and/or resolutions
of the Synod?

Question 3: What provisions under the Constitution and Bylaws of the Synod does the President have that
enable him to provide supervision and oversight in order to “see to it” that the “resolutions of
the Synod are carried out” by preventing the calling, contracting, or employing of an
individual fitting the description in questions 1 and 2 above, especially when he has concerns
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