LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 7–8, 2006, Page 5

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any manner affect the Constitution and Bylaws, to determine their agreement in content and language
with the Constitution and Bylaws of the Synod.”
The question posed by the district resolution as presented goes beyond the authority of the Commission
on Constitutional Matters as defined in the bylaws cited above. The question does not involve either the
interpretation of Synod bylaws or examination of reports or overtures to the Synod relating to their
content or agreement with the Constitution and Bylaws. Whether the dispute resolution process violates
portions of the Large Catechism would appear to be an appropriate topic for review by the Commission
on Theology and Church Relations. Whether the dispute resolution process should be revised would
appear to be an appropriate topic for the Commission on Structure.
160. Use of Dispute Resolution Process When Expressing Dissent (06-2482)
In an August 24, 2006 e-mailed letter, a pastor of the Synod, after quoting Synod Bylaw 1.10.1.1,
submitted a series of questions regarding the availability and use of the Synod’s dispute resolution
process by members of the Board of Directors of the Synod when dissenting to a resolution of the Synod.
After brief discussion, a member of the Commission was asked to provide a draft response for
consideration by the Commission at its next meeting.
161. Questions Regarding Circuit Forum Delegate Election Process (06-2483)
In a memorandum dated September 8, 2006, the Secretary of the Synod requested a response from the
Commission to questions that repeatedly surface regarding the conduct of circuit forums to elect delegates
to a Synod convention.
Question 1:

Who may represent a congregation at a circuit forum? May a non-rostered “lay minister” or
a “licensed deacon” serve as a congregation’s lay or pastoral delegate to a circuit forum or
an elected delegate to the Synod convention? May a retired ordained or commissioned
minister resign from the roster of the Synod in order to serve as a lay delegate and then
reapply for roster membership after the convention?

Opinion: Circuit forums are to consist of “a pastor of each congregation and one member of each
congregation designated from each congregation” (Bylaw 5.3.2). They shall have been “selected in a
manner prescribed by the congregation” (Bylaw 3.1.2.1 [c]). Congregations with more than one called
pastor must decide which of their pastors will represent them. Pastors serving congregations on other than
a called basis may not represent the congregation as its “pastor” (see also CCM Opinion 06-2461). By
providing that congregations may select their representatives to a circuit forum in the manner prescribed
by the congregation, the Synod does not impose any restrictions for lay representatives of congregations.
All persons not rostered by the Synod as ordained or commissioned ministers are regarded as lay persons
and may represent their congregation as such at circuit forums. They may also be elected to serve as lay
delegates to conventions of the Synod. This includes lay ministers and licensed deacons insofar as they
are not rostered by the Synod. Also, although they may conduct Word and Sacrament ministries, lay
ministers and licensed deacons may not be considered for delegate positions requiring a pastor because
they are not rostered as such.
Rostered emeritus pastors and other rostered church workers may not be regarded as lay persons. While it
may technically be possible for an emeritus church worker to resign from the roster of the Synod in order
to serve as a lay representative or delegate with the intention of returning to the roster afterwards, this is
not advisable (application for reinstatement requires a 75% favorable vote of the Council of Presidents)
nor does it ring true to a spirit of honest representation at conventions of the Synod.
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