LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 18, 2008, Page 3

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Opinion: Bylaws 2.13.2.2 (b) and 2.13.4.2 (c) associate the term “position of service” with a call by
speaking of eligibility to “accept a call.” In addition, Bylaw 2.11.1, which governs the “active” roster of
church workers of our Synod, uses “serving” and “call” terminology interchangeably, indicating that
“active” members of the Synod, including ordained ministers “serving a congregation of the Synod”
(paragraph [a]), must also be “regularly performing duties” of service, thereby assuming the existence of
a regular call. Further, only ordained ministers “who have been duly called to a position of full-time
service shall be installed upon authorization by the appropriate district president” (Bylaw 4.4.3 [e]) and
rostered accordingly (Bylaw 4.4.7). Therefore, yes, “position of service” in Bylaw 2.13.2.2 (a) references
a regularly called full-time position filled by a member on the “active” roster of the Synod.
Question 2:

Does “position of service” also reference a congregation’s pastoral vacancy being filled by
a member on the “inactive” roster of the Synod—emeritus, candidate, or non-candidate?

No, a pastoral vacancy is not a “position of service” referenced in Bylaw 2.13.2.2 (a). If a pastor filling a
pastoral vacancy does not qualify for “active” membership under Bylaw 2.11.1 due to the lack of a
regular call to regularly perform the duties of one of the bylaw’s listed categories, he may make
application to be placed on one of the “inactive” rosters of the Synod (Bylaws 2.11.2ff). While the service
that a pastor provides during a pastoral vacancy is valuable service, it is not a “position of service” that
qualifies a pastor for “active” roster status.
Question 3:

Can a pastor on candidate status serving a vacancy, if he is placed on restricted status by his
district president, not be granted approval for such service and thus not be eligible to
continue as vacancy pastor?

Opinion: Because a pastor on candidate status who serves a vacancy does not thereby hold one of the
positions of service listed under Bylaw 2.11.1, such vacancy service, should he be placed on restricted
status by his district president, is not to be included under the general exception granted for “position[s] of
service” by Bylaw 2.13.2.2 (a). His district president may approve his continued performance of such
“functions of ministry,” but without such approval he is ineligible to continue to serve as a vacancy
pastor.
54. Review of Standard Operating Procedures Manual for Bylaw Section 1.10
The commission briefly discussed a draft of a revision of Bylaw section 1.10 Standard Operating
Procedures Manual to incorporate 2007 convention changes and to address issues that have surfaced.
Commission members were asked to forward further suggestions for changes to Secretary Raymond
Hartwig, who will take the proposed revisions to the Council of Presidents for the required consultation
(Bylaw 1.10.18.1 [j]) prior to final consideration by the commission.
55. Adjournment
All intended business of the meeting having been addressed, the meeting was adjourned with words of
benediction.

Raymond L. Hartwig, Secretary

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