LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 11–13, 2011, Page 27

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Bylaw 7.2: The mention of approval by the Commission on Constitutional Matters should
include at the end of item (4) the phrase “in advance of the convention.” If floor amendments to
the Bylaws are to be allowed and subsequently are adopted by the convention, additional wording
in this paragraph should make clear that such amendments go into effect only after approval by
the Commission on Constitutional Matters.

81. Authority of a District President (11-2616)
In a letter dated September 17, 2011, a pastor member of the Synod submitted a series of questions for
response by the commission. Additional supplemental information was received on September 27.
[NOTE: In carrying out its duties, the commission is required by Bylaw 3.9.2.2 (b) to notify an officer or agency of the Synod,
including the district president involved in this matter, if a request for an opinion involves an activity of that officer or agency,
and to allow that officer or agency the opportunity to submit in writing information regarding the matter(s) at issue. While the
commission is not a finder of facts and must rely on the information provided to it in questions submitted, the additional
background information contemplated by Bylaw 3.9.2.2 (b) can often assist in understanding and responding to the questions
presented.]

Question 1:

In light of Article VII of the LCMS Constitution and 4.4.6 of the LCMS Bylaws and the
Synod's recent action declaring that the LCMS Constitution takes precedence over LCMS
Bylaws, under what circumstances, if any, may a District President write a letter on District
letterhead, using a congregation's membership directory in his possession to mail said letter
directly to the individual members of the congregation for the purpose of calling a Voters
Assembly?

Opinion: The duties, responsibilities, and authority of a district president do not include the unilateral
authority to call a business meeting of a congregation’s voters’ assembly. He does, however, have
authority to assist a congregation as it may request, and the duty, responsibility, and authority to inquire
as to the prevailing spiritual conditions of a congregation, as directed in Bylaw 4.4.5, 5 and may arrange
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See, for example, Opinion 04-2387:
Question Regarding the Relationship of the Circuit Counselor to Member Congregations (04-2387)
In an e-mail sent April 30, 2004, an ordained member of the Synod submitted a question regarding the Circuit Counselor’s
relation to member congregations.
Question: Since the Bylaw [5.13 j] [2010 Bylaw 5.2.3.1(c)] envisions only visits with “congregation[s],” is it appropriate
for the Circuit Counselor to meet with a dissident faction within a congregation to receive accusations against
other members or the pastor of the congregation, and does meeting with a dissident faction within a congregation
constitute such “extraordinary circumstances” that it is permissible for a Circuit Counselor to schedule such a
meeting without prior consultation with the president or other officers of the congregation (much less the pastor),
much less without ‘inviting’ them to be present to answer accusations against them?
Opinion: One of the functions of a District President is to inquire into the prevailing spiritual conditions of the
congregations of his District and he may call upon the Circuit Counselor to assist him (Bylaw 4.73) [2010 Bylaw 4.4.5(b)].
Bylaw 4.75 [2010 Bylaw 4.4.6] states that a District President, even without a formal request therefor, may through the
proper channels arrange for an (a) official visit or (b) investigation when a controversy arises in a congregation or when
there is evidence of a continuing unresolved problem in doctrine or practice in order that the District President “may have a
clear understanding of the situation.” The same bylaw further recognizes that a District President may authorize another
person (such as the Circuit Counselor) to represent him in the matter. The Bylaws do not define the term "proper channels"
and thus the procedure to be used in the investigation is chosen by the District President or his representative and does not
necessarily require the initial contact or meeting to be with any particular person or group. In such an investigation, any
meeting is to carry out the purposes as set forth in these Bylaws.

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