LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 16–17, 2013, Page 3

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(b) He may call upon circuit counselors to assist him.

Bylaw 2.12.1 clarifies the responsibility:
2.12.1

Except as otherwise provided in this section, a member shall be under the ecclesiastical supervision of
the president of the district through which membership in the Synod is held.

The relationship between the Synod President and the district presidents is addressed in CCM Opinion
Ag. 1970 (October 16, 1993) “Relation of Synodical President to Individuals or Congregations,” which
states:
While the President of the Synod is not called upon to advise and counsel individuals and congregations or to
supervise them, he is authorized to supervise the district presidents in carrying out their responsibilities. If they
do not do so and if admonition is not effective, he may report this matter to the Synod and may even be
authorized by special action of the Synod to remove those who fail to heed his admonition.
[Note: Opinion Ag. 1970 was given in 1993. Since 2004, the provisions for the removal of a district president
and the Synod President are Bylaw sections 2.15 and 2.16 respectively. Ag. 1970 will be posted on the
commission’s Web site in its entirety.]

It must be noted that “[t]he officers of the Synod must assume only such rights as have been expressly
conferred upon them by the Synod, and in everything pertaining to their rights and the performance of
their duties, they are responsible to the Synod” (Constitution Art. XI B1).
Question 2: Article III 9 of the Synod’s Constitution identifies one objective of the Synod to be to
“provide protection for congregations, pastors, teachers, and other church workers in the
performance of their official duties and the maintenance of their rights.” In fulfilling this
objective, the Synod has established a system of ecclesiastical supervision. Is a congregation
or individual member of the Synod subject to the ecclesiastical supervision of his/her/its
district president, or to the ecclesiastical supervision of the President of the Synod?
Opinion: In their relationship to the Synod and in the fulfillment of the Objectives of the Synod
(Constitution Art. III), the ecclesiastical supervision of congregations and individual members of the
Synod is conducted through the district president alone. See the answer to Question 1.
Question 3: Is the “supervision” described in Article XI B 1 the same as “ecclesiastical supervision”?
Opinion: Yes. While “supervision” is used in other senses in the Bylaws, in Constitution Art. XI B1 as
well as in Art. XI B 1-4 and Bylaws 3.3.1.1–3.3.1.1.1 and 3.3.1.3, “supervision” is the same as
“ecclesiastical supervision.” In other words, “supervision” in this article and in these bylaws is to be
interpreted as “ecclesiastical supervision.” It must be noted that any bylaw such as Bylaw 1.2.1 (u) does
not change the interpretation of the Constitution and must be “consistent with and [must] not contradict
the Constitution of the Synod which controls and supersedes such bylaws …” (Art. XIV). The
Constitution or the meaning of its terms cannot be amended by redefining those terms in the bylaws.
“Supervision” as defined in Bylaw 1.2.1 (u), “For the purpose of these Bylaws (other than those
pertaining to ecclesiastical supervision [emphasis added]), to have authority over, to direct actions, to
control activities,” (2010 Handbook) does not apply. This definition of “supervision” had its origin in
1998. Note the original definition of “supervision” in the 1998 and 2001 Handbooks: “For the purpose of
these Bylaws, other than those pertaining to ecclesiastical supervision, to have authority over, to direct
actions, to control activities. The definition of ecclesiastical supervision shall be determined exclusively
by those Bylaws pertaining to ecclesiastical supervision.” [Emphases added]

CCM Minutes – May 2013 – Page 359