LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 5–6, 2017, Page 6

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Opinion: A member of the Synod may have membership in only one district at any given time (Ag. 1511,
Sept. 11–12, 1981). For active members, a change in district membership is generally occasioned when a
call in one district is concluded and one in a new district is taken up (Bylaws 2.12.1.2, 3, and 6). (Only
certain active members can transfer voluntarily between districts, as provided in Bylaws 2.12.1.4 and 5).
The normal expectation of Bylaw 2.12.1.3 is that a member called by a district will hold membership in
that district—the situation now pertaining to the member in question. If that call were to be relinquished in
the taking up of a call to a congregation in another district, Bylaw section 2.12 would provide a clear
rationale for a change of district membership. In this case, however, the first call to District A is not being
relinquished; a call to a congregation in District B is being added to the first. That being the case, Bylaw
section 2.12 as a whole does not provide a clear rationale for a change of district membership; Bylaws
2.12.1.2 and 2.12.1.3 conflict, and no indication of precedence is given. The commission therefore can give
no guidance on this issue until clearer bylaws have been implemented to provide such guidance. Neither
does Bylaw 4.4.7 seem to account for the situation at hand. 1
Given that ecclesiastical supervision of the congregation clearly remains with District B, while the district
membership of the missionary-pastor may remain with District A (given that Bylaw section 2.12, taken as
a whole, provides no clear rationale for a change in district membership), there is also a degree of unclarity
as to who has the ecclesiastical supervision of the member. Bylaw 2.12.1 implies that ecclesiastical
supervision of a member shall be normally be exercised by only one district president (Const. Art. XII 7).
However, circumstances have arisen which raise questions about this assumption, especially where a called
worker may serve across more than one, and even, many districts. The matter of ecclesiastical supervision
of called workers whose duties cross district lines is also referred to the attention by the Commission on
Handbook. Until a clarification should be made in the bylaws, the district presidents are expected to
formulate a formal (written) understanding of ecclesiastical supervision of such a member (Ag. 1959,
above). It seems a reasonable principle that each district president has ecclesiastical supervision over what
goes on within his district (Const. Art. XII 7, Bylaw 4.4.5). Should such a designation be necessary, it
should be by the agreement of the involved district presidents, under the supervision of the President of the
Synod.
Question 4: If a called worker has two or more calls simultaneously, may one be designated as primary
(i.e., determinative of district membership, supervision, etc.)?
Opinion: The Constitution and Bylaws never speak of a primary or secondary call and make no provision
for assigning one as primary or others as secondary.
1

CCM Ag. 1511 (Sept. 11–12, 1981) held as follows:
249. Membership in Two Districts (Ag. 1511): The Secretary had written to Rev. Arthur Geidel of
Palisades Park, New Jersey, with carbon copies to Presidents George Bornemann and Walter Zeile,
that a pastor accepting a call to one District becomes a member of that District and cannot hold
membership in another District in which he functions also as an institutional missionary. The
Commission ratified that reply.
This ruling preceded the 1986 development of Bylaw 2.41, subparagraphs [a] and [b] of which are the equivalent of
2016 Bylaws 2.12.1.2 and 2.12.1.3. Instead of these, 1981 Bylaw 5.33 (similar to 2016 Bylaw 4.4.7) alone applied:
A pastor or a teacher accepting a call to a member or nonmember congregation in a sister District,
or to an institution served by such District, shall immediately report such decision to his District
President and ask for a transfer of membership. The District President shall forward such transfer to
the President of the sister District. Upon receipt of the transfer and of a request for installation from
the pastor or teacher, the District President of the sister District shall install or authorize installation
of such pastor or teacher.
That the membership of a minister whose calls cross district lines should wind up in that district in which he was most
recently called might be the conclusion from Bylaw 4.4.7 alone. Because, however, such a conclusion does not resolve
the conflict inherent between, in this case, Bylaws 2.12.1.2 and 2.12.1.3 it can hardly be definitively recommended.
CCM Minutes – May 5–6, 2017 – Page 33