LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 2, 2022, Page 4

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which he has not been trained and certified by his district president.
5. Bylaws 2.13.2.2 (b) and 2.13.4 (c) deal with individual members with restricted or suspended
status. While technically such an individual could be called by a congregation, which is itself
perhaps unaware of the status, they cannot accept such a call until their restricted or suspended
status has been removed.
The commission now responds to the questions posed, first to Questions 1 (a) and 2, regarding potential
calls within a district; then to Questions 1(b) and 2, regarding potential calls across district lines; and,
finally, to Question 3:
Question 1 (a): When a vacant congregation of the Synod is in the process of calling a pastor and requests
information on an ordained member of the Synod in good standing, whether a member of
its own district or of another district:
(a) Does the president of the congregation’s district have the authority under the
Constitution and Bylaws of the Synod to refuse to supply the congregation with the
requested information regarding that individual ordained member of the Synod who is
a member of the district of which he is president?
Question 2:

If the answer is yes, the district president may refuse to provide information, what basis do
the Constitution and Bylaws of the Synod specify that would authorize this refusal?

Opinion (Questions 1 [a] and 2, as regard potential calls within a district): The Constitution and Bylaws of
Synod do not address the calling process in detail, nor the role of the district president in it.
The primary duty of a district president is to exercise ecclesiastical supervision over the congregations and
individual members of the district of which he is president (Const. Art. XII 6–7; XI B 1–3; see definition
of ecclesiastical supervision in Bylaw 1.2.1 [j]). An integral part of his being ecclesiastical supervisor of
the congregations requires the district president to be aware of the conditions of the congregations in his
district, to “advise the congregations of his district as to the calling of ordained and commissioned ministers,
give counsel, and respond to requests and inquiries” (Bylaw 4.4.5 [a]). An additional part of his duties is
maintaining the official rosters of his district (Bylaw 4.4.7), which includes knowing the fitness for ministry
and standing of all those ordained and commissioned ministers on the roster of his district.
A congregation, as a condition membership in Synod (Bylaw 2.5.4), may call and be served only by
ordained ministers or candidates who have been admitted to the roster of Synod (Bylaws 2.5.2). A
congregation is also required “to seek the counsel of [its own] district president when calling” (Bylaw
2.5.1). This counsel given by the district president flows from the district president’s authority and
responsibility to “exercise supervision over the doctrine, life and administration of office” of the ordained
ministers of his district and to “acquaint [himself] with the religious conditions of the congregations of [his]
district” and, thereupon, to “advise, admonish, and reprove” (Const. Art. XII 6–7; XI B 3; see further Const.
Art. II and III 1–2, 8–9). A calling member congregation of the Synod is required to seek (Bylaw 2.5.1) and
has a corresponding right to expect (Bylaw 4.4.5 [a]) its district president’s counsel on candidates under
consideration regarding their doctrine, “blamelessness of life” (Const. Art. VI 3), administration of office—
in other words, for their fitness for ministry—and in specific regard to their suitedness to the “religious
condition of the [specific] congregation.” Advice received must be of sufficient nature and scope to allow
the congregation to make an informed decision regarding whether or not it is advisable to extend a divine
call to a given eligible man. This is inherent in the fact that, regarding the call process, there is, relative to
the congregational duty to seek counsel (Bylaw 2.5.1), a corresponding duty of the district president to
advise (Bylaw 4.4.5 [a]), as just described. Bylaw 4.4.5, furthermore, says that a district president shall
“respond to requests and inquiries” (Bylaw 4.4.5[a]).
A district president may have good reason for advising a congregation not to call a candidate who is eligible
to be called but not recommended, which is integral to his role to advise and counsel. Every district president
CCM Minutes – May 2, 2022 – Page 108