LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 2, 2022, Page 7

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

member of another district, the district president of that district is also required to provide such information
to the district president of the congregation which requested the information, who will in turn convey it to
the requesting congregation. The guidance for the rare situation where discretion is advised, mentioned
above, would apply here also.
Question 3:

What limitations, if any, do the Constitution and Bylaws of the Synod place on a member
congregation of the Synod wishing to call an ordained minister currently on the roster of
the Synod?

Opinion: Other than for the restrictions on where specific ministry pastors can serve, the only absolute
restriction on congregations if they want to retain their membership in the Synod (cf. Bylaw 2.5.4; Const.
Art. XIII) is Bylaw 2.5.2, that they call and be served only by ordained ministers on the roster of the Synod.
In addition, Bylaw 2.5.1 indicates that the congregation is required to seek the counsel of the appropriate
district president when calling ordained or commissioned ministers. This is no perfunctory matter and
expects and requires that the congregation and district president will have a robust conversation not only
about the candidates about whom information has been requested but also the religious condition of the
calling congregation. For a congregation to refuse to do so would be a violation of this bylaw. While it
might be unwise to do so, a congregation is not obligated to follow the counsel received, and may call any
ordained minister on the roster of the Synod, except for SMP pastors not certified as having the proper
scope of preparation. Were a congregation to call a pastor on restricted or suspended status, that pastor
would not be able to accept such a call until restricted or suspended status had been removed. Again, the
commission’s Op. 2069 (March 7, 1997) states that since the Synod is only advisory to the congregation
with respect to self-government, a congregation may call any individual who is in good standing on the
roster of the Synod.
145. Florida-Georgia District Articles of Incorporation and Bylaw Proposal (22-2993)
The Secretary of the Florida-Georgia (FG) District, by an email of April 3, forwarded his district’s bylaw
proposal for the commission’s review, consisting of a single change in FG Bylaw D2.05, extending the
period for assumption of duties by newly elected officers to assume duties from 30 days to 90 days
following the district convention. As is its custom, the commission reviewed the district’s articles and
bylaws as a whole, especially noting the effect of changes made to the Constitution and Bylaws of the
Synod by its 2019 convention. The commission noted the following.
Regarding the FG District Articles of Incorporation:
•

•
•
•
•

•

FG Article V 2 should now read (Bylaw 4.3.1): “…when appropriate residents members of member
congregations of appropriate regions during the course of their tenure.” Similarly, FG Article V 4
should now read (Bylaw 4.3.1): “…shall cease to be a member of a member congregation of the
District, or, in the case of regional positions, shall cease to reside within of a member congregation
of the region he or she represents, he or she shall forthwith cease…”
FG Article V 2 a (i): The district president, uniquely among the officers of the district, is elected
from the roster of the Synod, not that of the district.
FG Article V 2 a (iii): The commission presumes this should read “of the Synod. District.” (Bylaws
4.3.1, 3)
FG Article V 2 b (i): This should indicate that the vice-presidents are to be elected from the roster
of the district (Bylaws 4.3.1, 3).
FG Article V 3 and FG Bylaw D2.04 indicate that the FG Bylaws will indicate a time for
assumption of office by district officers (and presumably members of the board). A date definite,
however, is not indicated by the FG Bylaws either as written or as to be amended (see remarks
below on FG Bylaw D2.05).
FG Article VI: The district should also include as an added first sentence in this Article the content
of Bylaw 4.1.1.2: “The Constitution of The Lutheran Church—Missouri Synod is the Constitution
of the District and the Bylaws of the Synod are primarily the bylaws of the District.” The existing
CCM Minutes – May 2, 2022 – Page 111