LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 14, 1989, Page 1

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8. Handbook Revisions : Because of lack of available time, the Commission requested the Secretary to
have revisions prepared in galley form for sharing with the Commission. These will be reviewed and
approved at a later time.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - Telephone Conference - December 14, 1989
9. Opening and Roll Call : Roll call showed all members of the Commission present for the telephone
conference. At the request of Chairman Schnelz, Judge Groh opened the meeting with prayer.
10. Commission Eligibility - Parish Pastor (Ag. 1872,A) : The Commission reviewed action which had
been taken in a conference call November 16, 1989, which dealt with a reconsideration of a previous
decision regarding the continued eligibility of a retired Pastor to serve on the Commission on Theology
and Church Relations in a position which calls for a parish pastor. The Commission had sustained its
previous decision which declared the retired pastor ineligible to serve in that capacity.
In responding to Dr. Arthur Drevlow, the man who had requested the reconsideration of the Commission's
decision regarding its position, the Commission on Constitutional Matters stated that it had taken note of
his reference to the objection which was raised regarding the use of the term "contract'' to describe his
present relation to the congregation as well as experiences in his past ministry where he served as pastor
without a call. The Commission also took into consideration the 1979 ruling of the Commission on
Constitutional Matters which concluded that
"To be a 'parish pastor' in the constitutional sense, an individual must have a call. If he has
retired, his call has been relinquished even though he may enter into a contract arrangement for
part-time pastoral service. The Commission on Constitutional Matters has ruled in the past that a
clergyman cannot be both a called pastor and an emeritus at one and the same time."
On the basis of this ruling, the Commission had concluded that its original opinion was correct. It also
noted that a Mr. Utter, a member of the Commission on Theology and Church Relations, who felt that Dr.
Drevlow should be retained on the commission had concluded that "a retired parish pastor is not a 'parish
pastor, within the meaning of Bylaw 3.951,1, and therefore would not be eligible for selection to the
CTCR as a 'parish pastor'." The Commission also noted that Bylaw 3.591,a referred to ordained ministers
who are parish pastors. The Commission understood this verb as a durative present and concluded that the
continued status is required for membership. It also concluded that although there is no reference to a
"contract" in relation between Dr. Drevlow and his present congregational service, the congregational
resolution to which he had referred was, in effect, a contract, an agreement, whether or not so defined.
The Commission also concluded that although Dr. Drevlow might previously have been improperly listed
in the roster of the Synod as a parish pastor even though he was serving without call, the Commission was
not dealing with such a situation but was dealing with the requirement of "parish pastor" in the
constitutional sense as a prerequisite for membership on the CTCR. The Commission also stated that it
did not accept the thesis that if the Synod elects, then only the Synod can remove, if that phrase is
understood to refer to action by the delegate convention of the Synod. District presidents may remove
from membership. In a sense, it might then be said that the Synod through a district president might be
removing someone from membership for cause and consequently also from a board or commission of the
Synod if he holds such board or commission membership. In the same sense, the Synod through a proper
authority can declare someone ineligible for membership and thereby remove him.