LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 18, 1998, Page 7

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A. There is nothing explicit in the Constitution or Bylaws which speaks to the question of whether a
pastor of a congregation must transfer his membership to the congregation of which he is the pastor.
B. It is, however, implicit in Chapter VIII that persons associated by the Constitution and Bylaws of
the congregation in the ministry of the congregation are subject to its discipline.
In further response to your questions, the Commission concludes that the fact situation which is the basis of
the questions asked of the Commission in your communication of December 1, 1997, is this: A minister of
religion-,ordained is called to serve Congregation A. He accepts the call and serves Congregation A.
However, he retains his membership in Congregation B, which is located in the same community, and does
not sign the Constitution of Congregation A and thereby become a member of Congregation A.
1) Is it the understanding of Missouri Synod church polity, that the pastor is required to transfer his
membership to Congregation A and sign its Constitution?
Within the responsibility of the CCM to interpret the Constitution and Bylaws of the Synod, Article
VII of the Constitution of the Synod points out that the Synod is but an advisory body with respect
to the individual congregation's right of self government. However, the Synod does establish
criteria for obtaining and retaining membership in the Synod as a minister of religion-ordained.
These criteria are set forth in Article V of the Constitution of the Synod and also in its Bylaws 2.07,
2.15, 2.17, and 2.19. An examination of these sections as well as other sections of the Bylaws fails
to reveal a requirement by the Synod that a minister of religion--ordained, in order to be a member
of the Synod, must be a member of the congregation he is called to serve.
2) Is the minister of religion--ordained subject to the discipline of Congregation A if he does not sign
the Constitution or transfer his membership to Congregation A?
The answer to this question depends upon the specific terms of the Constitution of the
congregation. Does it differentiate in the provisions related to its pastors as to whether the pastor is
or is not a member of the congregation? This issue is beyond the functions of the Commission as
set forth in Bylaw 3.905 of the Synod.
3) Can the minister of religion-ordained be a voting delegate of Congregation A at a district or
synodical convention if he is not a member of Congregation A?
Article V(A) of the Constitution of the Synod sets forth the requirements for holding voting
membership. As to a synodical convention it states that a number of congregations shall form a
group which shall be represented by two voting delegates, one a pastor and one a lay delegate.
Bylaw 3.05 elaborates on pastoral delegates to a synodical convention. It states that all pastors who
are not advisory members shall be eligible for election as a delegate. It also states that the
congregation or congregations served by the elected pastoral delegate shall be removed from
consideration for supplying any other voting delegate or alternate from that particular convention.
Note: the bylaw speaks of being served by the pastor and not being a member of the congregation.
As to a district convention, Article V(A) states every congregation or parish is entitled to two votes,
one of which is to be cast by the pastor and the other by the lay delegate. Bylaw 4.23 provides the
delegates of a voting congregation shall stand accredited and entitled to vote upon presenting
proper credentials signed by two of the congregation's officers.
Thus neither the Constitution or Bylaws of the Synod require that a pastoral delegate to a synodical
or district convention must be a member of the congregation he serves.