LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 22, 1998, Page 5

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Following discussion of the questions and the issues involved, the Commission issues the following
opinion:
1.

Bylaw 2.15, c, stipulates that a pastor who serves a congregation which is not a member of the
Synod is not on candidate status, but is an active member provided his service is approved by the
President of the district in which the congregation is located. The Bylaws are silent with respect to
such service when not approved by the District President. Consequently, the Commission is unable to
answer the question as posed. However, it can be said that if the provision of the bylaw has not been
met, the worker cannot be holding active status.

1.

The granting of candidate status is at the discretion of the District President for a specific period of
time which, however, may not exceed the limitation established by the Bylaws of the Synod. Granting
candidate status for a specific period of time does not guarantee continued status for that period under
any and all circumstances. A worker on candidate status may obviously be removed for cause if his
ministry is being carried out in a manner which is not in keeping with the Bylaws. An example would
be that of accepting a call to and serving a congregation without approval of or in opposition to the
direction of the District President. In view of the above, no procedural question exists if an ordained
minister is removed from the roster by the District President while serving a non-member
congregation without the approval of the District President.

1.

The Bylaws do not require membership in the geographic district where the congregation is located.
For service to a non-member congregation, they do however require the approval of the District
President of the geographic district in which a non-member congregation is located (Bylaw 2.15, c).

1.

In view of what is stated in 1 and 2 above, the Commission cannot answer the question since the
reason for removal of candidate status is unknown. A procedural error in and of itself could be
reversed by the Council of Presidents. However, the question, as posed, does not automatically allow
for this since the worker is serving as the called pastor of a non-member congregation, and it is not
known whether the approval of the District President has been received in keeping with the provisions
of Bylaw 2.15, c. It would seem inappropriate to return a member to candidate status when this
stipulation has not been satisfied.

1.

Yes, the worker could join an LCMS congregation and apply for reinstatement. However, the issue
is not so much whether he may serve the non-member congregation which is applying for
membership, but whether he may do so without the approval of the District President. If that approval
is not granted, it would be improper to reinstate a worker who, as soon as reinstated, would be in
violation of the Bylaws.
The Commission believes that its response deals with the questions as posed and should provide the
necessary guidance for the Council of Presidents.

168. Questions Regarding Dual Parish Issues (Ag. 2104): In a previous telephone conference, the
Commission had also discussed questions which had been received from a District President regarding the
termination of a congregation with its pastor by the dissolution of a parish agreement with a partner
congregation. The question was whether this termination would be in keeping with Synod's doctrine and
polity and whether there would be a need for the remaining congregation to issue a new call. In response the
Commission stated the following:
Regardless of whether the call was issued by both congregations under a parish arrangement or whether
each congregation issued a call individually, the Commission would maintain that each congregation has
issued a call to the pastor. If this is granted, the Commission does not believe that the relationship with