LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 22, 1998, Page 8

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172. Involvement of District President in Call Process (Ag. 2108): A pastor had requested an opinion
from the Commission on Constitutional Matters with respect to certain issues involving the actions and
procedures of a District President as he is involved in the call process. Specifically, the question was asked,
"May a District President remove a name from a congregation's call list in such a way that the impression is
given that they cannot call him even though he is in good standing on the synodical roster?" Other issues
were also involved in the request for a response. Replying to the request for an opinion, the Commission
stated:
In response, the Commission calls attention to Bylaw 4.73, which states that the District President is to ". .
. advise the congregations of his district as to the calling of pastors and teachers, give counsel, and
respond to requests and inquiries. He may call upon the circuit counselors to assist him." It is clear from
this that while the District President cannot prohibit a congregation from calling a worker in good
standing on the roster of the Synod, he not only may but is required to carry out the provisions of Bylaw
4.73 cited above. In advising the congregation and providing counsel, he may indicate that in his
Judgment a congregation should not call a specific person, that it would not be advisable to do so, that it
could be detrimental to the welfare of the congregation to do so, etc. The congregation, as a selfgoverning body is, of course, free to ignore such advice.
You also asked whether a ". . . District President [is] obligated to explain to a calling congregation that
they are free to call any pastor in good standing on the synodical roster?"
In response, the Commission concludes that the Bylaws do not specify the procedure for advising
congregations in the calling process. Therefore, the answer to the question posed is "no."
The Commission can only respond to questions posed on the basis of the Constitution and Bylaws of the
Synod, other considerations being beyond its responsibility and authority. It believes that the responses
provided above are within those parameters.
173. Adjournment: Having completed its business, the meeting of the Commission on Constitutional
Matters was declared adjourned.

Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - June 23, 1998
174. Opening Prayer: At the request of Chairman Tesch, Dr. Schlecht opened the meeting with prayer,
asking for the Holy Spirit's guidance as members of the Commission considered the questions before them,
so that they might know the will of God and that the decisions which were reached would be for the welfare
of the church.
All members of the Commission were present with the exception of Alan Barber.
175. Dispute Resolution Panel Report (Ag. 2109): A Dispute Resolution Panel had considered a matter
involving a District President and a pastor and congregation which had been placed on suspended status.
The President of the Synod had placed a number of questions regarding the decision which had been
reached before the Commission for their response.
After carefully reviewing the questions, the decision of the Dispute Resolution Panel and the applicable
bylaw provisions, the Commission decided to respond as follows: