LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 30, 1998, Page 12

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Bylaw 2.45, b and c, provides a clear answer to your question:
b. Congregations which are members of the Synod, in conformity with Article VI, 3, of the
Constitution of the Synod, shall call and be served only by ordained or commissioned ministers
who have been admitted to these respective ministries in accordance with the rules and
regulations set forth in this Handbook and have thereby become members of the Synod.
c. Congregations which violate this requirement and persist in such violation shall, after due
admonition, forfeit their membership in the Synod.
The Bylaw clearly states that an LCMS congregation cannot be served by a non-LCMS church worker in
any case.
22. Question Regarding "Fails to Act" in Bylaw 2.27, b (98-2137)
A pastor submitted a request for an opinion from the Commission regarding the meaning and intent of the
90-day "fails to act" provision in Bylaw 2.27, b, in an October 27, 1998 letter. His question read as follows:
When a written complaint consisting of formal doctrinal charges against a member of Synod is filed
under the auspices of Article XIII of the Constitution of The Lutheran Church−Missouri Synod and of
Bylaw 2.27 of the Bylaws of The Lutheran Church−Missouri Synod, within how many days must the
applicable District President inform the complainant of his decision to suspend or not to suspend? Has
the District President fulfilled his responsibilities when he initiates an investigation within 90 days of
receipt of the complaint in order to substantiate the allegations but does not decide either to suspend or
not to suspend within the 90 days?
The Secretary of the Synod responded to this inquiry by mailing to the pastor the May 22, 1998 opinion of
the Commission, "Meaning of the Term 'Fails to Act'." This action was approved by the Commission.
23. Other Items
One item remained on the meeting agenda, a review of the sample Constitution and Bylaws that is available
to congregations from Concordia Publishing House. It was agreed that this review would be postponed until
the next meeting of the Commission.
24. Adjournment
The meeting was closed with a prayer by Rev. Gerhardt Bode.
Raymond L. Hartwig, Secretary

Commission on Constitutional Matters Minutes - March 1, 1999
25. Opening
Chairman Walter Tesch called the meeting via conference call to order and called on Dr. Albert Marcis for
an opening prayer.
26. Review of "GUIDELINES for Constitutions and Bylaws of a Lutheran Congregation” (98-2135)
The Commission briefly discussed initial work on a revised version of these guidelines. Dr. Marcis will
continue to work toward an early draft for future consideration by the Commission.
27. Amendments to LCMS Foundation Articles and Bylaws (98-2138)