LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 20, 1999, Page 8

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The President of the Indiana District, in a memorandum received September 27, 1999, submitted for
review and approval his District's proposed bylaw changes to the Commission. Alan Barber was assigned
the task of reviewing the proposed changes.
76. District President Responsibility for Roster Classification (99-2166)
A pastor of the Synod in a letter dated September 23, 1999, has requested an opinion from the
Commission regarding "the constitutional right and/or privilege" of a District President to change the title
and, therefore, the roster and voting status of a pastor without informing the pastor or the congregation
that the change has been made. Gerhard Bode was asked to prepare a draft response.
77. Term Limits for Circuit Counselors (99-2167)
The Secretary of the North Dakota District in an October 7, 1999, letter has requested the opinion of the
Commission regarding the applicability of the District's Bylaws regarding term limitations to Circuit
Counselors. In his letter he notes that the term limitation has not been applied to Circuit Counselors in the
past, guessing that this is due to an "understanding that the Counselors are officers of the Synod and not
officers of the District." He asks whether Circuit Counselors are subject to the District's three term tenure
bylaw or whether they are outside the scope of the District's bylaw because they are officers of the Synod.
The Secretary of the Commission was asked to draft on opinion based upon the Commission's discussion.
78. Questions Re Procedure in Removing a Pastor (99-2168)
A Dispute Resolution Panel has posed two questions to the Commission pursuant to Bylaw 8.21, 1:
QUESTION 1: Has a congregation followed proper procedures in dismissing a pastor from office if it did
not state (specify) the constitutional reason(s) for doing so when calling the Voter's
Assembly for the purpose of dismissing a pastor?
QUESTION 2: Has a congregation followed the proper procedure if the constitutional reason(s) for
dismissal are not stated in the motion to dismiss?
OPINION: The Commission observes that under Bylaw 8.21, i, it is limited to interpreting the Synod's
Constitution and Bylaws. See also Bylaw 3.905, d. Within that limited grant of authority, the Commission
states that the Synod's Constitution and Bylaws are silent as to the questions posed. They neither require
nor forbid specificity in stating the reasons for dismissing a pastor either in calling a meeting of the
Voters' Assembly or in a motion for dismissal made at a Voters' Assembly meeting. Interpretation of a
congregation's constitution or bylaws is beyond the scope of this Commission's responsibilities, and is
within the sound discretion of the Dispute Resolution Panel, which is required by Bylaw 8.09, c, 2, to set
forth the rationale for its decision in writing.
79. Revisions to Eastern District Bylaw/Regulations (99-2169)
The Chairman of an ad hoc committee appointed by the Eastern District Board of Directors to recommend
revisions to the Eastern District Bylaws/Regulations submitted its preliminary revision document to the
Commission for review and comment. Walter Tesch accepted the assignment to review the document and
return comments to the Eastern District as a preliminary step prior to final review and approval.
80. Adjournment
All necessary business having come before the Commission, Chairman Tesch called on Gerhard Bode to
provide a closing prayer.
Raymond L. Hartwig, Secretary

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