LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 16,1999, Page 11

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QUESTION: "Are the Circuit Counselors of a District subject to the District's three term tenure Bylaw or
are they outside the scope of that Bylaw because they are officers of the Synod and not officers of the
District?"
OPINION: Article XII, 3, c, and Bylaw 4.51 list Circuit Counselors as officers of the District. While
Article XII, 5, provides that the election and time of service of District officers are to be determined by
the Bylaws of the Synod, Bylaw 4.125, b, grants to Districts the right to determine limitation of tenure.
Therefore, Circuit Counselors are not officers of the Synod but only of a District. As District officers they
are subject to all bylaws of the Synod and the District that pertain to District officers. However, a District
may in its bylaws place limitations on tenure of Circuit Counselors.
88. Review of Eastern District Bylaw/Regulation Revisions (99-2169)
An initial response suggesting several changes has been forwarded to the Eastern District.
89. Questions Re Congregations Following Bylaws in Extending Calls (99-2170)
A District Board of Directors in a formal board action instructed that the Commission be requested to
make "a determination about the validity, legality, properness, or other conclusion about the call resulting
from a congregation violating its own Constitution or Bylaws." The District President submitted the
following questions:
QUESTION 1: "If a congregation does not follow its constitution and by-laws in calling a professional
church worker, does that 'invalidate' the call?"
OPINION: Bylaw 2.45, a, requires that congregations seek the advice of the District President when
calling ordained and commissioned ministers, also providing in paragraph c that congregations that persist
in failing to follow that bylaw "shall, after due admonition, forfeit their membership in the Synod." Bylaw
4.73 requires a District President to advise congregations in the calling of pastors and teachers. Article III,
Section 9, of the Synod's Constitution includes the protection of congregations, pastors, teachers and other
church workers in the objectives of the Synod. These provisions set forth a clear and useful process for
calling church workers that should prevent or minimize irregularities in the calling process.
Nothing in the Constitution and Bylaws of the Synod would indicate that a call would be invalidated by
the failure of a congregation to follow its own Constitution and Bylaws in the calling process The
Commission further observes, however, that questions regarding the call involve matters of theology that
are beyond the scope of this Commission's responsibilities. Further, failure to follow the proper
procedures may have legal ramifications which are also beyond the scope of this Commission's
responsibilities.
QUESTION 2: "If the call is considered 'invalid,' what does that mean for the congregation and the
worker?"
OPINION: In conformity with the prior answer, the Commission observes that nothing in the Constitution
and Bylaws of the Synod answers this question.
QUESTION 3: "What action may the District or Synod take in the matter?"
OPINION: The role of the District and therefore of the Synod is set forth in the clear and useful process
for calling church workers provided by Bylaws 2.45, a, and 4.73. It is the responsibility of District
Presidents to advise congregations in the calling of ordained and commissioned ministers. This rightly
will include attention to the process for calling church workers contained in the congregation's
Constitution and Bylaws.
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