LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 8, 2000, Page 4

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Question 4:

Specifically, may an LCMS pastor receive and accept a call from an independent
Lutheran congregation or is this Bylaw to be regarded as exclusively non-called
service?

Given the response of the Commission to Question 3 above, yes, an LCMS pastor may receive
and accept a call from an independent Lutheran congregation.
Question 5:

If such service may include a call, may the District President who has authorized
such “serving a congregation which is not a member of the Synod” participate in the
installation service, also when there are other independent Lutheran pastors
participating?

If the policies of the Council of Presidents have been met to rightly allow an LCMS pastor to
serve a non-member congregation without acting contrary to the fellowship principles and
practices of the Synod, the President of the District may no less participate in the installation
service. Indeed, Article XII of the Constitution of the Synod requires that District Presidents
“perform, either in person or by proxy, the ecclesiastical ordination…as well as the
installation…of all ministers and teachers called by the congregations in their Districts.” In
addition, Bylaw 4.71, c, requires that “the District President shall represent the Synod in
connection with all ordinations, commissionings, and installations.” Sub-paragraph 5 provides
that, except as provided otherwise in earlier sub-paragraphs, all ordained and commissioned
ministers “shall be installed upon authorization by the appropriate District President.”
It is the opinion of the Commission, therefore, that a District President not only may participate
in the installation service of a worker called by a non-member congregation so long as all
policies have been honored. He is required to authorize the installation and is well advised to
personally install the worker, thereby demonstrating his ecclesiastical supervision of the worker
who holds membership in his District (Bylaw 2.41, j).
139. Questions Re the Calling Rights and Requirements of RSOs (00-2193, 00-2193A)
In a memorandum dated April 10, 2000, a District President asked several questions regarding the right of
RSOs to call rostered workers of the Synod. In a memorandum dated March 10, 2000, an administrator
from the school ministries department of the Synod also raised a number of related questions. After
discussion, a member of the Commission was asked to draft a response for consideration at a future
meeting.
140. Nebraska District Bylaw Changes (00-2194)
The Nebraska District in an April 10 letter to the Chairman of the Commission requested a review of the
District’s proposed changes to its Bylaws. The Commission gives its approval to the changes but offers
the following recommendations:
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The Commission notes that the District may resolve any concerns regarding nominations and
elections of two persons from the same congregation as its wishes, but any such measures should be
carefully defined in the Bylaws.
On page 11 of the Proposed Resolutions, line 245, the Commission recommends that the word
“sought” be replaced with the word “recommended” since at this point in the process the candidates
are already identified.
On page 13 of the Proposed Resolutions, lines 359-361, the Commission calls attention to synodical
Bylaw 4.51, a and c, and its requirement that nominees may be from the entire roster of the Synod but
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