LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 17, 2000, Page 3

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Question 1:

“Can a District of the Synod ‘call’ a pastor to serve as the executive of an independent
corporation which is not a congregation or a recognized service organization of the
Synod or an entity of the Synod?”

Opinion: The Constitution and Bylaws of the Synod do not specifically state that a District may issue a
“call.” However, the Bylaws do give recognition to such calls. Bylaw 4.71, 3, speaks of ordained and
commissioned ministers who are members of the Synod and are called or appointed to serve the Synod.
Bylaw 2.15, f, specifically states, in the case of missionaries, “…including a call by a District.” Thus, a
District may extend a call.
Having concluded that a District may extend a call, the question then is whether such a call may be made
to a pastor to serve as the executive of an independent corporation which is not a congregation, nor a
Recognized Service Organization (RSO) or an entity of the Synod. Article XII, 12, of the Constitution of
the Synod states: “The Districts are independent in the administration of affairs which concern their
District only, it being understood, however, that such administration shall always serve the interests of the
Synod.” Thus the requirement is established that a District can take an independent action if: (1) the
action relates to an activity which only affects that District, and (2) the activity serves the best interests of
the Synod. Bylaw 4.07, e, states: “Jurisdiction with respect to everything which is administered by or for
the entire Synod resides in the Synod itself,….” Whether or not the activity of the independent
corporation only concerns the District which issued the call and whether the activity of the independent
corporation serves the interests of the Synod are questions of fact which are beyond the authority of the
Commission.
Question 2:

“Can a man who has received and accepted such a call remain on the roster of the
Synod?”

Opinion: (The Commission assumes that the question is whether the man can remain an active member
of the Synod as that term is defined in Bylaw 2.15.) Bylaw 2.15 sets forth various positions which would
qualify an ordained or commissioned minister of religion as an active member of the Synod. The only
category which fits the position described in question #1 is found in Bylaw 2.15, h, namely, engaged in a
“…specialized ministry endorsed by the Synod, including endorsement by one of its Districts.”
The words “or other specialized ministry” were added to Bylaw 2.15, h, by Resolution 5-11 (Overture 512) of the 1989 convention of the Synod, entitled “To Amend Miscellaneous Bylaws.” The “Resolved” of
this resolution stated: “To amend Bylaw 2.15 h to allow for directors of Christian education to serve in an
official civil service position with the military and remain an “active member” of the Synod as well as to
provide for active status for others involved in specialized ministries….” Neither the Convention
Workbook nor the Convention Proceedings elaborate further on the term “specialized ministry.”
Bylaw 2.15, h, further requires the specialized ministry to be endorsed by the Synod and/or a District. The
Council of Presidents addresses this issue in its Policy Manual where it states:
Consequently, the Council of Presidents has declared that the word “endorsement” as
used in Bylaw 2.15, h, shall mean “an ecclesiastical statement that affirms that the person
receiving the endorsement has been determined by the Synod to be fit for the ministry
and that acknowledges that the position to be filled is a Word or Word/Sacrament
ministry.”
The Commission accepts this definition. Therefore, to answer the question whether this man in question
may remain on the roster of the Synod under Bylaw 2.15, h, it must be determined whether the
independent corporation is a specialized ministry and whether the position qualifies for endorsement by a
District. These are factual determinations beyond the authority of the Commission.
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