LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 26, 2000, Page 3

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triggers the prescribed procedure for resolving a complaint. (Only the president of the institution is
involved in the process.) However, as pointed out above, there are a number of parties involved in the
recommendation process leading to the consideration of the recommendation by the Board of Regents,
and, it is the Board of Regents, and not those involved in the recommendation process, which bears the
final responsibility for the quality of the appointment.
171. Request for Approval of Iowa District West Bylaw Changes (00-2205)
The Secretary of Iowa District West, in a July 19, 2000 letter, submitted changes made by his District’s
convention to the Commission for approval. The Commission has reviewed the proposed bylaw changes
and generally finds them acceptable, with one exception.
Bylaw 2.03 provides in its new language, “A retired ordained minister, without the status of emeritus,
who is serving as a pastor of a congregation on a part-time or contract basis may serve as a voting pastoral
delegate from that congregation.”
In its decision Ag. 2078, A, the Commission previously ruled that a retired pastor with a call could be an
active pastor under Bylaw 2.15, a, and thus eligible to vote at a District convention. However, that same
decision also noted:
From these provisions it is apparent that an ordained minister “serving” as pastor of a
congregation of the Synod cannot be an emeritus member. By past interpretation, the
Commission on Constitutional Matters has opined that ministers providing services to a
congregation under a limited contract, rather than a call, were not serving a congregation
in the sense of Bylaw 2.15, a. Likewise, a vacancy pastor would not be serving a
congregation in the sense of that bylaw since he either already has a full-time call to
another position or is serving the congregation in a temporary capacity without
specification as to length of service. The language of Articles V, B, and XII, B, of the
Synod Constitution which refer to ministers “in charge of congregations” is in the same
sense as the provision of Bylaw 2.15, a, and leads this Commission to conclude that
emeritus status is inconsistent with being in charge of a congregation, and thus
inconsistent with exercising voting rights at a District or Synod convention or Circuit
Forum.
It follows that proposed Bylaw 2.03 cannot be accepted.
172. Request for Approval of Michigan District Bylaw Change (00-2207)
In a letter dated July 20, 2000, the Secretary of the Michigan District submitted for the Commission’s
approval a District convention resolution to amend the Bylaws of the District pertaining to its Mission
and Ministry Commission. The Commission on Constitutional Matters observes that the amended District
Bylaws continue to provide necessary linkage to synodical counterparts and therefore grants its approval.
173. Question Re District President Nomination Process (00-2208)
A parish pastor, in a letter dated August 9, 2000, questioned a decision made by the Board of Directors of
his District to set aside the process for offering nominations for the office of District President established
by District Bylaws. Due to extraordinary circumstances (the inability of the incumbent to stand for
reelection due to health concerns), the District Board, upon the advice of its legal counsel, authorized that
the nominations schedule be revised and that a second opportunity be provided to those who had already
nominated the incumbent. This pastor questions the authority of the District Board of Directors to alter

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