LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 26, 2000, Page 7

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In a letter dated September 26, 2000, a District officer forwarded a question that arose at a District
convention in connection with a run-off Circuit Counselor election.
QUESTION: “Who is eligible from each Circuit to vote in the run-off elections for Circuit
Counselor. Is it just to be one pastor and one lay delegate from each congregation,
or are advisory pastors from that Circuit also eligible to vote?”
Opinion: Bylaw 5.11, a, provides the process for the election of Circuit Counselors. In the event that the
Circuit Forum and additional congregational ballots do not result in any candidate receiving a majority,
the bylaw provides that “a Circuit caucus shall be held during an early session of the convention at a
specified time on the agenda.” It requires that balloting “take place by the pastors and lay delegates of the
Circuit until one pastor receives the majority of votes.”
The Commission notes that Article V, A, of the Constitution stipulates, “At the meetings of the Districts
of the Synod every congregation or parish is entitled to two votes, one of which is to be cast by the pastor
and the other by the lay delegate.” Article V, B, then also identifies those pastors who have no vote in
District or Synod conventions, to include all pastors other than pastors in charge of congregations.
The Commission therefore rules that, because Circuit caucuses to finalize the selection of a nominee for
Circuit Counselor are an official part of District conventions and because pastors other than pastors in
charge of congregations have no vote in District conventions, Bylaw 5.11, a, is to be understood to
require that only the voting pastor and the voting lay delegate of each congregation or parish are eligible
to vote in the Circuit caucus.
180. Question Regarding Use of Term “Bishop” for District Presidents (00-2215)
The secretary of a District professional workers conference forwarded the following resolution to the
Commission, requesting a response:
Resolved: The Midwest Regional Professional Worker’s Conference (English
District), meeting at the University of Saint Mary of the Lake, Mundelein, Illinois,
September 19-21, 2000 requests the Commission on Constitutional Matters and the
Secretary of the Lutheran Church—Missouri Synod to provide “Handbook”
clarification for the use of the term “Bishop” in describing the role of our elected
District President. Since there is no language in the current By-Laws to prohibit its
use, we kindly request your attention to this matter. Please direct your response(s)
to the Reverend David Ritt, President/Bishop for dissemination to the professional
workers of the English District.
The Commission understands the question submitted by the Midwest Regional Professional Workers
Conference to essentially read:
QUESTION: Does the Handbook of The Lutheran Church—Missouri Synod provide clarification
for the use of the term “Bishop” in describing the role of our elected District
President?
Opinion: The Handbook of The Lutheran Church—Missouri Synod does not make use of the term
“Bishop.” The terminology which the Synod has chosen to use in referring to the chief executive officer
of the District is “District President” (Constitution Article XII; Bylaw 4.51).
The Commission again notes that Overture 3-42 to the 1981 synodical convention asked for permission to
use the term “Bishop” as an alternate title for the President of the Synod, the District Presidents, and the
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