# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 31 February 1 2006_S5
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

each with particular duties and responsibilities. The Synod also provides direction to those boards and
commissions by adopting resolutions. Where such boards and commissions adopt policies to carry out
their delegated responsibilities under the Constitution, Bylaws, and resolutions of the Synod, fulfillment
of the President’s duties under Art. XI B and Bylaw 3.3.1.2 requires that he see to it that in adopting such
policies they are acting in accordance with the Constitution, Bylaws, and resolutions of the Synod.
Allowing the adoption of policies inconsistent with the Constitution, Bylaws, and resolutions of the
Synod would be an abdication of these responsibilities.
The second question is more difficult to answer. While some policies derive from mandates or
proscriptions contained in the Constitution, Bylaws, and resolutions of the Synod, others do not. To the
extent that a policy is so derived, the President’s duties include the responsibility to see that the policies
are followed.
In the context of the series of questions posed, the Commission understands the issue to focus specifically
on the President’s duty to see to it that the agencies of the Synod follow the policies of the Board for
Human Resources. Since Bylaw 1.5.9 requires that every applicable agency of the Synod operate under
the human resources policies of the Synod, and, during its existence, the Board for Human Resources was
the agency charged with the adoption of those policies, the President’s duties did include the
responsibility to see that those policies were followed.
Question 6:

Given the provisions of LCMS Bylaw 3.8.5.2.3 (c), which lists the “Director of News and
Information Services” as “executive editor of the Synod’s official periodicals” (underlining
added), which staffing provisions of Bylaws 1.4.6, 1.5.9, 3.11 and/or other bylaws, if any,
are applicable to the “executive editor of the Synod’s official periodicals” and/or any other
staff position which occupant is charged or authorized by the Board for Communication
Services with making significant executive decisions regarding the Synod’s official
periodicals? Specifically:
(a) How does Bylaw 1.5.9 (e) (“In the event of a vacancy, the appropriate governing board
and the President of the Synod shall act expeditiously to fill the vacancy. The board shall
present its list of candidates to the President.”) apply to the vacant position of the Director
of News and Information Services, who also serves as executive editor of the Synod’s
official periodicals or to any other staff person making executive decisions?
(b) How does Bylaw 1.5.9 (f) (“The slate of candidates for the initial appointment of the
executive officer of an agency shall be selected by the board or commission in consultation
and mutual concurrence with the President of the Synod.”) apply in filling the vacant
position of the Director of News and Information Services, who also serves as executive
editor of the Synod’s official periodicals or to any other staff person making executive
decisions?
(c) How does Bylaw 1.5.9 (g) (“Any interim appointments of an executive officer shall be
processed in a similar manner. Such appointee must be approved by the President of the
Synod, may not serve more than 18 months without the concurrence of the President of the
Synod, and shall be ineligible to serve on a permanent basis without the concurrence of the
President of the Synod.”) apply to the interim appointment of the Director of News and
Information Services, who also serves as executive editor of the Synod’s official
periodicals or to any other staff person making executive decisions?

Opinion: The provisions of Bylaw 1.5.9 (e), (f), and (g) do not apply to the position of the Director of
News and Information Services. The language of former Bylaw 3.69 e, now contained in Bylaw 1.5.9 (a)–
(h), uses in different subsections the terms “officer,” “executive officer,” “executive staff,” “chief
executive,” and “executive.” Analyzing both the historical roots of the bylaw as well as the actual practice
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