# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 1 2 2019_S2 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 8. Oklahoma District Personnel and Operations Policies (19-2919) By an August 21, 2019, e-mail, the Oklahoma District Secretary forwarded the district’s Personnel Policies and Procedures Manual (dated July 2019, labeled as revised November 2018) and Operations Procedure Manual (dated September 2018, labeled as presented to the Board in August 2018) for the commission’s review. In the Personnel Policies and Procedures Manual, Policy 2.200, the commission notes the phrase “to the extent allowed by state law” and suggests that the district may not wish to confine, in its policies, its fundamental First Amendment right to determine who will serve in churchly positions and vocations by such subordinate laws as may from time to time be adopted. Compare LCMS Bylaw 2.1.2 (f)(2): “The Lutheran Church—Missouri Synod, in referencing the laws of the State of Missouri in these Bylaws and in the Synod’s Articles of Incorporation, intends to acknowledge its responsibility to be subject to civil authority. In all such references, however, the Synod intends to retain all authority and autonomy allowed a church under the laws and Constitution of the United States and the State of Missouri.” Likewise, LCMS Articles of Incorporation, Objective II c: “…to acknowledge and assert the protections granted by the First Amendment to the Constitution of the United States.” Under the same policy, it should also be noted that the positions of pastor, associate pastor, etc., are not positions filled by the district. These titles are exclusive to congregational service. The language should be adjusted to avoid giving the false impression that this manual applies to congregations of the Oklahoma District in regard to the calls they extend, or the false impression that such congregationally-called workers are personnel of the district. The commission identified nothing in the Operations manual contrary to the Constitution and Bylaws of the Synod. The district and its secretary are thanked for forwarding their policies for the commission’s review. 9. Review of 2019 Handbook (19-2920) The commission reviewed the draft of the 2019 Handbook previously prepared by the Secretary and provisionally approved by the Commission on Handbook (COH), awaiting consultation with this commission. Noted were the following items, which the Secretary was directed to share with the sister commission: • • • Bylaws 2.5.2–3: In discussion of the COH action item related to Bylaws 2.5.2–3 (COH Issue19005) it was suggested that the language of Bylaws 2.5.2–3 could be improved by an insertion as follows: “Congregations that are members of the Synod, as well as association schools, agencies, auxiliaries, and recognized service organizations shall…” The commission also offered its suggestion that the relocation of language dealing with agencies, auxiliaries, and recognized service organizations be removed to their respective sections be considered by COH. The commission also noted its willingness to assist Dr. Gude and Secretary Sias as they work with COH on Issue 19-005. Bylaw 2.5.6: In the final sentence of Bylaw 2.5.6, it was suggested to replace “One serving” with “A pastor.” Bylaws 2.5.6, 2.13.1: The commission noted a potential unclarity that might be worthy of future resolution: with both assisting pastors and specific ministry pastors having supervising pastors in addition to the district president, care should be taken that the regulations for these two different situations not be confused or commingled. Along with these comments, the commission expressed its appreciation for the work of the Secretary and its sister commission on the 2019 Handbook and on its index. CCM Minutes – November 1–2, 2019 – Page 3