LCMS Convention Workbook St. Louis, Missouri — 2010, Page 273

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

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receive a call or appointment to any of the offices of ministry identified in Bylaw 2.11.1. The guidelines established by the Council of
Presidents of the Synod for non-candidate members of the Synod
(Bylaw 2.11.2.3 [c]) should reflect this eligibility.
Question 2: What specific remedy does the commission find in the
Bylaws for a situation in which a worker has exhausted
four years of candidate status, does not wish to voluntarily choose non-candidate status or to resign from the
roster, and wishes to be eligible to receive a regular call
to active service and has not received such a call?
Opinion: If a rostered church worker has exhausted four years of
candidate status, does not wish to resign from the roster of the
Synod, and is not eligible for emeritus status (Bylaw 2.11.2.1), he
or she must request to be placed on non-candidate status in order
to remain eligible to receive a regular call to active service (Bylaw
2.11.2 [b]). The Bylaws of the Synod do not limit eligibility to receive a call to a particular roster status. Congregations (as well as
other calling and appointing entities) may call and be served by any
minister of religion, ordained and commissioned, who has been admitted to his or her respective ministry in accord with the rules and
regulations set forth in the Synod’s Bylaws and remains a rostered
member of the Synod (Bylaws 2.5.2 and 2.5.3).
Adopted Feb. 7–8, 2009

As defined, an agency is an instrumentality authorized, formed,
or created by the Synod in order to fulfill or further the Synod’s
objectives. As suggested by the questions, a district is certainly an
agency of the Synod.
Bylaw 1.4.1 describes the relationship of the Synod to all of its
officers and agencies:

Agency Resolutions and Synod Actions (09-2556)
A pastor of the Synod, in an e-mailed March 18, 2009 letter, asked
the following questions regarding an agency’s possible negative response to an action taken by the Synod.
Question 1: May an agency of the Synod (such as a district), by
defeating a resolution to participate in a Synod initiative
or action (or by any other means) opt not to participate in an initiative or action passed by the Synod in
convention? What would be the effect of an agency’s
resolution to participate in an initiative or action passed
by a resolution of the Synod in convention, which is
defeated by the agency? How should the members of
the Synod regard an agency’s resolution to participate
in an initiative or action passed by a resolution of the
Synod in convention, which is defeated by the agency?
How should the officers of the national Synod and/or the
various districts of the Synod regard such a resolution?
Question 2: May an agency of the Synod (such as a district), by passing a resolution not to participate in a Synod initiative
or action (or by any other means) opt not to participate
in an initiative or action passed by the Synod in convention? What would be the effect of an agency’s resolution
not to participate in an initiative or action passed by the
Synod in convention? How should the members of the
Synod regard an agency’s resolution not to participate
in an initiative or action passed by the Synod in convention? How should the officers of the national Synod
and/or the various districts of the Synod regard such a
resolution?
Opinion: An agency of the Synod is defined in Bylaw 1.2.1 as follows:

The delegate convention of each district of the Synod receives reports and counsel from the national Synod, makes recommendations
thereto, assists in implementing decisions of the Synod, and adopts or
authorizes programs to meet the unique needs of the district.

(a) Agency: An instrumentality other than a congregation, whether
or not separately incorporated, which the Synod in convention or its
Board of Directors has caused or authorized to be formed to further the
Synod’s objectives.
(1) Agencies include each board, commission, council, seminary,
university, college, district, Concordia Plan Services, and each synodwide corporate entity.

The delegate convention of the Synod is the legislative assembly
that ultimately legislates policy, program, and financial direction to
carry on the Synod’s work on behalf of and in support of the member
congregations. It reserves to itself the right to give direction to all
officers and agencies of the Synod [emphasis added]. Consequently,
all officers and agencies, unless otherwise specified in the Bylaws, shall
be accountable to the Synod for all their actions, and any concerns regarding the decisions of such officers or agencies may be brought to the
attention of the Synod in convention for appropriate action. This provision does not apply to specific member appeals to the Concordia Plans,
which has its own appeal process for such cases.

Certain agencies of the Synod, including districts, have particular
authority to make recommendations to the Synod through its national
convention. In doing so, however, agencies of the Synod, including
districts, are not allowed to ignore or overrule the decisions of the
Synod, but rather to influence or seek to influence the Synod through
its conventions. Bylaw 1.4.2 reads as follows:

With respect to districts as agencies of the Synod, districts hold a
special relationship to the Synod. As indicated in Bylaw 4.1.1: “The
Synod is not merely an advisory body in relation to a district, but
establishes districts in order more effectively to achieve its objectives and carry on its activities.” Bylaw 4.1.1.1 is even more explicit
as it relates to districts: “A district is the Synod itself performing the
functions of the Synod. Resolutions of the Synod are binding upon
the districts.” Bylaw 1.3.6 makes clear a district’s responsibility over
against resolutions of the Synod: “Districts and circuits as component parts of the Synod are obligated to carry out resolutions of the
Synod and are structures for congregations to review decisions of the
Synod, to motivate one another to action, and to shape and suggest
new directions.”
Some resolutions of the Synod are intended to require participation by every agency of the Synod. Others are intended to encourage,
but not require, participation by agencies of the Synod. Yet others
may identify specific goals or objectives of the Synod, leaving to
agencies of the Synod to determine whether or not the initiative falls
within their area of expertise or responsibility.
To the extent that a resolution of the Synod establishes an initiative
directing action or participation by an agency of the Synod, whether
a district or other agency, it is not the prerogative of the agency to
determine whether it wants to participate. Rather, it is required as part
of its covenant with the Synod to do so. The refusal of an agency of
the Synod, including a district, to follow or accept the resolutions of
the Synod is without authority and should be considered null and void.
This issue has been raised in the past. For example, in Ag. 632
(1974) the Commission on Constitutional Matters opined: “All resolutions of districts which provide for district action which is in conflict
with the above are unconstitutional and therefore null and void (Article XII, 2; Bylaw 3.07). Districts and district presidents are obligated
to carry out the resolutions of the Synod (Article XII, 9, a; Bylaw 3.07,
a).” [The referenced Bylaw 3.07 is now Bylaws 4.1.1 and 4.1.1.1 in
the 2007 Handbook.]
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