LCMS Convention Workbook St. Louis, Missouri — 2010, Page 277

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
Reductions in Force (09-2567)
In an e-mailed letter dated October 19, 2009, a Dispute Resolution
Panel submitted the following request for an opinion.
Question: Could the provisions of Bylaw 3.8.3.8.7 of the LCMS be
used as a model throughout the Synod in implementing
reductions in force?
Opinion: Bylaw 3.8.3.8.7, like Bylaw 3.8.2.7.7, lists “reduction
of the size of staff in order to maintain financial viability in compliance with policies concerning fiscal viability” as an allowable
cause for the termination of faculty positions by the boards of regents of the Synod’s institutions of higher education.
The intention of these bylaws stated in the 1989 convention action
that introduced “reduction in force” into the Bylaws of the Synod,
that is, to provide “guidance to boards of regents regarding termination of faculty or staff positions at synodical colleges and seminaries
because of external institutional circumstances which do not reflect on
the competency or faithfulness of individuals holding the positions”
(1989 Res. 6-10 “To Add Bylaw 6.44 re Termination of Position”).
The provisions of Bylaw 3.8.3.8.7 (and 3.8.2.7.7) were not specifically intended to be used as a model throughout the Synod in implementing reductions in force. However, the Synod has recognized
the right of other entities to eliminate positions no longer deemed
necessary by the hiring entity.
Adopted Oct. 31–Nov. 1, 2009
Application of Bylaw 3.8.8.2.2 to Recognized Service
Organizations (09-2568)
In a letter dated September 26, 2009, a pastor of the Synod requested an opinion of the commission regarding the application of the
Board for Mission Services Bylaw 3.8.8.2.2 to Recognized Service
Organizations of the Synod. He asked the commission to take into
consideration Bylaws 1.2.1 (a) and (d) and 6.2.1.
Question: Does Bylaw 3.8.8.2.2 in the Board for Mission Services
section of the “Program and Service Boards” section of
the 2007 Handbook of The Lutheran Church—Missouri
Synod apply to Recognized Service Organizations of the
Synod?
Opinion: Bylaw 3.8.8.2.2 states that the Board for Mission Services
“shall serve as the only sending agency through which workers and
funds are sent to the foreign mission areas across the Synod.” This
includes calling, appointing, assigning, withdrawing, and releasing “missionaries (ordained and commissioned ministers) and other
workers for the ministries and areas within its direct responsibility”
(paragraph [a]). This also includes “serv[ing] as the sending agency
even though programs are supported by districts or other agencies”
(paragraph [b]). The question posed is whether a Recognized Service Organization (RSO) is one of the “other agencies” mentioned
in the bylaw.
In 1993 the commission responded to a similar question, i.e.,
whether then-Bylaw 3.809 c (2007 Bylaw 3.8.8.2.2) applied to “organizations independent of the Synod, such as the Association of
Loyal Lutheran[s], Northwest, Inc.,” an organization consisting of
persons who were members of Missouri Synod congregations. The
commission responded as follows:
It is obvious that the Synod cannot control the actions of individual
members of member congregations of the Synod. The Synod can, however, expect congregations and pastors to act in conformity with the
bylaw.
With this in mind, the commission concludes that while it is not specifically contrary to the Bylaws for individuals or organizations made
up of individual members of member congregations of the Synod (other

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than rostered church workers who are members of the Synod) to send
missionaries, it is entirely contrary to the spirit of the bylaw. However,
the bylaw does apply to organizations or entities, whether or not related
to or sponsored by Synod, whose membership includes members of the
Synod, i.e., rostered church workers of LCMS congregations. This conclusion is indicated by Bylaw 2.39 a–c [2007 Bylaw sections 1.7 and
1.8].
It should finally be noted that there is nothing which prevents actions being taken by groups such as those referred to above if those
actions are coordinated through the Board for Mission Services which
then, in effect, becomes the sending agency.

(The commission notes that while the bylaw in question has been
re-numbered, the language of the bylaw has not changed and the
above-quoted opinion has not been overruled by a convention of
the Synod.)
Synod Bylaw 2.11.1 (k) gives a Recognized Service Organization the right to call rostered workers and gives such workers the
right to remain on the roster of the Synod. At the same time, Bylaw
3.8.8.2.2 requires that the Board for Mission Services “serve as the
only sending agency through which workers and funds are sent to the
foreign mission areas of the Synod.” To honor these bylaw rights and
responsibilities, the Board for Mission Services, acting under Bylaw
6.2.1 (c) which allows it to adopt additional policy, requires a commitment from the governing boards of its RSOs that before an RSO
calls rostered workers into foreign service, that RSO must consult
with and receive approval from the Executive Director of LCMS
World Mission. This is entirely in keeping with the Bylaws of the
Synod and the spirit of former CCM Opinion Ag. 1969. The answer
to the current question, therefore, is “yes,” Bylaw 3.8.8.2.2 does apply
to Recognized Service Organizations of the Synod.
Adopted Jan. 23–24, 2010
Regional Gatherings (09-2569)
In an e-mailed letter dated October 21, 2009, a pastor of the Synod
requested “an expedited opinion” on a series of questions regarding
“the proposed special meetings the Synod President has called prior
to the 2010 convention.”
Question 1: Are the proposed regional “gatherings” in regards to the
work of the Blue Ribbon Task Force on Synod Structure
and Governance to be considered “special sessions of
the Synod,” as defined/explained in Article VIIIB of the
Synod’s Constitution? Or are they something else? If
not “special sessions of the Synod,” under what section
of the Constitution or Bylaws does the President of the
Synod call these meetings? If these meetings do not
fall under the category of a regular Synod convention,
or a special session of the Synod, by what authority are
the districts assessing their circuits for the cost of these
meetings?
Opinion: These are not “special sessions of the Synod” as defined in the Synod’s Constitution. Nor are they early “sessions”
of the 2010 convention. These are informational meetings to be
attended by those invited, especially the elected voting delegates
to the 2010 convention. Synod Bylaw 3.1.9 places the responsibility “for the overall organization and operations of the conventions
of the Synod” on the President of the Synod. If he determines that
convention business is of such significance and/or complexity that
it will require pre-convention informational meetings, calling and
arranging such meetings is his prerogative.
Question 2: May informational meetings designed to assist delegates understand the issues, such as these are described,
preclude alternate delegates or interested visitors
from attendance? If so, based upon what part of the
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