LCMS Convention Workbook St. Louis, Missouri — 2001, Page 322

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322 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

but an advisory body. Accordingly, no resolution of the Synod im-

posing anything upon the individual congregation is of binding

force if it is not in accordance with the Word of God or if it appears
to be inexpedient as far as the condition of a congregation is con-
cerned.

Bylaw 1.05 d provides as follows:

Congregations together establish the requirements of member-
ship in the Synod (Art. VI). In joining the Synod, congregations and
other members obligate themselves to fulfill such requirements.
Members agree to uphold the confessional position of the Synod
(Art. IT) and to assist in carrying out the objectives of the Synod
(Art. IID, which are objectives of the members themselves. Thus,
while congregations of the Synod are self-governing (Art. VII),
they, and also individual members, commit themselves as members
of the Synod to act in accordance with the synodical Constitution
and Bylaws under which they have agreed to live and work together
and which the congregations alone have the authority to adopt or
amend through conventions.

Whether, therefore, membership in an organization such as the Wil-
low Creek Association by a member congregation of the Synod is in vi-
olation of Art. VI of the Constitution of the Synod, and whether the or-
ganization’s strategies and resources and instructional materials may be
used hy members of the LCMS are questions that can only be answered
after an examination of the governing documents and resource materials
of the organization in light of the above-quoted Bylaws, the degree of
involvement by a member congregation in such an organization, and
the type and extent of use of its instructional materials. The authority
of this Commission is limited by Bylaw 3.905 to an interpretation of
the Synod’s Constitution, Bylaws, and resolutions. Bylaw 4.73 assigns
to District Presidents the responsibility to determine if such congrega-
tional membership and use of materials is appropriate. If there is dis-
agreement with the conclusion reached by the District President, his de-
cision may be appealed to the national convention of the Synod (Bylaw
3.73), where the congregations of the Synod deliberate such questions
and adopt resolutions which become binding upon the members of the
Synod under Bylaw 1.05.

Adopted May 5, 1999

Requests for Clarification of Bylaws 3.63 b and 3.69 ¢
re Board Nominations and Appointments (99-2147)

A pastor raised questions regarding nominations submitted by
the Synod’s program boards and appointments to staff positions in
boards, commissions, and Synodwide corporate entities. The Com-
mission addressed each question separately as follows:

Are nominations submitted by staff members of the Synod’s pro-
gram boards, that have not been submitted as a result of board action, to
be regarded as nominations “from the board ... where the vacancy oc-
curs” as required by Bylaw 3.63 b?

Bylaw 3.63 b is clear regarding the sources of nominees when
vacancies occur on synodically elected boards or commissions:

|. The board or commission where the vacancy occurs

2. The synodical President

3. The District Boards of Directors

4. The slate of candidates {rom the previous synodical convention

Each program board has two or more board members elected
by the Synod in convention. For purposes of this opinion it is as-
sumed the question posed to the Commission relates to those pro-
gram board members elected at a synodical convention, for whom
Bylaw 3.63 b is applicable.

Bylaw 3.63 b requires that “the board or commission where the
vacancy occurs” be the source of nominations. Because there is no
other Bylaw provision that modifies this requirement. a nomina-
tion by a staff member of the board where the vacancy occurs is
not valid. While the board is free to solicit recommendations from
any source, including its staff, only the board itself by specific ac-
tion may submit the name of a nominee.

Are appointments to staff posilions in boards, commissions, and
Synodwide corporate enlities valid without that appointment being a re-
sult of a plenary board action, for example, merely by action of a
board's executive committee, or even by the board’s executive officer
(cf. Bylaw 3.69 d)?

2001 Convention Workbook

The Commission assumes for the purposes of this opinion that
the term “staff positions” does not include the executive officer of
a board, commission, or Synodwide corporate entity.

Bylaw 3.69 ¢ states: “Every board, commission, and synodwide
corporate entity shall operate under synodical Human Resources
policies. ... Every board, commission, and synodwide corporate
entity may create officer and executive staff positions and fill the
same in accordance with such policies.” Thus the creation of the
position must be done by action of the respective board. The man-
ner in which such position ts filled must be in accord with synodi-
cal Human Resources policies and any procedure or polictes estab-
lished by the governing board itself.

Bylaw 3.69 d sets forth the authority and limitations of an ex-
ecutive committee. There is no Bylaw that prohibits an executive
committee from making appointments to staff positions previously
created by action of the governing board. Such authority, however.
must be predicated upon specific authorization from the governing
board and must not be in conflict with synodical Human Resources
polictes. The Bylaw also requires that all such executive committee
actions be reported to plenary sessions of the governing board.

Adopted May 5, 1999

Questions re Receiving Charges against Workers
and re Required Hymnals for LCMS Congregations
(99-2148)

The First Vice President of the Synod raised two issues that had
come to his attention while carrying out his duties as an officer of
the Synod. The first refers to charges filed with or against a Dis-
trict President by an individual who was at one time a member of a
congregatton of the Synod but who no longer holds that member-
ship:

Do individuals in The Lutheran Church-—Missouri Synod who are
responsible for dealing with charges filed against workers consider
charges filed by individuals who are not members of congregations of
the LCMS?

Bylaw 2.27 requires that ali allegations that could lead to the
cxpulston of a member of the Synod under Art. XIII of the Consti-
tution shall be investigated. ordinarily by the appropriate District
President or his representative (paragraph a), or by those individu-
als who are responsible for dealing with charges filed against
church workers in certain other circumstances, namely, the Prae-
sidium of the Synod (paragraph b) or the President of the Synod
(paragraph g).

Bylaw 2.27 a clearly states that “any person” may forward such
complaints in writing. The answet to the question subinitted to the
Commission is, therefore, “yes.” Individuals who are responsible
for dealing with charges filed against workers must consider
charges filed by any person. including individuals who are not
members of congregations of the LCMS. so long as the require-
ments of Bylaw 2.27 a are met.

Do Art. VI of the Constitution and Bylaw 3.929 indicate that The
Lutheran Hymnal and Lutheran Worship are the only hymnals to be
used in worship services of LCMS congregations?

The answer to this question is “no.” The Constitution and By-
laws of the Synod do not require that The Lutheran Hymnal and
Lutheran Worship be the only hymnals used in worship services of
LCMS congregations. Res. 3-01 of the 1979 synodical convention,
“To Adopt Lutheran Worship as an Official Hymnal of the
LCMS.,” for example, encourages but does not require the use of
the new hymnal:

Resolved, That The Lutheran Church—Missouri Synod (LCMS) in
convention adopt Lutheran Worship as an official hymnal of the LCMS
(the general contents of the book are appended to this resolution). and
be it further

Resolved, That the congregations of the LCMS be encouraged to
use Lutheran Worship as their service book and hymnal.

It is also clear from the Constitution and Bylaws of the Synod,
however, that great care must be taken in the selection and use of
worship materials in LCMS congregations. Art. VI 4 stipulates that
one condition for acquiring and holding membership in the Synod