LCMS Convention Workbook St. Louis, Missouri — 2004, Page 343

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 343

ing committee ‘whose chairmanship the congregation might wish
to restrict to men.’” The Commission’s “GUIDELINES for the
Constitution and Bylaws of a Lutheran Congregation” incorporates
this and earlier convention decisions of the Synod (1969 Res. 2-
17; 1971 Workbook, p. 244; 1981 Res. 3-11). .

Adopted Oct. 21-22, 2002

Relationship of Synod
to Auxiliary Organizations (02-2289) .

A pastor of the Synod, in a July 24, 2002 letter to the Commis-
sion, asked a series of questions regarding the relationship of the
Synod to auxiliary organizations and their operations, especially as
pertains to rostered members of the Synod employed by such orga-
nizations.

Question 1: Are the Constitution, Bylaws, policies, administra-
tion and activities of an Auxiliary or Recognized Service Organi-
zation required to be in conformity with and defer to the Constitu-
tion and Bylaws of Synod?

Opinion: The answer to this question is: No. While Bylaw 13.01
c 6 requires that an Auxiliary shall “honor and uphold the doctrine
and practice of The Lutheran Church—Missouri Synod as set forth
in the Scriptures and the Lutheran Confessions,” and while Bylaw
13.01 a 2 requires that an Auxiliary “identifies itself with the
Synod,” the latter bylaw also states that an Auxiliary “is not a part
of the Synod’s constitutional structure.” Bylaw 13.01 a 4 provides
that an Auxiliary “...operates with freedom and self-determination
as a ministry and is independent of the Synod in its organization
and administration, in the establishment and evaluation of its own
objectives, activities, and programs, and in financial matters, while
complying with the responsibilities outlined in Bylaw 13.01.”

Regarding a Recognized Service Organization, while Bylaw
13.03 a provides that “the granting of recognition by the Synod sig-
nifies that a service organization, while independent of the Synod,
fosters the mission and ministry of the church, engages in program
activity that is in harmony with the programs of the boards of the
Synod, and respects and does not act contrary to the doctrine and
practice of the Synod,” Bylaw 13.03 b provides that “under the
governance and policies of its own board, a Recognized Service
Organization operates with freedom and self-determination as a
ministry organization independent of the Synod or Districts or con-
gregations of the Synod in the establishment and evaluation of its
own objectives, activities, and programs, in organization and ad-
ministration, and in financial matters.”

Question 2: If a rostered member of the Synod who is employed
by an Auxiliary or Recognized Service Organization has also been
elected or appointed to an office, board membership or other posi-
tion specified in the synodical Constitution and Bylaws, may the
policies or the administrative or governing structure of the Auxil-
lary or Recognized Service Organization forbid the rostered mem-
ber from duly carrying out the duties of that office, board member-
ship or other membership or other position as specified in the
synodical Constitution and Bylaws, or dictate for the rostered mem-
ber in carrying out such duties additional stipulations which are not
specified in the synodical Constitution and Bylaws?

Opinion: The Synod, an Auxiliary, and a Recognized Service
Organization are separate organizations. Each has the right to es-
tablish its own governance. The Constitution and Bylaws of the
Synod are the governing instruments of the Synod. Each individual
by accepting an elected or appointed office, a staff position, or em-
ployment with the Synod becomes bound by such governing in-
struments. In the same manner, an individual who accepts a posi-
tion with an Auxiliary or Recognized Service Organization
becomes subject to the governing instruments of such Auxiliary or
Recognized Service Organization. If, on the one hand, an individ-
ual holds a position with the Synod and, on the other hand, also
holds a position with an Auxiliary or Recognized Service Organi-
zation, and such dual positions subject the individual to conflict-
ing requirements in the governing instruments of each organiza-
tion, the individual must choose which organization he wishes to
remain a part of or which position he wishes to hold. The Consti-
tution and Bylaws of the Synod do not impose any limitations on

an Auxiliary or Recognized Service Organization enforcing the
terms of its governing instruments in such situations.

Question 3: May an Auxiliary or Recognized Service Organiza-
tion take disciplinary action against a rostered member of the Synod
in its employ who has been elected or appointed to an office, board
membership or other position specified in the synodical Constitution
and Bylaws for duly carrying out the duties of that office, board mem-
bership or other position as specified in the synodical Constitution
and Bylaws?

Opinion: The answer is provided in the previous opinion.

Question 4: Does becoming an Auxiliary or Recognized Service
Organization indicate agreement with, and require conformity and
deference to, the Constitution and Bylaws of Synod as regards the
Constitution, Bylaws, policies, administration and activities of the
Auxiliary or Recognized Service Organization, and does this include
a requirement that a rostered member who is employed by an Auxil-
iary or Recognized Service Organization and has also been elected or
appointed to an office, board membership or other position specified
in the synodical Constitution and Bylaws be allowed and not be hin-
dered from or disciplined for by the Auxiliary or Recognized Service
Organization, carrying out the duties of that office, board member-
ship or other position as specified in the synodical Constitution and
Bylaws?

Opinion: See the first two opinions above.

Adopted Oct. 21-22, 2002 .

Voting Eligibility of a Pastor with a Joint Call (02-2291)

In a July 23, 2002 letter to the Secretary of the Synod, a Dis-
trict Executive for Missions asked for an opinion regarding eligi-
bility to vote in District and Synod conventions when a congrega-
tion and the District jointly call a minister of religion—ordained.
The worker would serve as the called pastor of a congregation and
have duties for the District as well.

Question: If a pastor is called jointly by a congregation and the
District, is such pastor eligible to vote in District and Synod con-
ventions?

Opinion: Bylaw 3.03 states that “voting delegates shall consist
of one pastor and one layman from each electoral circuit” when
delegates are being chosen for a convention of the Synod. Article V
A states:

All organized congregations that have joined the Synod hold voting
membership. At the meetings of the Districts of the Synod every congre-
gation or parish is entitled to two votes, one of which is to be cast by the
pastor and the other by the lay delegate. At the meetings of the Synod a
number of congregations shall form a group which shall be represented by
two voting delegates, one a pastor and one a lay delegate.

Further, Bylaw 3.05 a states that ‘“‘all pastors who are not advi-
sory members under Article V B of the Constitution shall be eligi-
ble for election” as delegates to a synodical convention, and Bylaw
4.21 states that “the convention of the Districts shall be governed
by the Bylaws adopted by the Synod for its conventions, insofar as
these may be applicable.”

Since neither the Constitution nor the Bylaws of the Synod
draw any distinction between those ministers of religion—ordained
who are called by congregations of the Synod full time and those
who are called in only a part-time capacity, a pastor who serves a
congregation in a part-time called capacity may be elected to serve
as a delegate to either a synodical or District convention as long as
the above stipulations are met.

Adopted Oct. 21-22, 2002

Use of Term “Recusal” in Dispute Resolution (02-2293)

A pastor of the Synod in a letter received August 1, 2002, sub-
mitted a request for a ruling regarding the definition of a term that
is being commonly used in conjunction with dispute resolution in
our Synod. After the pastor provided additional information re-
garding this term to aid the Commission in its decision, he identi-
fied “the exact question” that he wished to place before the Com-
mission, as follows.

2004 Convention Workbook