LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 10

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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 signifies 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 congregations of the Synod in the establishment and evaluation of its own
objectives, activities, and programs, in organization and administration, 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
position specified in the synodical Constitution and Bylaws, may the policies or the
administrative or governing structure of the Auxiliary or Recognized Service Organization
forbid the rostered member from duly carrying out the duties of that office, board
membership or other membership or other position as specified in the synodical
Constitution and Bylaws, or dictate for the rostered member 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 establish 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 employment with the Synod becomes bound by such governing instruments. In the same
manner, an individual who accepts a position 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 individual holds a position with the Synod and, on the other hand, also holds a
position with an Auxiliary or Recognized Service Organization, and such dual positions subject the
individual to conflicting requirements in the governing instruments of each organization, the individual
must choose which organization he wishes to remain a part of or which position he wishes to hold. The
Constitution 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 Organization 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 membership 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 Auxiliary 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 hindered from or disciplined for

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