LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 31−February 1, 2006, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
January 31−February 1, 2006
St. Louis, Missouri
117. Call to Order and Opening Prayer
Chairman Albert Marcis called the meeting to order and asked Dan Lorenz to provide an opening prayer.
The Commission reviewed the agenda for the meeting and noted additional items to be discussed, also
instructing its secretary to send a letter to the Southern Illinois District secretary acknowledging receipt of
his January 29, 2006 letter reporting bylaw revisions as suggested by the Commission in an earlier
opinion (05-2450).
118. Review of “Guidelines for the Constitution and Bylaws of a Lutheran Congregation” (04-2412)
The Commission gave final attention to its revised draft of the “Guidelines for the Constitution and
Bylaws of a Lutheran Congregation” in preparation for the meeting of the chairmen/ representatives of
district constitution committees February 1−2, 2006. The meeting will provide opportunity for mutual
discussion of the work of the district committees and for input regarding said guidelines prior to final
revisions and publication by the Commission.
119. Clarification of Bylaw 1.5.9 Term “Agency" (05-2426)
In a memo to the Secretary of the Synod dated May 23, 2005, the Executive Director of the Synod’s
Department of Human Resources asked the Commission for a clarification of Bylaw 1.5.9 and its use of
the term “agency.”
Question:

Bylaw 1.5.9 (2004 Handbook) reads: “Every agency of the Synod shall operate under the
human resources policies of the Synod. Such policies may recognize the unique character of
the operations of each.” This bylaw substitutes the word “agency” for the wording “board,
commission, and synodwide corporate entity” of its predecessor Bylaw 3.69 e (2001
Handbook). Does this change represent an expanded meaning and applicability of this bylaw?

Opinion: Upon examination of the history of this bylaw, the recommendation of the Pro Tem
Commission on Structure to the 2004 convention, and the action of the 2004 convention (Res. 7-04A), the
Commission concludes that the word “agency” (as defined by paragraph (a) (1) of Bylaw 1.2.1) when
used in the 2004 version of Bylaw 1.5.9, while it accurately reflects the verbiage of its predecessor bylaw
(2001 Bylaw 3.69 e), fails to take into account the action taken by the 2004 convention of the Synod (Res.
7-04A) which adopted wording for this bylaw that is consistent with a prior application and understanding
of Bylaw 3.69 e: “Every entity of corporate Synod and every synodwide corporate entity shall operate
under synodical human resources policies. Such policies may recognize the unique character of the
operations of each” (Res. 7-04A).
Recognizing that the term “agency” as defined in Bylaw 1.2.1 (a) (1) is broader than the intention of the
2004 convention for application of this bylaw, the Commission herewith opines that the current wording
of Bylaw 1.5.9 and its use of the term “agency” be understood to be that of the intention of the 2004
convention, and that the term “agency” in the case of this bylaw alone be understood to have the meaning:
“entity of corporate Synod and every synodwide corporate entity.” Further, the Commission requests that
the Synod’s Commission on Structure give attention to the use of the word “agency” in the current Bylaw