LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 31−February 1, 2006, Page 2

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1.5.9 and recommend an appropriate action to the 2007 convention of the Synod to clarify the bylaw’s
verbiage, taking into account the history of this bylaw, the recommendation of the Pro Tem Commission
on Structure to the 2004 convention, the action of the 2004 convention, and this opinion of the
Commission on Constitutional Matters.
120. Human Resources Policies of the Synod (05-2430)
The President of the Synod, in memoranda dated July 22 and August 15, 2005, submitted a series of
questions relating to human resources policies of the Synod. He noted the receipt by the LCMS Board for
Human Resources of a June 16, 2005 letter from the LCMS Board of Directors through the Office of the
Secretary of the Synod that communicated the Board’s perception that a recent decision of the Board for
Human Resources was inappropriate. He stated that he recognized the desire of both boards to be
responsible in all their decisions and actions but asked opinions of the Commission on the following
questions.
Question 1:

Are the policies of the Board for Human Resources, specifically policies 3.25 and 3.30
including the amendments in question, in harmony with the Constitution, Bylaws, and
resolutions of the Synod, especially since such policies relate to, among other constitutional
and bylaw references, Bylaws 1.5.9 and 3.11?

Opinion: In addition to the Commission’s responsibility under Bylaw 3.9.2.2 generally to interpret the
Synod’s Constitution, Bylaws, and resolutions upon written request of a member, the question properly
recognizes the Commission’s additional responsibility and authority under Bylaw 3.9.2.2.4 which reads:
“The Commission on Constitutional Matters shall examine in advance the articles of incorporation and
the bylaws or regulations of every agency of the Synod and all proposed amendments of such documents
to ascertain whether they are in harmony with the Constitution, Bylaws, and resolutions of the Synod.”
The Board for Human Resources is certainly an agency of the Synod, and its guidelines 3.25 and 3.30 are
therefore appropriately reviewable by the Commission to determine whether they are in fact in harmony
with the Constitution, Bylaws, and resolutions of the Synod. In fulfilling its responsibility, the
Commission must determine whether the governing documents of an agency of the Synod attempt to
allow some activity proscribed by the Synod’s governing documents or to prohibit some activity
mandated by the governing documents of the Synod. In this case, the Board for Human Resources
adopted policies which required that all candidates for Synod positions requiring a called minister be
filled in consultation with and mutual concurrence of the President of the Synod, subject to all appropriate
provisions of the Constitution, Bylaws, and other policies which apply. Human resources guideline 3.25
specifically applied to senior staff of program boards and commissions, and guideline 3.30 to Synod
corporate agencies calling and appointing staff to positions requiring an ordained or commissioned
minister of religion.
The Board for Human Resources of the Synod, although an agency of long standing referenced in various
resolutions of the Synod, was an agency created by the Board of Directors of the Synod and not by action
of the Synod in convention. Subsequent to the submission of this series of questions, the Board of
Directors in its August, 2005 meeting (page 100 of the Board’s minutes) dissolved the Board for Human
Resources, and the amendments to the Board for Human Resources guidelines 3.25 and 3.30, which are
the subject of the question submitted, were set aside to the extent that they require a concurrence of the
President of the Synod of a list of candidates. Because of the actions of the Board of Directors, the
question submitted is now no more than hypothetical. The Commission therefore believes that it would be
inappropriate to answer further this question at this time.

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