LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 31−February 1, 2006, Page 4

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recognize the unique character of the operations of each board, commission, and synodwide
corporate entity. Every board, commission, and synodwide corporate entity may create
officer and executive staff positions and fill the same in accordance with such policies”
(emphasis added).
The 2004 Handbook in Bylaw 1.5.9 states, “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. (a) Every agency may create officer and executive staff
positions and fill the same in accordance with its policies” (emphasis added).
Since the underlined words above appear to be a significant change from the 2001
Handbook to the 2004 Handbook (which was to contain no substantive changes in its
reordering), is not 2001 Bylaw 3.69 e, as underlined, still the bylaw in force rather than that
amended part of 2004 Handbook Bylaw 1.5.9 (a)?
Opinion: As correctly pointed out, 2004 convention Res. 7-04A intended to make no substantive change
to the Bylaws of the Synod, while reordering the content to make it user-friendly. The issues and
standards for these revisions are more fully discussed in Opinion 05-2426, also issued today.
In 2004 Handbook Bylaw 1.5.9 (a), grammatically “its” must refer back to “every agency” at the start of
that subparagraph, whereas in the 2001 Handbook Bylaw 3.69 e, the policies which every agency was
required to follow in the creation of officer and executive staff positions, and the filling of the same, were
clearly the human resources policies of the Synod as opposed to policies of each individual agency. Were
an agency of the Synod able to avoid the human resources policies of the Synod, this would in fact be a
significant change. However, since all agencies of the Synod must follow the Synod’s human resources
policies, any human resources policies adopted by an individual agency by definition cannot violate the
Synod’s policies. 2004 Res. 7-04A therefore allows the change, since it substantively preserves the
requirements of the pre-existing bylaws.
Question 5:

Does the President of the Synod have any responsibility to see to it that the policies of the
boards and commissions of the Synod are in harmony with the Constitution, Bylaws, and
resolutions of the Synod? Does the President of the Synod have any responsibility to see
that such policies of boards and commissions are carried out? If so, under which specific
constitutional article(s) and/or bylaw(s) are these responsibilities articulated?

Opinion: The President of the Synod does have responsibility to see to it that the policies of the boards
and commissions of the Synod are in harmony with the Constitution, Bylaws, and resolutions of the
Synod. Under Art. XI B of the Constitution, the President is tasked with supervision not only of the
doctrine but also the administration of all officers of the Synod and all such as are employed by the
Synod. The article expressly directs that it is the President’s duty to see to it that all the aforementioned
act in accordance with the Synod Constitution, to admonish all who in any way depart from it, and, if
such admonition is not heeded, to report such cases to the Synod. Subsection 4 further expressly directs
the President to see to it that the resolutions of the Synod are carried out.
Bylaw 3.3.1 further details his responsibilities in these areas. The initial directive of Bylaw 3.3.1.2
requires: “The President shall oversee the activities of all officers, executives, and agencies of the Synod
to see to it that they are acting in accordance with the Constitution, Bylaws, and resolutions of the
Synod.”
Under Bylaw 1.2.1 (a), every board or commission created either by the Synod itself or by the Board of
Directors is an agency of the Synod. The Synod has created a number of boards and commissions, tasking
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