LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 1−2, 2006, Page 4

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about whether the individual will uphold and honor the theological positions and the
Constitution, Bylaws, and resolutions of the Synod?
Opinion: (A) Questions 1 and 2 can be answered together. In order to answer these questions, reference
should be made to the appropriate bylaws. Bylaw 3.11.1 states: “Unless otherwise specified by the board
of directors of the respective agency, all employees shall serve at the pleasure of the appointing
authorities.” Furthermore, Bylaw 1.4.6 states: “Each staff develops procedures, recommends and reviews
programs and ministries, manages programs, and recommends policy and program modifications. It
implements decisions in accordance with approved policy. (a) It is responsible to the Synod at the
national or district level in accordance with the Constitution and Bylaws of the Synod at the national or
district level, resolutions of the respective convention, and the policies of a district or any other agency to
which it is responsible…(c) A staff at the national level through its executive officer shall…(5) make dayto-day operating decisions in the administration of adopted programs in accordance with approved
policies…(12) propose staffing levels and review staff performance….” Furthermore, Bylaw 1.4.6 (d)
states: “Each executive officer shall report on staff activities and recommendations to the national Synod,
district, or agency to which that officer is responsible and, as requested, to the president of the district or
of the Synod.” There is no specific directive of the Synod dealing with the Bylaws requiring the mutual
concurrence of the President for a staff position appointment with the exception of the chief executive
officer.
Based upon the above, it is clear that the calling, contracting, or employing of staff is the responsibility of
the respective Synod agency. There is no provision in the Constitution or Bylaws prohibiting the calling,
contracting, or employing of an individual relating to his prior activities, including group membership, or
prior proclamations or teachings.
While agencies may offer contracts or calls to individuals regardless of their histories, it should be
pointed out that prior to acceptance of a position, potential staff members will be required to sign
statements that they have received, understand, and agree to abide by the conflict of interest provisions of
Bylaw 1.5.12.1 (see Bylaw 1.5.12.2). Presumably individuals as identified in the questions, in order to
fulfill their responsibilities in a manner reflecting the highest degree of integrity and honesty consistent
with the Scriptures and in order not to enter into activities detrimental to the interests of the Synod, will
have determined, in advance of acceptance, no longer to associate with groups whose theological
positions are contrary to the Synod, to publicly subscribe to theological positions of such groups, or to
publicly speak, teach, or write in a manner inconsistent with the theological positions of the Synod or to
take any other actions which may be detrimental to the interests of the Synod or its agencies. If
inappropriate activity continues, the position must be vacated pursuant to Bylaw 1.5.12.1 (b) (5).
(B) In answering question 3, reference should be made to the appropriate constitution and bylaw
provisions, together with prior opinions of the Commission on Constitutional Matters. Please note the
following constitutional provisions that are applicable:
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Constitution, Art. XI A 1: “The officers of the Synod must assume only such rights as have been
expressly conferred upon them by the Synod, and in everything pertaining to their rights and the
performance of their duties they are responsible to the Synod.”

•

Constitution, Art. XI B: “1. The President has the supervision regarding the doctrine and the
administration of…b. All such as are employed by the Synod;…2. It is the President’s duty to see
to it that all the aforementioned act in accordance with the Synod’s 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. 3. The President has and always shall have the power to advise, admonish, and reprove.
He shall conscientiously use all means at his command to promote and maintain unity of doctrine

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