LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 15–16, 2007, Page 5

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18. Congregational Polity (07-2511)
In a letter dated October 10, 2007, the chairman of a district’s constitution committee asked whether a
district is required to examine a congregation’s documents if they are policy-based governance documents
rather than the usual constitutions and bylaws.
Question:

Since the Constitution and Bylaws of the Synod only reference constitutions and bylaws of
member congregations, does their new policy-based governance document fall under the
same review process as their former Bylaws? Also, when a member congregation places
items that could be included in bylaws into a policy manual, does the policy manual fall
under the same review process as a constitution and/or bylaws?

Opinion: Bylaw 2.2.1 states as follows:
2.2.1 To apply for membership in the Synod a congregation shall have an approved constitution and
bylaws.
(a) The congregation shall submit its constitution and bylaws to the appropriate district
president, who shall refer such to the standing constitution committee of the district….
(b) The Constitution Committee shall examine the constitution and bylaws to ascertain that
they are in harmony with Holy Scripture, the Confessions, and the teachings and practices
of the Synod in order that any necessary changes may be made by the congregation before
the application is acted upon….
Furthermore, Bylaw 2.4.1 states:
2.4.1 A congregation desiring to retain membership in The Lutheran Church—Missouri Synod shall
continue to have a constitution and bylaws approved by the Synod.
(a) A member congregation which revises its constitution or bylaws or adopts a new
constitution or bylaws shall, as a condition to continued eligibility as a member of the
Synod, submit such revised or new constitution and/or bylaws to the district president.
(b) The district president shall refer such to the district'
s constitution committee for review
to ascertain that the provisions are in harmony with Holy Scripture, the Confessions, and
the teachings and practices of the Synod….
Nowhere in the Constitution or Bylaws of the Synod is the term “bylaws” defined. The Merriam Webster
Collegiate Dictionary—10th Edition (2000) defines “bylaw” as follows: “a rule adopted by an
organization chiefly for the government of its members and the regulation of its affairs.” Likewise, the
American Heritage Dictionary—3rd Edition (1994) defines “bylaw” as “a law or rule governing the
internal affairs of an organization.”
If in the opinion of a district constitution committee a specific policy manual or policy-based governance
document performs the function of bylaws as commonly defined, the district constitution committee has
the same responsibility to review these documents as it does those specifically denominated
“constitution” or “bylaws.” It is the function of the document, not its specific title, which determines
whether it shall be reviewed by the district constitution committee.
The Secretary of the Synod was asked to incorporate into his orientation materials for district constitution
committees a discussion of the responsibilities of the committees as discussed in this opinion.

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