LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 3–4, 2009, Page 10

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an initiative or action passed by the Synod in convention? How should the officers of the
national Synod and/or the various districts of the Synod regard such a resolution?
Opinion: An agency of the Synod is defined in Bylaw 1.2.1 as follows:
(a) Agency: An instrumentality other than a congregation, whether or not separately
incorporated, which the Synod in convention or its Board of Directors has caused or
authorized to be formed to further the Synod’s objectives.
(1) Agencies include each board, commission, council, seminary, university,
college, district, Concordia Plan Services, and each synodwide corporate entity.
As defined, an agency is an instrumentality authorized, formed, or created by the Synod in order to fulfill
or further the Synod’s objectives. As suggested by the questions, a district is certainly an agency of the
Synod.
Bylaw 1.4.1 describes the relationship of the Synod to all of its officers and agencies:
The delegate convention of the Synod is the legislative assembly that ultimately legislates
policy, program, and financial direction to carry on the Synod’s work on behalf of and in
support of the member congregations. It reserves to itself the right to give direction to
all officers and agencies of the Synod [emphasis added]. Consequently, all officers and
agencies, unless otherwise specified in the Bylaws, shall be accountable to the Synod for
all their actions, and any concerns regarding the decisions of such officers or agencies
may be brought to the attention of the Synod in convention for appropriate action. This
provision does not apply to specific member appeals to the Concordia Plans, which has
its own appeal process for such cases.
Certain agencies of the Synod, including districts, have particular authority to make recommendations to
the Synod through its national convention. In doing so, however, agencies of the Synod, including
districts, are not allowed to ignore or overrule the decisions of the Synod, but rather to influence or seek
to influence the Synod through its conventions. Bylaw 1.4.2 reads as follows:
The delegate convention of each district of the Synod receives reports and counsel from
the national Synod, makes recommendations thereto, assists in implementing decisions of
the Synod, and adopts or authorizes programs to meet the unique needs of the district.
With respect to districts as agencies of the Synod, districts hold a special relationship to the Synod. As
indicated in Bylaw 4.1.1: “The Synod is not merely an advisory body in relation to a district, but
establishes districts in order more effectively to achieve its objectives and carry on its activities.” Bylaw
4.1.1.1 is even more explicit as it relates to districts: “A district is the Synod itself performing the
functions of the Synod. Resolutions of the Synod are binding upon the districts.” Bylaw 1.3.6 makes clear
a district’s responsibility over against resolutions of the Synod: “Districts and circuits as component parts
of the Synod are obligated to carry out resolutions of the Synod and are structures for congregations to
review decisions of the Synod, to motivate one another to action, and to shape and suggest new
directions.”
Some resolutions of the Synod are intended to require participation by every agency of the Synod. Others
are intended to encourage, but not require, participation by agencies of the Synod. Yet others may identify
specific goals or objectives of the Synod, leaving to agencies of the Synod to determine whether or not
the initiative falls within their area of expertise or responsibility.

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