LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 31–November 1, 2009, Page 5

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Question:

Could the provisions of Bylaw 3.8.3.8.7 of the LCMS be used as a model throughout the
Synod in implementing reductions in force?

Opinion:
Bylaw 3.8.3.8.7, like Bylaw 3.8.2.7.7, lists “reduction of the size of staff in order to
maintain financial viability in compliance with policies concerning fiscal viability” as an allowable
cause for the termination of faculty positions by the boards of regents of the Synod’s institutions of
higher education.
The intention of these bylaws in stated in the 1989 convention action that introduced “reduction in
force” into the Bylaws of the synod, that is, to provide “guidance to boards of regents regarding
termination of faculty or staff positions at synodical colleges and seminaries because of external
institutional circumstances which do not reflect on the competency or faithfulness of individuals
holding the positions” (1989 Res. 6-10 “To Add Bylaw 6.44 re Termination of Position”).
The provisions of Bylaw 3.8.3.8.7 (and 3.8.2.7.7) were not specifically intended to be used as a model
throughout the Synod in implementing reductions in force. However, the Synod has recognized the
right of other entities to eliminate positions no longer deemed necessary by the hiring entity.
126. Application of Bylaw 3.8.8.2.2 to Recognized Service Organizations (09-2568)
In a letter dated September 26, 2009, a pastor of the Synod requested an opinion of the commission
regarding the application of Board for Mission Services Bylaw 3.8.8.2.2 to Recognized Service
Organizations of the Synod. He asked the commission to take into consideration Bylaw 1.2.1 (a) and
(d) and Bylaw 6.2.1.
The commission will invite input regarding this question from the Board of Directors and the Board
for Mission Services before preparing its response.
127. Regional Gatherings (09-2569)
In an e-mailed letter dated October 21, 2009, a pastor of the Synod requested “an expedited opinion”
on a series of questions regarding “the proposed special meetings the Synod President has called prior
to the 2010 convention.
Question 1: Are the proposed regional “gatherings” in regards to the work of the Blue Ribbon Task
Force on Synod Structure and Governance to be considered “special sessions of the
Synod,” as defined/explained in Article VIIIB of the Synod’s Constitution? Or are they
something else? If not “special sessions of the Synod,” under what section of the
Constitution or Bylaws does the President of the Synod call these meetings? If these
meetings do not fall under the category of a regular Synod convention, or a special
session of the Synod, by what authority are the districts assessing their circuits for the
cost of these meetings?
Opinion: These are not “special sessions of the Synod” as defined in the Synod’s Constitution. Nor
are they early “sessions” of the 2010 convention. These are informational meetings to be attended by
those invited, especially the elected voting delegates to the 2010 convention. Synod Bylaw 3.1.9
places the responsibility “for the overall organization and operations of the conventions of the Synod”
on the President of the Synod. If he determines that convention business is of such significance and/or
complexity that it will require pre-convention informational meetings, calling and arranging such
meetings is his prerogative.

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