LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 23-24, 2010, Page 2

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The commission also reviewed a draft of the minutes of its January 18, 2010 telephone conference call
meeting and offered suggestions for changes to be made prior to general distribution.
135.1 Interpretation of “Another Capacity” in Bylaw 3.8.3.8.7 (b) (09-2565)
In a letter dated September 14, 2009, a member of the Synod who was terminated from her position
pursuant to Bylaw 3.8.3.8.7 (reduction in force) asked the commission whether Bylaw 3.8.3.8.7 (b)
requires that such a terminated faculty member must be offered another position for which that terminated
faculty member has credentials and qualifications, whether that position is part-time, full-time, or
considered to be an adjunct position.
Question: Does Bylaw 3.8.3.8.7 (b) refer to any position, or only a full-time position? Does it apply to
part-time or adjunct positions?”
Opinion: Bylaw 3.8.3.8.7 (b) states: “The opportunity to serve the college or university in another
capacity for which the terminated faculty member has credentials and qualifications shall be offered the
terminated faculty member if such a vacancy exists at the time of termination or becomes available within
two academic years.”
In response to a question regarding reductions in force (RIF) on February 18, 1998 (Ag. 2093), the
commission stated: “Neither Bylaw 6.44 c, or 6.44 e [2007 Bylaw 3.8.3.8.7 (b) and (d)] are violated if
full-time faculty positions are terminated under a RIF policy and then replaced with part-time adjunct
faculty in the same academic field.” In that same opinion, the commission also stated: “Bylaws 6.44 c and
6.44 e [2007 Bylaw 3.8.3.8.7 (b) and (d)] are violated if, under the circumstances described, former fulltime faculty members are not offered the opportunity to teach as many of the new part-time adjunct
courses available for which former faculty members are qualified and eligible to teach.”
The answer to the question therefore is “yes” under the circumstances presented. Whether the position is
considered part-time, full-time, or adjunct, the position must be offered to the terminated faculty member
so long as the terminated faculty member is qualified for the position and the position has become
available within two years from the time of that faculty member’s termination.
136. 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 the 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 Bylaws 1.2.1 (a) and (d)
and 6.2.1.
Question:

Does Bylaw 3.8.8.2.2 in the Board for Mission Services section of the “Program and Service
Boards” section of the 2007 Handbook of The Lutheran Church—Missouri Synod apply to
Recognized Service Organizations of the Synod?

Opinion: Bylaw 3.8.8.2.2 states that the Board for Mission Services “shall serve as the only sending
agency through which workers and funds are sent to the foreign mission areas across the Synod.” This
includes calling, appointing, assigning, withdrawing, and releasing “missionaries and other workers for
the ministries and areas within its direct responsibility” (paragraph [a]). This also includes “serv[ing] as
the sending agency even though programs are supported by districts or other agencies” (paragraph [b]).
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