LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 23-24, 2010, Page 3

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The question posed is whether a Recognized Service Organization (RSO) is one of the “other agencies”
mentioned in the bylaw.
In 1993 the commission responded to a similar question, i.e., whether then-Bylaw 3.809 c (2007 Bylaw
3.8.8.2.2) applied to “organizations independent of the Synod, such as the Association of Loyal
Lutheran[s], Northwest, inc.,” an organization consisting of persons who were members of Missouri
Synod congregations. The commission responded as follows:
It is obvious that the Synod cannot control the actions of individual members of member
congregations of the Synod. The Synod can, however, expect congregations and pastors
to act in conformity with the bylaw.
With this in mind, the commission concludes that while it is not specifically contrary to
the Bylaws for individuals or organizations made up of individual members of member
congregations of the Synod (other than rostered church workers who are members of the
Synod) to send missionaries, it is entirely contrary to the spirit of the bylaw. However,
the bylaw does apply to organizations or entities, whether or not related to or sponsored
by Synod, whose membership includes members of the Synod, i.e., rostered church
workers of LCMS congregations. This conclusion is indicated by Bylaw 2.39 a–c [2007
Bylaw sections 1.7 and 1.8].
It should finally be noted that there is nothing which prevents actions being taken by
groups such as those referred to above if those actions are coordinated through the Board
for Mission Services which then, in effect, becomes the sending agency.
(The commission notes that while the bylaw in question has been re-numbered, the language of the bylaw
has not changed and the above-quoted opinion has not been overruled by a convention of the Synod.)
Synod Bylaw 2.11.1 (k) gives a Recognized Service Organization the right to call rostered workers and
gives such workers the right to remain on the roster of the Synod. At the same time, Bylaw 3.8.8.2.2
requires that the Board for Mission Services “serve as the only sending agency through which workers
and funds are sent to the foreign mission areas of the Synod.” To honor these bylaw rights and
responsibilities, the Board for Mission Services, acting under Bylaw 6.2.1 (c) which allows it to adopt
additional policy, requires a commitment from the governing boards of its RSOs that before an RSO calls
rostered workers into foreign service, that RSO must consult with and receive approval from the
Executive Director of LCMS World Mission. This is entirely in keeping with the Bylaws of the Synod
and the spirit of former CCM Opinion Ag. 1969. The answer to the current question, therefore, is “yes,”
Bylaw 3.8.8.2.2 does apply to Recognized Service Organizations of the Synod.
137. Review and Summary of Former CCM Opinions Re Ecclesiastical Supervision (09-2570)
The President of the Synod in a November 5, 2009 letter made the following request of the commission:
As you are aware, CCM Opinion 02-2309 has been questioned by numerous individuals
and in resolutions adopted at a number of district conventions. While many are also
aware of additional CCM opinions that clarify Opinion 02-2309, others are either
unaware of or see as insufficient or unsatisfactory these clarifying opinions….

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