LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 3–4, 2021, Page 4

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in the same bylaw; thus, Bylaw 4.5.1 lists as examples of skill sets suitable for appointment: “legal, finance,
investment, administration.” Use of this provision as a pretext to augment the board for purposes other than
obtaining such skill sets would be contrary to the Bylaws of the Synod. The district is free to incorporate
the provision for appointment of additional board members as written in Synod Bylaw 4.5.1, and this
language is approved for presentation to the convention. The district is, however, not free to use the
provision for purposes other than those intended in the Synod bylaw.
105. Division of Bylaw 3.3.1.3 (g) (21-2965)
In its meeting of March 11, 2021, and in connection with its Issue 19-013A, “Language relating the Synod
President and Chief Mission Officer (Bylaw 3.3.1.3 [g]),” the Commission on Handbook requested that the
Secretary, on its behalf, pose the following question to the Commission on Constitutional Matters:
Background: Bylaw 3.3.1.3 (g) begins with the words “as ecclesiastical supervisor” but belongs to the
ecclesiastical and administrative category of Bylaw 3.3.1.3; the term “supervise,” presumably in the sense
of the definition of Bylaw 1.2.1 (u) instead of that of Bylaw 1.2.1 (j), is used subsequently in the same
subparagraph.
It has been suggested that this juxtaposition may lead to an unintended unclarity as to the nature of the
President’s supervision in each involved instance—either in regard to “[other] officers, agencies, and
national office staff” or in regard to his supervision, through the Chief Mission Officer, “of the duties listed
in Bylaws 3.4.3–3.4.3.8.” Different types of supervision appear to be contemplated within one bylaw—on
the one hand, an ecclesiastical leadership (perhaps not exactly coterminous with the ecclesiastical
supervision defined in Bylaw 1.2.1 [j]), and on the other, a supervision—while executed through the Chief
Mission Officer—likely more congruent with the definition of Bylaw 1.2.1 (u).
It has been suggested, further, that a simple division of the two sentences of Bylaw 3.3.1.3 (g) into two
subparagraphs might eliminate any potential confusion.
Question:

Can the two sentences of Bylaw 3.3.1.3’s subparagraph (g) be divided into two
subparagraphs without injury to the meaning of the language?

Opinion:
The two sentences of Bylaw 3.3.1.3 (g), introduced by 2010 Res. 8-08A, reside under the
broad scope of Bylaw 3.3.1.3: “The President shall have responsibilities and duties that are both
ecclesiastical and administrative.” This is not to suggest that each of the two sentences reflects
responsibilities that are uniformly ecclesiastical and administrative; indeed, each sentence, analyzed in
constitutional and bylaw context, has a unique character.
The first sentence reads: “As ecclesiastical supervisor, he shall provide leadership to all officers, agencies,
and national office staff of the Synod.” The responsibilities and duties involved in the “leadership” referred
to here, leadership being a term not elsewhere defined (though cf. Bylaws 1.10.4 [a]; 3.4.3.8; 3.5.1.1; 3.8.2;
and 3.8.3), are subject to the introductory clause, “as ecclesiastical supervisor,” which clearly relies on the
definition of “ecclesiastical supervision” in Bylaw 1.2.1 [j]. That is, the “leadership” expected in this
sentence relates, for example, to “the presenting, interpreting, and applying of the collective will of the
Synod’s congregations.” It might be carried out, as appropriate to the situation, by “visitation, evangelical
encouragement and support, care, protection, counsel, advice, admonition, and, when necessary,
appropriate disciplinary measures to ensure that the Constitution, Bylaws, and resolutions of the Synod are
being followed and implemented.” It does not, however, extend to “responsibility to observe, monitor,
control, or direct the day-to-day activities of individual members of the Synod, whether in the conduct of
their work or in their private lives” (Bylaw 1.2.1 [j]). [It should be noted that the supervision of doctrine
and administration of office inherent in ecclesiastical supervision is treated specifically and separately under
the language of Bylaw 3.3.1.3 (c), also introduced by 2010 Res. 8-08A: “He shall carry out his constitutional
responsibility (Constitution Art. XI B 1–4) for the supervision of the doctrine and administration of all
officers, executives, and agencies of the national office.”] The leadership described in the first sentence

CCM Minutes – December 3–4, 2021 – Page 76