LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 4–5, 2022, Page 2

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ability to use an executive committee as there specified. This convention-time change is also, therefore,
confusing.
The commission recommends that the district board of directors avail itself of Bylaw 3.9.2.2.3 (b) to, by its
two-thirds vote, restore the language struck by the convention-time amendments to the district’s bylaw
revisions, as identified above. In any case, the Bylaws of the Synod control, rendering these deletions of no
effect.
The district is thanked for submitting this language for review and reminded to submit a clean copy of its
bylaws for the commission’s files.
159. Bylaw Requirements for University and Seminary Calls (22-2988)
By an email of March 8, a member congregation of the Synod requested an opinion of the commission on
the following question, regarding which, pursuant to Bylaw 3.9.2.2 (b), input was solicited from the
President of the Synod, the presidents of Synod universities and seminaries, the executive director of the
LCMS Office of Pastoral Education, and the president of the Concordia University System. Several letters
describing historical practice and institutional perspectives were received, for which the commission is
grateful.
Background: Bylaw 1.2.1(a)(1) provides that: “Agencies [of the Synod] include each board, commission,
council, seminary, university, college, district, Concordia Plan Services, and each synodwide corporate
entity.”
Bylaw 2.5.1 provides that: “Congregations, association schools, agencies, auxiliaries, and recognized
service organizations of the Synod shall seek the counsel of the appropriate district president when calling
ordained or commissioned ministers.”
Bylaw 2.5.1(b) provides that: “An agency, auxiliary, or recognized service organization shall seek the
counsel of the district president who would, by virtue of the call, assume supervision of the minister (Bylaw
section 2.12). If the call is such that the district president to assume supervision is not known, the counsel
of the president of the district within which the entity is located or with which it is associated shall be
sought.”
Bylaw 3.11.1 provides in relevant parts: “(a) Members of the Synod who are appointed to positions
requiring an ordained minister or a commissioned minister shall receive a solemn call.” “(b) Other ordained
or commissioned ministers appointed to positions in the Synod shall be affirmed by the respective board or
commission through a solemn call.”
Question 1:

Under Bylaw 3.11.1 (b), does the wording “shall be affirmed by the respective board or
commission through a solemn call” mean that non-faculty staff members of a university or
seminary who are on the ordained or commissioned roster of Synod and who are appointed
to positions that do not require ordained or commissioned ministers must receive a call that
is approved at some point by the board of regents of the institution?

Question 2:

Under Synod Bylaw 3.11.1 (a), must calls for non-faculty staff members of a university or
seminary who are on the ordained or commissioned roster of Synod and who are appointed
to positions that do require an ordained or commissioned minister be approved at some
point by the board of regents of the institution?

Opinion:
Bylaw 3.11.1 is not the primary bylaw governing the respective roles of a board of regents
and seminary or university administration in the appointment of faculty, staff, or administration (see e.g.,
Bylaws 3.10.5.5 [g]; 3.10.5.6 [j]; 3.10.5.7.1; 3.10.5.7.3; 3.10.6.4 [a][4–6], [g], [i][5, 8]; 3.10.6.6 [j];
3.10.6.7.3). These bylaws render certain actions, such as the appointment of faculty or major administrators
(Bylaws 3.10.5.5 [g] and 3.10.6.4 [g]), non-delegable; that is, the specific performance required by Synod
Bylaw of the board cannot be delegated by policy or otherwise to the administration or to any other group.
CCM Minutes – November 4–5, 2022 – Page 120