LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 22, 1998, Page 1

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part of the "production facilities," it is one of the designated functions of the BCS and cannot be
removed from the BCS without a change of the bylaw by a convention of the Synod.
2.

Question Inasmuch as the Executive Director of the Board for Communication Services, as part of
his divine call and staff assignment, has been given the responsibility to provide direction and
supervision for the operations of the video studio, is it not beyond the authority of the Board of
Directors to remove this responsibility from him without the request and consent of the BCS and
without acceptable changes in the position description of its Executive Director? If so, must not the
reported action be rescinded or declared null and void?
Response: The governing board of the BCS, as well as the governing board of any other program
board, establishes the duties and responsibilities of its own executive officer. Bylaw 3.191, e,
authorizes the Synod's Board of Directors to "call up for review, criticism, or suggestion any policy of
a ... board..." Bylaw 3.191, b, also directs the Board of Directors of the Synod to "communicate to (a)
board or commission suggestions for improvement." It is beyond the authority of the Board of
Directors of the Synod to alter the duties and responsibilities of the executive officer of a program
board.
3. Question: Does synodical policy permit division heads to have the title of "Executive Director," a title
ordinarily reserved for the principal staff person of a board or commission?
Response: The Bylaws of the Synod are silent on this issue and thus the Commission expresses no
opinion on the matter.
4. Question Does synodical policy permit a board or commission to have three " executive directors" at
one time, particularly when clear principles to guide their interrelationship and their relationship to
the board or commission have not been established?
Response: Bylaws 1.07, d, and e address the relationship between a board or commission and its staff.
Each board or commission establishes the organization of its own staff. Bylaw 3.69, e, states: "Every
entity may create officer and executive staff positions and fill the same in accordance with such
(Human Resource) policies. The executive officer of each entity must also be approved by the
President of the Synod." Thus each program board must designate its principal executive officer who
must be approved by the President of the Synod before assuming the duties of his office.
5. Question: Since the proposed BCS division heads would not be serving in "positions requiring called
ministers" (cf. Bylaw 3.950) or roster status, and would not be serving as the chief executive officer
of the BCS (cf. Bylaw 3.69 e), does synodical policy permit the present BCS to appoint these division
heads without the approval of the synodical president?
Response: An ordained minister or a commissioned minister who is to serve on the staff of a
synodical board or commission must receive a solemn call. Such call shall be extended only after
there has been consultation with the President of the Synod by the respective board or commission
(Bylaw 3.950). As stated in the answer to Question 4 above, the executive officer of a board or
commission must be approved by the President of the Synod. Therefore, if an individual is to serve on
the staff of a board or commission and is not to be its executive officer nor is an ordained or
commissioned minister, approval is not required by the President of the Synod.
6. Question The published call for nominations states that the two new BCS division heads will be
"directly responsible to the BCS" and will provide" direct staff services to the BCS," thereby
bypassing the Board's present Executive Director in their reporting relationship.