LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 22, 1998, Page 2

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a. Is not such a direct reporting responsibility for the division heads of boards contrary to synodical
policy?
b. Is not the proposed direct reporting relationship of the two BCS division heads in fact a violation
of the present Executive Director's divine call, staff appointment, and position description?
Response: Bylaw 3.183 states that each board shall elect such operating officers of the board as may
be necessary. Bylaw 1.07, e, states: "Each executive officer shall report on staff activities and
recommendations to his board or commission and, as requested, to the president of . . . the Synod."
Bylaw 3.951 addresses "common functions" of staff and states that these functions are done through
the respective executive officer (emphasis added). The Commission therefore concludes that staff
reports to its governing board thru its executive officer.
7 Question: Many, if not most, of the responsibilities of the two new BCS division heads are now
assigned to the BCS's present Executive Director as part of his staff appointment and call.
a. Is not such a removal and reassignment of the Executive Director's responsibilities in fact a
violation of his divine call, staff appointment, and position description?
b. Without appropriate convention action, and inasmuch as the Executive Director currently
enjoys the pleasure of his board as he serves in that capacity, is not the proposed removal and
reassignment of the Executive Director's responsibilities tantamount to his termination in a
manner that is inconsistent with existing synodical staff termination policies?
Response: Bylaw 3.950 indicates that all employees shall serve at the pleasure of the appointing
authorities. An executive officer of a board or commission is an employee and thus serves at the
pleasure of his board. This same bylaw indicates that if an ordained or commissioned minister is to
occupy a position, he must receive a solemn call. Whether a change in duties of an executive officer
violates his job description or solemn call depends upon the terms of such job description or solemn
call. This question makes reference to "existing synodical staff termination policies." Since such
policies are not part of the Constitution or Bylaws of the Synod, the Commission declines to express
an opinion relative thereto.
8. Question Without convention action discontinuing the present BCS and its current Executive Director
position, does synodical policy permit the current Executive Director to be considered for either of
the two new BCS division head positions, inasmuch as he already holds most of the responsibilities
proposed for both of these positions, and inasmuch as his current executive director position entails
the reporting of BCS division heads to the BCS through him?
Response: In answer to Question 4 above, the Commission indicated each board or commission must
have a single executive officer. Thus a staff alignment that eliminates the position of an executive
officer is contrary to the Bylaws of the Synod.
9. Question: Synodical policy calls for the chief executive officer of a board to be chosen by the board
under whom the executive serves, subject to the approval of the synodical president (cf. Bylaw 3.69
e). If the synodical convention discontinues the present BCS and establishes two new boards as
proposed, should not the two new boards, and not the present BCS, appoint their new chief executive
officers?