LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 24, 1998, Page 1

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187. LCMS Articles of Incorporation (Ag. 2112): At its 1998 convention the Synod adopted a change in
its Articles of Incorporation. State law requires that such changes also be approved by the Board of
Directors of the corporation and by any other group whose approval is required. The CCM is one such
group. The Commission approved the changes in the Articles of Incorporation adopted by the convention.
188. Recognized Service Organization and Dispute Resolution Process (Ag. 2115): During the 1998
synodical convention, the draft of a letter to Rev. Norman Dierking and Dr. James Kalthoff had been
prepared. The letter was in response to questions raised by the two men relative to the necessity of the use
of the dispute resolution process by a recognized service organization when there was a dispute between
that organization and a rostered member of the Synod. Final approval was given to the letter with the
directive that it be sent to Rev. Dierking and President Kalthoff. The response which was provided is as
follows:
The Commission on Constitutional Matters addresses this letter to both of you because you have asked
similar questions related to a common matter.
Reverend Dierking's letter poses two main questions:
Has the Missouri Synod granted the authority to RSOs [Recognized Service Organizations] to
extend divine calls to LCMS pastors with the understanding that RSOs can do whatever they
want to LCMS pastors without any accountability on the part of the RSOs to the Missouri
Synod for their actions?
Are LCMS pastors, who are called to serve in RSOs, still expected to remain accountable to the
Synod for their teaching and practice while ministering within the RSOs if in case (sic) RSOs
are deemed not to be held accountable to the Synod?
Doctor Kalthoff's letter asked the question:
May an ordained minister of religion of The Lutheran Church-Missouri Synod request and
receive an official hearing through the dispute resolution process of the Synod (Bylaw, Chapter
VIII), in the situation where his dispute is with a Recognized Service Organization of the
Synod? Or is the Recognized Service Organization exempt from the dispute resolution process,
which according to Bylaw 8.01 names as parties to whom this process is applicable members of
the Synod, the Synod itself, a District or an organization owned and controlled by the Synod?
(sic)
The short answer to these questions are as follows:
Unless the Synod's Board of Directors (Bylaw 14.03, d) or the board of the Synod which granted RSO
status to the entity in question (Bylaw 14.03, e) has made voluntary submission of the RSO to the
provisions of Chapter VIII of the Bylaws with respect to any called members of The Lutheran ChurchMissouri Synod a requirement for obtaining RSO status, the procedures of Chapter VIII of the Bylaws
do not apply to an RSO. Should the board of the Synod which granted RSO status find that the RSO is
acting contrary to the doctrine and practice of the Synod (Bylaw 14.03, a), the board can revoke the
RSO status it granted.
LCMS pastors serving RSOs are still accountable to the Synod for their teaching and practice, and are
to be supervised by the appropriate District President according to Bylaws 2.21ff.