LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 5, 1999, Page 7

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Each program board has two or more board members elected by the Synod in convention. For purposes of
this opinion it is assumed the question posed to the Commission relates to those program board members
elected at a synodical convention, for whom Bylaw 3.63, b, is applicable.
Bylaw 3.63, b, requires that “the board or commission where the vacancy occurs” be the source of
nominations. Because there is no other bylaw provision that modifies this requirement, a nomination by a
staff member of the board where the vacancy occurs is not valid. While the board is free to solicit
recommendations from any source, including its staff, only the board itself by specific action may submit
the name of a nominee.
Are appointments to staff positions in boards, commissions and synod wide corporate
entities valid without that appointment being a result of a plenary board action, for
example merely by action of a board’s executive committee, or even by the board’s
executive officer (cf Bylaw 3.69d)?
The Commission assumes for the purposes of this opinion that the term “staff positions” does not include
the executive officer of a board, commission or synod wide corporate entity.
Bylaw 3.69, e, states: “Every board, commission and synod wide corporate entity shall operate under
synodical Human Resources policies . . . Every board, commission and synod wide corporate entity may
create officer and executive staff positions and fill the same in accordance with such policies….” Thus the
creation of the position must be done by action of the respective board. The manner in which such position
is filled must be in accord with synodical Human Resources policies and any procedure or policies
established by the governing board itself.
Bylaw 3.69, d, sets forth the authority and limitations of an executive committee. There is no bylaw that
prohibits an executive committee from making appointments to staff positions previously created by action
of the governing board. Such authority, however, must be predicated upon specific authorization from the
governing board and must not be in conflict with synodical Human Resources policies. The bylaw also
requires that all such executive committee actions be reported to plenary sessions of the governing board.
40. Questions re Receiving Charges Against Workers and re Required Hymnals for LCMS
Congregations (99-2148)
The First Vice President of the Synod raised two issues that had come to his attention while carrying out his
duties as an officer of the Synod. The first refers to charges filed with or against a District President by an
individual who was at one time a member of a congregation of Synod but who no longer holds that
membership:
Do individuals in The Lutheran Church-Missouri Synod who are responsible for dealing
with charges filed against workers consider charges filed by individuals who are not
members of congregations of the LCMS?
Bylaw 2.27 requires that all allegations that could lead to the expulsion of a member of the Synod under
Article XIII of the Constitution shall be investigated, ordinarily by the appropriate District President or his
representative (paragraph a), or by those individuals who are responsible for dealing with charges filed
against church workers in certain other circumstances, namely the Praesidium of the Synod (paragraph b) or
the President of the Synod (paragraph g).
Bylaw 2.27, a, clearly states that “any person” may forward such complaints in writing. The answer to the
question submitted to the Commission is, therefore, “yes.” Individuals who are responsible for dealing with