LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 17, 2000, Page 6

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Constitution and Bylaws of the Synod requires pastors, teachers, and other professional church workers to
obtain post-graduate education from the Synod or an educational institution approved by the Synod.
Question 7:

“Are the members of the Board of Directors and the staff of LCEF officers of the
Synod and therefore subject to the provision of the Constitution of the Synod,
Article II (A) (1), ‘The officers of the Synod must assume only such rights as have
been expressly conferred upon them by the Synod….?’”

Opinion: Article X and Bylaw 3.53 designate the officers of the Synod. The members of the Board
of Directors and staff of LCEF are not officers of the Synod.
Question 8:

“What authority has been given to LCEF to make the grant?”

Opinion: See the Opinion to Question #3 above.
Question 9:

“If such action is a violation of the Articles of Incorporation of LCEF, must the
State of Missouri be informed of such violation?”

Opinion: The answer to this question is beyond the function of the Commission as set forth in Bylaw
3.905.
Question 10:

“If a corporation that is not a synodical agency or an RSO selects a pastor of LCMS
to serve as their executive director and the pastor accepts this position with the
corporation, can he remain on the roster of ordained ministers of the LCMS?”

Opinion: See the Opinion to Question #2 above. The Commission further notes that church workers, as a
result of a recent bylaw change adopted by the Board of Directors of the Synod, may be continued on the
roster of the Synod as “Inactive Members” according to Bylaw 2.17 with “all the rights, privileges, and
responsibilities of advisory membership in the Synod as defined in the Constitution and Bylaws of the
Synod.” A church worker as described above, who serves as the executive of an independent corporation
which is not a congregation or a recognized service organization of the Synod or an entity of the Synod,
may qualify as a “non-candidate” member, that is, “one who is eligible to perform the duties of any of the
offices of ministry specified in Bylaw 2.15 but who is not currently an active member or an emeritus
member and who chooses not to be a candidate member” (Bylaw 2.17, c).
Question 11:

“Is an action by a District of the Synod ‘Accommodation Employment’ as defined in
the Synod’s Board of Directors Policy Manual #5.6.4?”

Opinion: Interpretation of board policy is beyond the function of the Commission as set forth in Bylaw
3.905. In addition, the question requires a determination of facts which likewise is beyond the function of
the Commission.
Question 12:

“Can a District of the Synod ‘adopt’ a private entrepreneurial corporation as a
ministry of the District and ‘call’ a pastor to serve as the executive director of such a
corporation?”

Opinion: See the Opinion provided to Question #1 above.
Question 13:

“If the ‘temporary call’ extended is ‘Accommodation Employment’ as defined by
the Policy of the Board of Directors of the Synod, can a pastor who accepts such a
call remain on the roster of the Synod as an active pastor?”

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