To Amend Bylaws to Clarify Application of Pre-Call Consultation and Call and Be Served By(Bylaws 2.5.2–3) beyond Member Congregations

Preamble The 2019 Synod in convention in its Resolution 10-02A (B) included in Bylaws 2.5.1–3, which required congregations of the Synod to consult district presidents in call processes and to call and be served by only such ordained and commissioned ministers or candidates therefor, also “association schools, agencies, auxiliaries, and recognized service organizations” (RSOs). The Commission on Constitutional Matters (CCM Op. 20-2957, Minutes of Oct. 30–31, 2020) and Commission on Handbook (Item 19-005) have, in consultation with the Council of Presidents and the LCMS Recognized Service Organization office, noted potential unclarities or unintended implications of this requirement being inserted as it is into paragraphs that ordinarily deal with congregations. At a minimum, the “association schools, agencies, auxiliaries, and recognized service organizations” to which the language now applies need to look in a “foreign” section of the Handbook to find a regulation that applies to them. In certain areas, because of the very different sort of work done by RSOs, in particular, the language may create a certain degree of confusion regarding how it applies to positions that are not involved directly in teaching or practice of doctrine. With regard to the latter, the CCM has understood served by in Bylaw 2.5.2 to refer to “service in the sense of the distinctive functions of the pastoral office, not to service in some purely secular sense” (CCM Op. 20-2957, “Requirements for Call Processes by Agencies, Auxiliaries, and Recognized Service Organizations”). The opinion goes on: “A divine call cannot be extended by any of the listed calling entities to any person not listed under Bylaw 2.5.2’s (1), (2), or (3). Furthermore, such a calling entity cannot be “served by,” in the sense of any exercise of distinctive functions of the pastoral office, any person not listed under Bylaw 2.5.2’s (1), (2), or (3).” Agencies are by definition part of the Synod and would be precluded from calling an individual who is not a member of the Synod. This should be made explicit in Section 1.5, dealing with agencies. Requirements incumbent on auxiliaries and RSOs should be dealt with in the appropriate sections (Bylaw sections 6.1 and 6.2, respectively), not in Section 2.5, which deals with congregations and their association schools, which, by virtue of their governance strictly be member congregations, are subject to the same requirements as their constituent congregations. The commission has proposed changes that will clarify the scope of “service by” (to refer, outside of congregations and their association schools, to exercise of distinctive functions of the pastoral office) and to place the provisions in their appropriate sections. Therefore be it

Resolved, That Bylaw section 2.5 be amended as follows:

PRESENT/PROPOSED WORDING 2.5 Calling Ministers of Religion

2.5.1 Congregations, and their association schools, agencies, auxiliaries, and recognized service organizations of the Synod shall seek the counsel of the appropriatetheir respective district president when calling ordained or commissioned ministers.

(a) A congregation or association school shall seek the counsel of its own district president.

(b) An agency, auxiliary, or recognized service organization shall seek the counsel of the district president who would, by virtue of the call, assume supervision of the minister (Bylaw section 2.12). If the call is such that the district president to assume supervision is not known, the counsel of the president of the district within which the entity is located or with which it is associated shall be sought.

(c) If such a call involves multiple districts (such as by entity location or connection and/or position locale), the presidents of all such districts shall be consulted and mutually agree on which one of them will counsel the entity regarding the call and assume supervision of the worker called.

2.5.2 Congregations that are members of the Synod, as well as and their association schools, agencies, auxiliaries, and recognized service organizations shall call and be served only by (1) ordained ministers who have been admitted to their respective ministries in accordance with the rules and regulations set forth in these Bylaws and have thereby become members of the Synod; (2) candidates for the pastoral ministry who have satisfied the qualifications and requirements for assignment of first calls by the Council of Presidents acting as the Board of Assignments; or (3) ordained ministers who are members in good standing of church bodies that have been formally recognized to be in altar and pulpit fellowship with the Synod when agreements for such calls are in place.

2.5.3 Congregations that are members of the Synod, as well as and their association schools, agencies, auxiliaries, and recognized service organizations shall call only (1) commissioned ministers who have been admitted to their ministries in accordance with the rules and regulations set forth in these Bylaws and have thereby become members of the Synod; (2) candidates of LCMS colleges and universities who have satisfied the qualifications and requirements for assignment of first calls by the Council of Presidents acting as the Board of Assignments; or (3) commissioned ministers (or those holding positions comparable to commissioned ministers) who are members in good standing of church bodies that have been formally recognized to be in altar and pulpit fellowship with the Synod when agreements for such calls are in place.

2.5.4 Congregations that violate these requirements and persist in such violation shall, after due admonition, forfeit their membership in the Synod. …

and be it further

Resolved, That Bylaw 1.5.5.2 be added as follows:

PRESENT/PROPOSED WORDING Agency Operations …

1.5.5.2 When calling ordained or commissioned ministers, agencies shall seek the counsel of the district president who would, by virtue of the call, assume supervision of the minister (Bylaw section 2.12). If the call is such that the district president to assume supervision is not known, the counsel of the president of the district within which the agency is located or with which it is associated shall be sought.

and be it further

Resolved, That Bylaw 6.1.2.1 be amended as follows:

PRESENT/PROPOSED WORDING 6.1 Auxiliaries …

6.1.2.1 An organization desiring to be recognized as an auxiliary of the Synod shall satisfy the following requirements: …

(g) Seek, when calling an ordained or commissioned minister, the counsel of the district president who would, by virtue of the call, assume supervision of the minister (Bylaw section 2.12). (1) If the call is such that the district president to assume supervision is not known, the counsel of the president of the district within which the entity is located or with which it is associated shall be sought. (2) If such a call involves multiple districts (such as by entity location or connection and/or position locale), the presidents of all such districts shall be consulted and mutually agree on which one of them will counsel the entity regarding the call and assume supervision of the worker called.

(h) Call and, in any sense involving distinctive function(s) of the pastoral office, be served by only those ordained ministers or candidates designated by Bylaw

2.5.2.

(i) Call only those commissioned ministers or candidates designated by Bylaw 2.5.3.

6.1.2.2 Auxiliaries shall continue to meet the above requirements for continued recognition. …

and be it finally

Resolved, That Bylaws 6.2.1 and 6.2.2.2 be amended as follows:

PRESENT/PROPOSED WORDING 6.2 Recognized Service Organizations

6.2.1 The granting of recognized service organization status by the Synod signifies that a service organization, while independent of the Synod, fosters the mission and ministry of the church, engages in program activity that extends the mission and ministry of the Synod, is in harmony with the programs of the Synod, and respects and does not act contrary to the doctrine and practice of the Synod. …

(d) A recognized service organization shall call and, in any sense involving distinctive function(s) of the pastoral office, be served by only those ordained ministers or candidates designated by Bylaw 2.5.2.

(e) A recognized service organization shall call only those commissioned ministers or candidates designated by Bylaw 2.5.3. (df) … (subsequent subparagraphs re-lettered similarly) …

6.2.2.2 The right to extend a Synod-recognized, regular call to a rostered worker is afforded to the board of directors of a recognized service organization, provided that:

(a) theThe board’s composition contains at least the proportion of members of Synod member congregations required by recognized service organization program policies; and.

(b) theThe appropriate district president who would, by virtue of the call, assume supervision of the minister (Bylaw section 2.12) is properly consulted in the call process; and. (1) If the call is such that the district president to assume supervision is not known, the counsel of the president of the district within which the entity is located or with which it is associated shall be sought. (2) If such a call involves multiple districts (such as by entity location or connection and/or position locale), the presidents of all such districts shall be consulted and mutually agree on which one of them will counsel the entity regarding the call and assume supervision of the worker called.

(c) theThe call document is approved by the district president who would assume ecclesiastical supervision of the member as clearly stating that the organization: (1) expects that the worker will, without compromise or constraint, carry out the ministry for which ordained or commissioned, and to which called, according to the doctrine and practice of the Synod. (2) agrees to accommodate and encourage the ecclesiastical supervision of the worker by the appropriate district president. (3) submits, as an exclusive remedy, to the dispute resolution process of the Synod for the resolution of any issues arising under the divine call.

(d) theThe organization demonstrates to the district president its ability to provide for the reasonable needs of the called worker for the duration of the period of the call