3.9 Commissions

3.9 Commissions

3.9.1 The commissions of The Lutheran Church— Missouri Synod are the

following:

1. Commission on Constitutional Matters

2. Commission on Doctrinal Review

3. Commission on Handbook

4. Commission on Theology and Church Relations Commission on Constitutional Matters

3.9.2 The Commission on Constitutional Matters exists to interpret the

Constitution, Bylaws, and resolutions of the Synod and ensure that the governing instruments of the Synod and its agencies are in accord with the Constitution and Bylaws of the Synod.

3.9.2.1 The Commission on Constitutional Matters shall consist of six members ,

all voting:

1. Three ministers of religion — ordained, whose terms shall be for six years renewable once

2. Two attorneys, whose terms shall be for six years renewable once

3. The Secretary of the Synod, who shall serve as the secretary of the commission

3.9.2.1.1 The Commission on Constitutional Matters shall be appointed in the

following manner:

Other than the Secretary of the Synod, candidates shall be nominated only by the district boards of directors and shall be presented to the Council of Presidents through the Office of the Secretary.

(a) The Council of Presidents shall select five candidates for each vacant appointed position and present them through the office of the Secretary of the Synod to the President of the Synod.

(b) The President of the Synod, in consultation with the vice - presidents of the Synod, shall appoint the members of the commission from the list presented by the Council of Presidents.

(c) Thereafter, the appointments shall become effective upon ratification by a majority vote of the members of the Council of Presidents.

(d) Vacancies in appointed positions shall be filled by following the procedure set forth above.

3.9.2.2 The Commission on Constitutional Matters shall interpret the Synod ’s

Constitution, Bylaws, and resolutions upon the written request of a member (congregation, ordained or commissioned minister), official, board, commission, panel, or agency of the Synod.

(a) A request for an opinion may be accompanied by a request for an appearance before the commission.

(b) The commission shall notify an officer or agency of the Synod if a request for an opinion involves an activity of that officer or agency and shall allow that officer or agency to submit in writing information regarding the matter(s) at issue.

(c) An opinion rendered by the commission shall be binding on the question decided unless and until it is overruled by a convention of the Synod. Overtures to a convention that seek to overrule an opinion of the commission shall support the proposed action wit h substantive rationale from the Constitution, Bylaws, and resolutions of the Synod.

All such overtures shall be considered by the floor committee to which they have been assigned and shall be included in a specific report to the convention with recommendations for appropriate action.

When an opinion pertains to business, legal, or property matters and the Board of Directors of the Synod concludes that such opinion of the commission is contrary to the laws of the State of Missouri, the board and the commission, or their respective repre sentatives, shall meet jointly to discuss the issue(s) and seek resolution thereof. If agreement cannot be reached on whether the matter is governed by the laws of the state of Missouri, that question shall be presented to a five -member panel consisting of three hearing facilitators (Bylaw 1.10.12) chosen by blind draw by the Executive Director of Internal Audit of the Synod from the pool of hearing facilitators; one person appointed by the Commission on Constitutional Matters; and one person appointed by the Board of Directors. At least one of the hearing facilitators shall be an attorney, and the appointees of the commission and board shall not be members of the groups that appointed them. The decision of the panel in support of the Commission on Constitut ional Matters or the Board of Directors shall be binding on the issue(s) unless and until it is overruled by a convention of the Synod.

3.9.2.2.1 The Commission on Constitutional Matters shall examine all reports,

overtures, and resolutions to the Synod asking for amendments to the Constitution and Bylaws of the Synod or which in any manner affect the Constitution and Bylaws, to determine their agreement in content and language with the Constitution and Bylaws of the Synod.

3.9.2.2.2 The Commission on Constitutional Matters shall be represented at the

meetings of national convention floor committees considering constitution and bylaw matters to ensure that they are in accord with the Constitution, Bylaws, and resolutions of the Synod.

3.9.2.2.3 The Commission on Constitutional Matters shall examine the articles of

incorporation, bylaws, and policy manuals of every agency of the Synod to ascertain whether they are in harmony with the Constitution, Bylaws, and resolutions of the Synod.

(a) Agencies intending to make amendments to articles of incorporation or bylaws shall make such intentions known and receive approval from the commission in advance.

(b) A district in convention may vote to amend its articles or bylaws provided the resolution is contingent on approval of the Commission on Constitutional Matters. The amended articles or bylaws become effective immediately upon, and only upon, approval of the Commission on Constitutional Matters. Should the Commission on Constitutional Matters not approve the adopted changes, the district Board of Directors may modify the amendments to comply with the Commission on Constitutional Matters requirements upon the ir twothirds vote.

(c) The commission shall maintain a file of the articles of incorporation, bylaws, and policy manuals of all agencies of the Synod.

Commission on Doctrinal Review

3.9.3 The Commission on Doctrinal Review exists to assist the President of the

Synod in the exercise of his responsibility that all doctrinal content in its or any of its agencies ’ materials be in accord with the Scripture and the Lutheran Confessions.

3.9.3.1 The Commission on Doctrinal Review shall consist of five members

appointed by the President of the Synod from the total number of doctrinal reviewers.

(a) The commission shall elect its own officers.

(b) The commission shall effect its own organization.

3.9.3.2 The Commission on Doctrinal Review functions in accordance with Bylaw

section 1.9 and shall meet as often as necessary to provide guidelines for the work of doctrinal reviewers and to concern itself with problem areas in the procedures of doctrinal review and appeals.

Appeals Prior to Publication

3.9.3.2.1 Appeals regarding materials not yet published may be initiated by an

author, the sponsoring group, or an executive staff member of that group and submitted to the chairman of the Commission on Doctrinal Review.

(a) Within seven business days after receipt of an appeal, the chairman of the Commission on Doctrinal Review shall inform all concerned and shall appoint three members of the commission to serve as a review panel and shall designate one as its chairman. A pan el me mber shall disqualify himself on the basis of any kind of personal involvement in the issue.

(b) The review panel shall provide a copy of the appeal to the author and the sponsoring group and invite them to provide a response to the appeal. All parties to the appeal shall be given 14 days to provide their response.

(c) To aid objectivity, the identity of author and review panel shall ordinarily not be disclosed. However, consultation may at times be necessary for clarification.

(d) In making its recommendation, the panel shall decide within 30 days whether the item in question

(1) is suitable for publication; or

(2) may be published after alteration; or

(3) may be published as a study document; or

(4) shall be denied publication.

(e) The decision of the panel shall be determined by a majority vote and shall be final so far as the Commission on Doctrinal Review is concerned. A report together with the panel ’s minutes shall be submitted to the chairman of the Commission on Doctrinal Review.

(f) The chairman of the commission shall report the decision within seven business days to the author, the original reviewer(s), the sponsoring group, and the President of the Synod.

Appeals Following Publication

3.9.3.2.2 A challenge to the doctrinal review certification of a published item may be

initiated by any member of the Synod and shall be submitted in writing via mail or personal delivery to the chairman of the Commission on Doctrinal Review.

(a) In order for the Commission on Doctrinal Review to consider a challenge, the challenger is obliged to provide specific references demonstrating how the published item is not in agreement with Scripture and the Lutheran Confessions.

(b) After receipt of the challenge, the chairman of the commission shall within seven business days inform the President of the Synod, the sponsoring group, and, if applicable, Concordia Publishing House, shall appoint three members of the commission to serve as a review panel, and shall designate one as its chairman.

(c) The chairman of the Commission on Doctrinal Review shall provide a copy of the appeal to the President of the Synod, the sponsoring group, and, if applicable, Concordia Publishing House, and offer them the opportunity to respond to the appeal within 14 day s from the date of notification.

(d) To aid in maintaining objectivity, the identity of the challenger and the identity of the panel will ordinarily not be disclosed. There shall be no publicity given to the appeal, nor an effort made to circularize the Synod on a pending appeal.

(e) The panel shall after reviewing the published material declare, within 45 days following the expiry of the 14- day response period provided in Bylaw 3.9.3.2.2 (c), whether the doctrinal review certification is affirmed or revoked based on whether the publis hed material is in agreement with the Scriptures and the Lutheran Confessions.

(f) If the panel revokes the doctrinal review certification, it must identify the part(s) of the item in need of clarification, amplification, and/or deletion in order to bring into agreement with Scripture and the

Lutheran Confessions, and withdraw the publication until such agreement is reached.

(g) The panel will appoint one of its members to be the doctrinal reviewer for the recycling of the revised material to assure the item ’s agreement with Scripture and the Lutheran Confessions if republished.

Commission on Handbook

3.9.4 The Commission on Handbook provides for the ongoing maintenance and

management of the Handbook , that is, the Constitution, Bylaws, and Articles of Incorporation of the Synod. The commission shall meet as it deems necessary but at least two times per year to carry out its assigned responsibilities.

3.9.4.1 The Commission on Handbook shall consist of eight members, five voting

and three nonvoting:

1. Of the five voting members, three shall be individual members of the Synod and two shall be attorneys. Terms of voting members shall be for six years, renewable once.

2. The Chief Administrative Officer of the Synod, the Secretary of the Synod, and an additional member of the Commission on Constitutional Matters shall serve as advisory members.

3.9.4.1.1 The five voting members of the Commission on Handbook shall be

appointed in the following manner:

(a) Candidates shall be nominated only by district boards of directors and presented to the Council of Presidents through the office of the Secretary of the Synod.

(b) The Council of Presidents shall select five candidates for each vacant position and present them through the office of the Secretary of the Synod to the President of the Synod.

(c) The President of the Synod, in consultation with the vice - presidents of the Synod, shall appoint the members of the commission from the list presented by the Council of Presidents.

(d) Thereafter the appointments shall become effective upon ratification by a majority vote of the members of the Council of Presidents.

(e) Vacancies shall be filled by following the same procedure set forth above.

3.9.4.2 The Commission on Handbook shall maintain the Handbook of the Synod.

(a) It shall assist convention floor committees when developing bylaw proposals asking for amendments to the Constitution, Bylaws, and Articles of Incorporation of the Synod or which in any manner affect the Constitution, Bylaws, and Articles of Incorporation to determine their agreement in language (terminology) with the current Handbook, thereby to maintain Handbook integrity and good order.

(b) In consultation with the Commission on Constitutional Matters, it shall revise the Handbook of the Synod immediately after each convention to bring it into harmony with the resolutions and changes adopted by the convention.

(c) It shall maintain a complete file of succeeding handbooks so that comparison can be made between current provisions and those preceding.

(d) It shall carry out assignments by conventions of the Synod relating to the Handbook.

(e) It shall respond to requests from agencies of the Synod to propose new provisions to address specific Handbook-related issues that surface between conventions. When responding to such requests, the role of the commission will be to assist requesting agenci es in formulating bylaw changes and not to develop and/or advocate specific substantive solutions or modifications to existing Handbook provisions.

Commission on Theology and Church Relations

3.9.5 The Commission on Theology and Church Relations exists to assist

congregations in achieving the objectives of Article III 1 and 6 of the Constitution of the Synod and to assist the President of the Synod in matters of church relationships.

3.9.5.1 The Commission on Theology and Church Relations shall consist of 16

voting and 4 advisory members:

Voting Members:

1. Two ordained ministers who are parish pastors

2. One commissioned minister who is a parish teacher

3. Two laypersons

4. Two additional ordained ministers (one of whom shall be a district president)

5. Two additional laypersons

6. Four seminary faculty members

7. Two additional members

8. A member from the faculties of the colleges and universities of the Synod Nonvoting Advisory Members:

9. The President and the First Vice-President of the Synod

10. The presidents of the St. Louis and Fort Wayne seminaries

3.9.5.1.1 The members of the Commission on Theology and Church Relations shall

be selected as follows:

(a) The two parish pastors, the parish teacher, and two laypersons shall be elected by a convention of the Synod.

(b) The two additional ordained ministers and the two additional laypersons shall be elected by ballot by the Council of Presidents (as in #4 and #5 above).

(c) The St. Louis and Fort Wayne seminary theological faculties shall each appoint or elect two members of their faculties (as in #6 above).

(d) The two additional members (as in #7 above) shall be appointed by the President of the Synod, in consultation with the vice-presidents.

(e) The member from the faculties of the colleges and universities of the Synod shall be appointed by the President of the Synod.

(f) Vacancies that occur in the positions that were filled by appointment shall be filled by the same appointing body.

(g) In the case of vacancies that occur in positions that were filled by election of a national convention of the Synod, the appointing body shall be the Board of Directors of The Lutheran Church — Missouri Synod, which shall follow the nominating procedures for filling vacancies in board and commission positions elected by the Synod as outlined in the Bylaws of the Synod.

3.9.5.2 The Commission on Theology and Church Relations shall assist the

President of the Synod at his request in discharging his constitutional responsibilities for maintaining doctrinal unity within the Synod.

3.9.5.2.1 The Commission on Theology and Church Relations shall provide guidance

to the Synod in matters of theology and church relations.

(a) It shall bring matters of theology and church relations through special studies and documents to the membership of the Synod and to conferences.

(b) It shall refer theological issues and questions to the proper individuals or groups of individuals for additional study.

(c) It shall suggest and provide studies of contemporary issues, including also current social issues, as they affect the church and as the church may affect such social issues.

(d) It shall foster and provide for ongoing theological education through institutes, seminars, and other means.

(e) It shall obtain and study theological treatises, conference papers, and similar documents and studies.

3.9.5.2.2 The Commission on Theology and Church Relations shall assist the

President of the Synod at his request in discharging his constitutional responsibilities for maintaining doctrinal integrity as he relates to other church bodies.

(a) It shall address itself to and evaluate existing fellowship relations for the purpose of mutual admonition and encouragement.

(b) It shall address itself to potential fellowship and/or partner church relations as follows:

(1) Formal recognition of altar and pulpit fellowship between the Synod and another church body shall be proposed at a convention of the Synod only after the approval of the commission.

(2) Formal recognition of altar and pulpit fellowship between the Synod and a small, formative, emerging confessional Lutheran church body (identified as such by the President of the Synod as chief ecumenical officer) may be declared by the Synod President only after the approval of the commission and consultation with the Praesidium. Such recognition shall be subject to the endorsement of the subsequent Synod convention.

(3) Formal recognition of a mission of the Synod as a self-governing partner church shall be proposed at a convention of the Synod by the Board for International Mission after the approval of the commission.

3.9.5.2.3 The executive committee of the commission shall, within 30 days, provide

opinions on theological matters in response to questions presented by ecclesiastical supervisors or panels as described in the dispute resolution and suspension/expulsion processes of the Synod (Bylaw sections 1.10 and

2.14– 2.17). Because these opinions are in response to a specific question, they shall carry no precedential authority beyond that particular matter.

3.9.5.3 The Commission on Theology and Church Relations shall operate under

the human resources policies of the Synod as provided by the Board of Directors of the Synod, in accordance with Bylaw 3.3.4.3.

3.9.5.3.1 The commission may create an executive director position and fill it in

accordance with the Bylaws of the Synod and the human resources policies of corporate Synod.

(a) The executive director shall serve at the pleasure of the commission.

(1) The slate of candidates for the initial appointment of the executive director shall be selected by the commission in consultation with and with the mutual concurrence of the President of the Synod.

(2) In the event of a vacancy, the commission and the President of the Synod shall act expeditiously to fill the vacancy. This commission shall present its list of candidates to the President.

(3) The commission shall conduct an annual review of its executive director and, before the expiration of five years, conduct a comprehensive review.

(4) At the conclusion of each five -year period, the appointment shall terminate unless the commission takes specific action to continue the person in the office, each subsequent term not to exceed five years.

(b) Any interim executive director appointment by the commission shall follow a process similar to the initial appointment of the executive director.

(1) Such interim appointee must be approved by the President of the Synod, and may not serve more than 18 months without the concurrence of the President of the Synod.

(2) Such interim appointee shall be ineligible to serve on a permanent basis without the concurrence of the President of the Synod.

(c) The executive director of the commission shall normally attend all meetings of the commission except when his own position is being considered.

(d) The commission may create and fill other staff positions in accordance with the human resources policies of corporate Synod adopted pursuant to Bylaw 1.5.5. Such staff may attend meetings of the commission upon request of the commission.

Fraternal and Other Organizations

3.9.5.4 The Commission on Theology and Church Relations shall assist

congregations and ordained and commissioned ministers of religion in fulfilling their commitment to witness publicly and privately to the one and

only Gospel set forth in the Holy Scriptures specifically as they carry out their responsibilities relating to membership in societies, lodges, cults, or any organizations of an unchristian or anti -Christian character to which the Synod has declared itself firmly opposed.

(a) It shall provide information and counsel concerning organizations, philosophies, and worldviews about which ordained or commissioned ministers and congregations may make inquiry relative to objectives, tenets, programs, practices, or ceremonies.

(b) It shall seek to explain the Synod ’s concerns to any organizations that are involved in religion and have unchristian or anti -Christian features, with the goal of persuading them to abandon such features.

(c) It shall prepare and disseminate periodic reports concerning new organizations, philosophies, and worldviews, changes within existing agencies, and developments relative to the world religious scene in general.

(d) It shall serve as the resource center for the Synod with reference to information on religious agencies and worldviews, publish study materials, and assist pastors and congregations in providing counsel.

3.9.5.4.1 The Commission on Theology and Church Relations shall assist the pastors

and congregations of the Synod in carrying out the policy of the Synod regarding fraternal organizations as set forth in the following guidelines.

(a) Pastors and congregations alike must avoid membership or participation in any organization that in its objectives, ceremonies, or practices is inimical to the Gospel of Jesus Christ or the faith and life of the Christian church. It is the solemn, sacred, a nd God-given duty of every pastor properly to instruct his people concerning the sinfulness of all organizations that

(1) explicitly or implicitly deny the Holy Trinity, the deity of Christ, or the vicarious atonement;

(2) promise spiritual light apart from that revealed in the Holy Scripture;

(3) attach spiritual or eternal rewards to the works or virtues of men; and/or

(4) embrace ideologies or principles that clearly violate an express teaching of the Holy Scriptures concerning the relationships of men to one another.

(b) The responsibility of diligent and conscientious pastoral care requires that pastors of the Synod do not administer Holy Communion to nor admit to communicant membership members of such organizations who, after thorough instruction, refuse to sever their affiliation with such organizations, since Holy Communion expresses an exclusive spiritual relationship of the communicant to his Lord and to his brethren (Matthew 10:32; 1 Cor. 10:6– 7; 1 Cor. 11:25). Earnest, continuous efforts should be put forth to bring individuals to a clear - cut decision regarding their contradictory confessions, in order that they may become or remain communicant members of the congregation, as the case may be.