# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_August 17 1984_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

It is the understanding of the Commission on Constitutional Matters that the request is for a
transcript of the "proceedings" at the time of the "meeting." Before the Commission on
Constitutional Matters can respond, it must first be determined whether there was, in fact,
testimony taken at the time of the "meeting." Without this information, it is impossible to provide
an answer to the questions which have been posed.
61. Eligibility for Nomination and Election (Ag. 1702, 1707): The Commission reviewed a question
received from the Board for Parish Services, as well as a total listing of all those who, if nominated and
elected at the 1986 convention, would be serving terms which exceed 12 years. The Commission stated as
its opinion that, unfortunately, it appears from Bylaw 2.59, b, such persons would not be eligible for
nomination and election. However, it noted that exceptions have been carved out in the past as, for
example, Resolution 5-03A (synodical convention 1983), which allowed for Board of Directors' members
to be nominated and elected to periods of service which would not exceed 15 years. The Commission,
therefore, urged that the Committee for Convention Nominations, if they feel so motivated, should
introduce a resolution for clarification to the 1986 convention of the Synod. It further stated that, in its
opinion, the convention had expressed its sentiment regarding the 15 year limit, and that any whose terms
would exceed 15 years, if nominated, should be declared ineligible.
62. Vice-President on Both Seminary Boards of Regents (Ag. 1704): A question had been raised
regarding the eligibility of Dr. Gerhardt Hyatt to serve as a voting member on the Board of Regents of
two seminaries in addition to his elective office as Vice-President. In response, the Commission
determined to reply that the question was indeed an interesting one. In reducing all of the questions as the
Commission understands them, the major question is, "Is, in fact, the Vice-President of the Synod, who
serves on two boards of regents, in violation of Bylaw 2.73, in that he is conceivably holding one elective
and two appointive positions?" In response, the Commission ruled as follows:
a) Because of the unique characteristics of the Office of Second Vice-President held by Dr.
Gerhardt W. Hyatt and its lack of specific responsibilities for any other purpose than to assist
the President, it is doubtful whether the spirit of 2.73 is in reality being broken.
b) The Commission notes that 2.73, c, in the only instance so allowed in the Handbook, grants
the President power to resolve any such doubtful cases. The President, exercising such
discretion, has obviously decided in the best interests of the Synod to have one vice-president
serve as his liaison with both seminaries.
One of the duties of the Office of Vice-President is to sit on a Board of Regents of the
seminary. The number of those eligible for such service is extremely limited. It is therefore
quite possible that a vice-president may be asked to serve on more than one board.
c) As to the other questions raised, Canadian law precludes anyone who is not a Canadian
citizen from serving on the Board of Regents of the Saint Catharines Seminary. Therefore, in
this case, the vice-president is nothing more than a representative of the President of the
Synod. In regards to the Colloquy Committee, it should be noted that this is not an office, but
a Standing Committee on Colloquy for the Pastoral Ministry, assisting the Board for
Professional Education Services.
63. Actions of BPES and President Regarding Fort Wayne (Ag. 1706): A question had been raised
regarding the constitutionality of actions of the Board for Professional Education Services and the
President of the Synod on the basis of a report appearing in an unofficial publication. The Commission
ratified the reply of the Secretary, which indicated that the Commission would not ordinarily act on a
mere news report from an unofficial periodical, and that a reference should be made to the specific bylaw
or bylaws which have supposedly been violated.