# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_September 26 27 1986_S4
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

vacancy through death, declination, etc. The most closely applicable situation is found in Bylaw 2.61
which authorizes the filling of vacant positions on boards by the board itself with the approval of the
President. It is the view of the Commission that if a vacancy is to be filled, this procedure should be
followed.
The Commission is calling this matter to the attention of the Commission on Structure so that the
oversight can be corrected.
10. Legal Relationship - Component Parts of the Synod (Ag. 1781) : The Commission had received a
request from the Board of Directors asking the Commission to review the articles of incorporation and
bylaws of all component parts of the Synod, particularly the districts, seminaries and colleges, as to what
they say about the relationship of those entities to the Synod. After discussing the request, the
Commission determined to send the following letter to Chief Staff Officer of the Board of Directors
requesting more specific direction.
The Commission is writing you as executive director of the Board of Directors in response to the Board
of Directors resolution enacted May 28-30, 1986. Although the Commission does not feel it a function of
the Commission on Constitutional Matters as spelled out in 2.533, it is happy to assist the Board of
Directors in any way it can.
However, before proceeding, the Commission would request a response to two specific questions:
1. Would you please have the Board of Directors define what they consider to be the component
parts of the Synod other than districts, seminaries and colleges and, if possible, include the
name and address of the particular person to be contacted in that component part?
2. Would you please have the Board define specifically what it meant by the phrase "as to what
they say about the relationship of these entities to the Synod?"
The Commission is not clear as to the specific objectives of the inquiry and what it is hoped will be
gained from the information.
11. Bylaws to Reflect Convention Action (Ag. 1786, 1790) : At the 1986 convention, delegates adopted
a number of recommendations which had bylaw implications without adopting the bylaws for
implementing such recommendations. Included among these were the adoption of resolutions approving
the recommendations of the President's Commission on Higher Education, change of terms and tenure for
college Boards of Regents, and several other matters. In addition, the convention did not authorize either
the Secretary or the Commission on Constitutional Matters to make bylaw changes which would
incorporate the content of these resolutions.
After discussing the matter at length, the Commission concluded that it should prepare bylaws which
would incorporate the changes included in the resolutions and include a statement in the foreword to the
Handbook identifying and detailing the changes made by the Commission in view of the convention
failure to adopt bylaws incorporating the content of the resolutions.
12. Jurisdiction of Commission on Adjudication (Ag. 1787) : A circuit counselor requested an opinion
of the Commission regarding venue of a case of a pastor who had carried out certain actions in one
district which could result in his removal from the roster of the Synod and who had since that time
accepted a call into another district. The counselor asked the question as to which Commission on
Adjudication should be asked to deal with the matter.