# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_August 30 1990_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

The third question related to voting by the district president. The college president had stated that only the
district president could vote as a regent and not a substitute (example, a vice-president). An opinion on
this matter was requested.
It was finally noted that for over a year there had been three members of the Board of Regents who were
members of a single congregation. The question was asked as to whether the Synod's Handbook did not
limit this to a maximum of two members from one congregation. In response, the Commission decided to
reply as follows:
You have asked the question of whether a resolution stating that two. members of the Board of
Regents who were appointed by the Board of Regents would not be allowed to vote on either their
reelection or replacement when their term expired and that only "elected" members could vote was a
valid resolution.
In response, the Commission would first note that the bylaw indicates that all members of the Board
of Regents, with the exception of the district president, are elected to their position either by the
synodical convention, the district convention, or the Board of Regents. None are appointed, and the
district president is not elected to the board but is an ex-officio member. The Commission concludes
that there is no bylaw preventing the incumbent Board of Regents members previously elected by the
Board of Regents from voting for their successors. The synodical Handbook is silent on the matter.
You have also asked when the term of members elected by the Board of Regents expires and whether
they continue to serve until such time as they are replaced. In response, the Commission replies that
the term of Board of Regents members expires on the last Sunday in September of the third year
following their election, Bylaw 3.59,b. It is correct to state that until Board members or officers are
replaced the incumbents ordinarily continue to serve. Unless the local handbook specifies otherwise,
this procedure should be followed.
You have further asked whether only the district president may vote as a regent and not a substitute
(example, a vice-president). In response, the Commission states that, again, unless a local handbook
specifies otherwise, it would appear, on the basis of Bylaw 6.01,b that a district president could be
represented by a vice-president whom he designates as his standing representative, also in the matter
of voting as a regent.
Finally, you have asked whether the Handbook of the Synod limits membership on a Board of
Regents to a maximum of two members from one congregation. In response, the Commission refers
you to Bylaw 6.01,c which states, "All members must hold membership in a member congregation of
the Synod, and not more than two of the elected members shall be members of the same
congregation." The Commission notes that the reference is to two of the "elected" members of the
Board of Regents. As noted above, the district president is not an elected member of the board but is a
member of the board "ex-officio"
41. Confessional Article -- Lutheran Church--Canada (Ag. 1897) : The Secretary of Lutheran Church-Canada had contacted the Commission on Constitutional Matters stating that a resolution titled "To
Amend Article II of the Constitution of Lutheran Church- Canada " had been referred by the convention
of that church body to the Commission on Constitutional Matters and Structure of that church for
consideration. In considering it, the Commission had adopted the following resolution:
Resolution 90:1.03 "To Amend Article H."