LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 15-17, 2002, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
April 15-17, 2002

10. Call to Order
The meeting was called to order by acting Chairman Walter Tesch with all members present. Albert
Marcis was asked to open the meeting with prayer. Chairman Tesch then invited the members of the
Commission to introduce themselves by sharing personal background information.
11. New Member Orientation
Chairman Tesch began the new member orientation process by sharing from personal knowledge and
experience how the Commission has functioned in recent years. He emphasized that Bylaw 3.905 governs
the activity of the Commission and detailed how opinions have ordinarily been developed and
disseminated. General discussion followed.
12. Election of Chairman
A motion was made and seconded that Walter Tesch continue to serve as Chairman of the Commission on
Constitutional Matters for the duration of the triennium. The motion carried without dissenting vote.
13. Approval of Minutes
The proposed minutes of the February 22, 2002 meeting were distributed and editorial changes were
made. Discussion followed regarding item 5. Questions re Academic Freedom for Non-Member LCMS
Faculty (02-2249). When agreement was reached and final changes were made, the Commission
approved the minutes for dissemination and publication.
14. Questions re Appointment of Interim Directors (01-2237)
The President of the Synod in an October 26, 2001 memorandum requested an opinion relating to Bylaw
3.101 C 4 and the powers and duties of the President of the Synod when interim executive directors or
interim chief executive officers are appointed.
Question 1: “When a program board, commission, or governing board of a synodwide corporate entity
appoints an interim executive director or chief executive officer, does the slate of candidates
for such an interim position require the mutual concurrence between the appointing board and
the President of the Synod?”
Opinion: The question uses the term interim executive director or chief executive officer. The Bylaws do
not use the term interim but speak only of the initial appointment of the executive officer (Bylaws 3.69 e
and 3.193) and executive director or chief executive officer (3.101 C 4).
Prior to the 1998 convention of the Synod, Bylaw 3.69 e provided that “the executive officer of each
entity must also be approved by the President of the Synod.” As recommended by the Blue Ribbon
Committee, this bylaw was amended to its present wording: “The slate of candidates for the initial
appointment of the executive officer of a board, commission, or synodwide corporate entity shall be
selected by the board or commission in consultation and mutual concurrence with the President of the
Synod.” In commenting on the proposed change the Blue Ribbon Committee Report to the convention