LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 15-17, 2002, Page 14

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Opinion: Bylaw 2.27 charges each District President with the responsibility to conduct a thorough
investigation when facts which could lead to the expulsion of a member from the Synod under
Constitution Article XIII are presented to him or have otherwise become known to him. It is his personal
responsibility to investigate whether the allegations can be substantiated and whether the facts form a
basis for expulsion. The Commission assumes that one purpose of said policy of the Council of Presidents
would be to provide some uniformity as District Presidents carry out this responsibility. However, the
responsibility to make these Bylaw 2.27 decisions remains with the President of that member’s District in
each case.
Question 3: “Also in the letter it is stated that this policy is contained in a Manuel (sic) that is meant for
internal use only by the ecclesiastical supervisors of our Synod. Is it proper in the LC-MS to
have policies, especially ones that call for the dismissal of a pastor from the Synod, that are
kept secret except for a select few to know?”
Opinion: Policies adopted by an agency of the Synod set forth the internal operating procedures of that
agency. Such policies have no force beyond that agency. They are subordinate to the Constitution and
Bylaws of the Synod. They are not approved by the Synod but only by the agency that adopts the policies.
Bylaw 3.905 sets forth the function of the Commission on Constitutional Matters. Included in those
functions is the duty to interpret the Synod’s Constitution, Bylaws, and resolutions. The Commission does
not have the authority to interpret policies that are adopted from time to time by the agencies of the
Synod.
29. Suggestions to the Commission re Legal Counsel
It was suggested from several sources that the Commission on Constitutional Matters, as a matter of
regular practice, seek advice from the legal counsel of the Synod before issuing its rulings.
After discussion, the Commission responds that Bylaws 3.903 and 3.905, which govern the membership
and functions of the Commission on Constitutional Matters, make no mention of additional legal counsel.
The Commission notes that the membership requirements of the Commission already provide for legal
counsel, since two of its members are required to be lawyers. In addition, the Commission always retains
the right to ask for input from other sources as necessary, which on occasion may include the legal
counsel of the Synod. Therefore the Commission recognizes no need to do as suggested.
30. Clarification of Eligibility for Office (00-2265)
The Secretary’s Office of the Synod, in preparation for the nominating process for the 2004 convention,
requested an opinion of the Commission in response to a question that has arisen regarding the eligibility
of certain members of boards of regents.
Question:

“According to Bylaw 6.01, d, college and university boards of regents members may be
elected or appointed to serve a maximum of three consecutive three-year terms (three-year
terms for synodically elected boards of regents members will take effect with the 2004
elections). Regents elected in 2001 are serving a six-year term. If they had already served a
three-year term (1998-2001), are they eligible to serve another term (three years if elected in
2004) which will total twelve years?”

Opinion: The Commission notes that a similar question prompted a November 9, 1990 opinion by the
Commission (Ag. 1902) in which the Commission concluded that the number of years served rather than
the number of terms served was determinative. In light of this opinion, the Commission responds that
board of regents members who have served terms of three and six years will have served the maximum

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