LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 10-11, 2002, Page 9

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requesting clarification regarding matters pertaining to Circuits and Circuit Forums in Chapter V of the
Synod’s Bylaws.
Question:

“Is the definition of a Circuit given in Synod Bylaw 5.01 (i.e. –3.05 Electoral Circuit) to be
applied to every occurrence of the word Circuit in Chapter V of the Synodical Bylaws? If not,
in which instances in Chapter V is the word Circuit used with a different definition?
Specifically does the definition of Circuit in Synodical Bylaw 5.01 apply to Bylaw 5.03, 5.31,
5.33, 5.35, & 5.37, so that only Electoral Circuits, that is, Circuits with either sufficient
communicant membership and number of congregations to qualify, or which have been
granted an exception by the Synodical President for the previous convention, constitute a
Circuit Forum?”

Opinion: Chapter V of the Handbook of the Synod provides for “visitation Circuits,” called such by
Bylaw 3.03 when it describes an electoral Circuit as consisting “either of one or two adjacent visitation
Circuits.” The membership requirements for a visitation Circuit are provided by Bylaw 5.01. The various
functions of a visitation Circuit and its officers are provided by Bylaws 5.03−5.51. Every occurrence of
the word “Circuit” in Chapter V of the Handbook refers to visitation Circuits.
Bylaws 5.31−5.37, which refer specifically to Circuit Forums, therefore also speak of visitation Circuits.
Each congregation of a visitation Circuit is to be represented at its Circuit Forum by its pastor and one
member designated by the congregation. Among its functions, a visitation Circuit serves also as an
electoral Circuit (Bylaw 5.35), although two adjacent visitation Circuits may be joined together by a
District (Bylaw 3.03). In such case, a combined meeting of the Circuit Forums of the two adjacent
visitation Circuits will be necessary to carry out the functions of an electoral Circuit as described in
Bylaws 5.35 and 3.05. In all cases, for both visitation and electoral Circuits, specific membership
requirements must be honored unless exception is made by the President of the Synod upon request of a
District’s Board of Directors.
45. Questions re BHE/CUS Board Approval of Board of Regents Appointments (02-2274)
The Commission is currently considering a request for an opinion regarding the relative authority and
relationships of college and university boards of regents and the BHE/CUS Board. That decision is
pending (02-2270). In a June 7, 2002 memorandum, the Executive Director of the BHE/CUS Board
submitted the following separate question with an urgent request for a more immediate response.
Question:

“In the area of initial appointments to seminaries and to colleges/universities of theology
faculty members, what is the role of the Board for Higher Education over against the local
Boards of Regents in granting prior approval for theological faculty? How do the approvals
differ?

Opinion: The appointment of faculty is governed by Bylaw 6.23 a,
The Board of Regents on recommendation of the president of the institution shall
appoint all full-time members of the faculty. The Board for Higher Education shall
require certification of theological and professional competency. All initial
appointments to seminaries and to college/university theology faculties shall require the
prior approval of the Board for Higher Education. All other initial full-time
appointments shall require prior approval of the Boards of Regents and shall include a
thorough theological review involving the District President and selected members of
the Boards of Regents.

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