LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 28, 2002, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
August 28, 2002

57. Call to Order
Chairman Walter Tesch called the conference call meeting to order and asked Secretary Raymond
Hartwig to open with prayer. Albert Marcis was unavailable for the meeting.
58. Question re Filling of Vacancy on Commission on Constitutional Matters (02-2298)
In an August 22, 2002 e-mail letter to the chairman of the Commission, the President of the Synod asked
the following question regarding the process for filling the vacancy on the Commission on Constitutional
Matters resulting from the death of Commission member Norman Sincebaugh.
Question:

“In consideration of the circumstances..., is the President of the Synod acting within Bylaw
3.903 if, in consultation with the Vice-Presidents of the Synod, he appoints one of the
remaining eight candidates [from the original appointment process] to fill the vacancy created
by the death of Dr. Sincebaugh, or does the process of selection of candidates need to begin
anew?”

Opinion: Bylaw 3.903 c requires that vacancies on the Commission on Constitutional Matters be filled by
following the procedure set forth in Bylaw 3.903 a, namely, the initial appointment procedure. The
Commission rules that the process must therefore begin anew. Candidates for the open position on the
Commission must be nominated by District boards of directors and be presented through the office of the
Secretary to the Council of Presidents. The Council of Presidents must then elect five candidates and
present them through the office of the Secretary to the President of the Synod. The President of the
Synod, in consultation with the Vice-Presidents of the Synod, must then appoint one of the candidates to
the open position. The Commission encourages all who are involved in the process to proceed as
expeditiously as possible.
59. Adjournment
A date having been established for the next conference call meeting and all business to come before the
Commission at this meeting having been accomplished, Secretary Hartwig closed the meeting with words
of benediction.

Raymond L. Hartwig, Secretary