LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
LCMS International Center
October 21-22, 2002
69. Call to Order
Chairman Walter Tesch called the meeting to order and called on Albert Marcis to open the meeting with
prayer. All members of the Commission were present. A vacancy continues to exist due to the death of
Reverend Norman Sincebaugh.
70. Questions re CUS Board and Boards of Regents Authority (02-2270)
The Executive Director of the Board for Higher Education, in a May 22, 2002 memorandum, asked for
clarification regarding “the meaning and limits of authority of the BHE/CUS Board as the ‘governing
board’ of higher education, further stating that this question is critical since “the relationship between the
BHE/CUS Board and the Board of Regents will determine the future of accreditation for Synod’s
institutions of higher education.”
Question 1:

“Bylaw 3.401 identifies the BHE/CUS Board as the ‘governing board of the Concordia
University System.’ What does this mean? What authority and limits of authority does the
BHE/CUS Board have in respect to the oversight of the Concordia institutions?”

Opinion: Bylaw 3.401 a identifies the Board for Higher Education, a program board of the Synod, as “the
Board of Directors of the Concordia University System.” Bylaw 3.401 b provides that this board “has
authority with respect to the Synod’s colleges and universities” and “to all the Synod’s institutions of
higher education, including its seminaries.” The Synod has outlined the “overall responsibility” of the
board in Bylaw 3.409, thereby establishing its authority to supervise and coordinate the activities of the
Synod’s colleges, universities, and seminaries “as a unified system through their respective boards of
regents.” Bylaw 3.409 also establishes limits to its authority by detailing the functions of the board “in
keeping with the objectives and the Constitution, Bylaws, and resolutions of the Synod.”
Question 2:

“Bylaw 3.401 b identifies the BHE/CUS Board as having ‘authority with respect to all the
Synod’s institutions of higher education, including its seminaries.’ What does this mean?
What authority and limits of authority does the BHE/CUS Board have in respect to the
oversight of the institutions of higher education?”

Opinion: Bylaw 3.401 b identifies the Board for Higher Education as having “authority with respect to
all the Synod’s institutions of higher education, including its seminaries.” Bylaw 3.51 k defines such
supervision as “to have authority over, to direct actions, to control activities” as to the unified synodical
system. Therefore, the board has overall responsibility and the authority to direct actions and control
activities to the extent provided by Bylaw 3.409. However, the board must respect the duties that have
been expressly given to the boards of regents of each institution of higher education as delineated in
Bylaw 6.03.
Question 3:

“Bylaw 6.01 notes that ‘each college, university, and seminary of the Synod shall be
governed, subject to the general policies set by the Synod, by a Board of Regents.’ What
does this mean? What authority and limits of authority does the Board of Regents have in
respect [to] the governance of the respective institution?”