LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 22, 2004, Page 3

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meeting at the opening of the meeting but the chairman rules against the objection
and it is upheld, what is the validity of any decisions that are made at the conference
call meeting conducted under the protest?
Question 3:

If one or more of the members of a board of regents object to a conference call
meeting at the opening of the meeting but the chairman rules against the objection
and it is upheld and the chairman restricts open discussion between members of the
board of regents during the meeting, what is the validity of any decisions that are
made at the conference call meeting conducted under the protest?

Opinion: Similar board procedural matters have been addressed in CCM Opinions 02-2287 (October 2122, 2002) and 02-2268 (June 10-11, 2002). The opinion set forth in 02-2268 is applicable to this question
and is herewith repeated:
The functions of the Commission on Constitutional Matters are set forth in Bylaw 3.905.
Its responsibility includes the interpretation of the Synod’s Constitution, Bylaws and
resolutions upon written request of a member. Each of the colleges and universities of the
Synod are agencies of the Synod as defined by Bylaw 3.51 a. Each such college and
university is governed, subject to general policy set by the Synod, by a Board of Regents
as directed by Bylaw 6.01. The Board of Regents must conduct its business in accordance
with accepted parliamentary procedures, whether contained in rules adopted by that
agency within its own bylaws or other governing documents, or consistent with other
accepted parliamentary procedure. The Commission does not have copies of the Bylaws,
rules of order, standing rules, or other organizational documents of the Board of Regents
in question, and its authority is also limited under Bylaw 3.905. The Commission is
unable to answer further the question posed.
Opinion 02-2287 noted further:
Upon review of that opinion [02-2268], the Commission realizes it may have misled the
member who asked the question in that the opinion inferred that the Commission had the
authority in rendering an opinion to review the rules of order, standing rules, or policy
manual of a board of regents. It does not. The Commission is unable to provide an answer
because it has no authority to review the provisions of a policy manual and such review
would be imperative to a resolution of the issue.
256. Authority of Council of Presidents to Place Requirements upon Candidate Placements (042384)
A pastor of the Synod in a letter received by the Commission on February 20, 2004, asked the
Commission for an interpretation of the bylaws governing the authority of the Council of Presidents
to place specific requirements upon the placement process of the Synod.
Question:

Does the Council of Presidents have the constitutional authority to require that the wives
of prospective pastors of the LCMS be members of LCMS congregations before their
husbands can be considered for placement in congregations of the Synod?

Opinion: The authority of the Council of Presidents in regard to the first call of a graduate or a candidate
who has satisfactorily completed an approved synodical colloquy program, is limited to the assignment of
the first call.

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