LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 3, 2004, Page 2

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Board and created two new boards to assume responsibilities previously assigned to it. The convention
amended the resolution as originally presented to the convention, eliminating a provision which would
have had the members of the new boards elected by the convention assume office immediately, rather
than September 1 as is generally provided in Bylaw 3.59 b. The new Board for University Education
(BUE) and the new Board for Pastoral Education (BPE) therefore come into existence as of September 1,
2004, rather than upon passage of the resolution as would have occurred under the resolution as originally
presented, and the BHE/CUS Board continues to exist until that date.
As indicated in background information related to the question presented, the BHE/CUS Board has been
in the process of selecting a new executive director for some time. To the extent that the historic efforts
of the BHE/CUS Board will assist the newly formed BUE and BPE in determining whether to create
similar positions under the new boards, and in selecting executive directors for those newly created
boards if they choose to do so, it is expected that the experiences, work, and information generated will be
passed on to the new boards for their consideration and benefit. To the extent that the BHE/CUS Board
needs to call a new executive director to complete its work through August 31, it may certainly issue such
a call or make other appropriate arrangements to complete its assigned duties through that date. The
question presented, however, is whether the BHE/CUS Board has the right to call a new executive
director for the Board for University Education. It may not, any more than it may call an executive
director for the Board for Pastoral Education.
In considering the prior work and information gathered by the BHE/CUS Board, as well as any
recommendations from the BHE/CUS Board that the new boards may choose to consider, each of the
newly constituted boards will of necessity need to consider independently its responsibilities under the
new structure, and each board will need to consider independently what officer and/or executive director
positions will best suit its assigned responsibilities. To the extent that one of the newly created boards
chooses to create an executive director position, it will need to comply with Bylaw 3.69 and particularly
Bylaw 3.69 e in that process:
Every board, commission, and synodwide corporate entity shall operate under synodical
Human Resources policies. Such policies may recognize the unique character of the
operations of each board, commission, and synodwide corporate entity. Every board,
commission, and synodwide corporate entity may create officer and executive staff positions
and fill the same in accordance with such policies. The chief executive of such board,
commission, and synodwide corporate entity shall serve at the pleasure of the governing
board. The governing board of each executive shall conduct an annual review and, before the
expiration of five years, conduct a comprehensive review. At the conclusion of each five
year period, the appointment shall terminate unless the governing board takes specific action
to continue the person in the office. The slate of candidates for the initial appointment of the
executive officer of a board, commission, or synodwide corporate entity shall be selected by
the board or commission in consultation and mutual concurrence with the President of the
Synod.
In this regard, the newly created boards will also need to refer to Bylaws 1.07 d and e, 3.101 C 4,
and 3.950 for guidance.
287. Status of Ongoing Dispute Processes in Light of Convention Action (04-2399)
In an E-mailed letter dated July 20, 2004, a District President asked for a decision regarding the
disposition of a current dispute resolution case in his District in light of actions taken by the 2004
convention of the Synod.

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