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

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can serve on the board. We would interpret this provision to be a majority of those then in
office. The seven members of the BUE/CUS board may therefore lawfully conduct all
business, both as a program board and as a board of directors of CUS, provided the
necessary quorum is present at meetings.
As indicated in Opinion 04-2408, “Since the position of the chairman of the BHE ceases to exist as of
September 1, the current chairman of the BHE ceases to have authority to cast a vote in the election of a
university president after that date.” Effective September 1, however, the new BUE may convene and
conduct its assigned business. While it may choose not to convene until after the remaining members are
appointed by the CUS Council of Members or may decline to appoint a temporary chair to participate in
the scheduled CURF election, there is nothing to prevent the existing members of the BUE in proper
meeting to make such an appointment to allow the election to proceed as currently scheduled. The last
paragraph of CCM Opinion 04-2408 (“While it is important to fill the currently existing vacancy in a
timely manner, it is equally important to proceed in an orderly fashion, requiring those designated by the
Synod to act on its behalf to do so only after opportunity for due deliberation, contemplation, and the
exercise of the judgment for which they were chosen to serve.”) is simply the encouragement to follow
the orderly procedure of the above referenced bylaws, including the business of electing a chairman.
4. Adjournment
All necessary business having been concluded, the meeting was adjourned with words of benediction.

Raymond L. Hartwig, Secretary

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