LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 16–18, 2005, Page 3

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Section 2 of Article II has also been amended to provide for the commencement of the term of office for
newly elected or appointed trustees in a manner consistent with the Foundation’s practice. However, the
proposed amendment is not consistent with Synod Bylaw 3.2.4 (a), which provides that “members of all
elected boards of the Synod shall assume office on September 1 following the convention.” The addition
of the words “except for those trustees elected by the Synod in convention” at the end of the first sentence
of Section 2 would eliminate the inconsistency. (The Commission also observes that the term of office for
elected board members provided by Bylaw 3.2.4 (six years) is not consistent with Section 2 of Article II
of the Foundation Bylaws, which provides for three-year terms of office for elected trustees.) The
amendment to Section 2 of Article II is also approved with the suggested modification.
Section 3 of Article II governing the filling of vacancies has also been amended, requiring that a vacancy
of a member-elected trustee shall be filled by election by the members. This amendment is also approved.
During the discussion of the proposed amendments, the Commission noted that proposals to recent
conventions to adopt bylaws to govern the removal of members of boards had not received attention. It
was agreed that this issue should again be brought to the attention of the Commission on Structure for its
consideration.
77. Board for Human Resources and Board of Directors Policies; Bylaw 1.5.9 (05-2430)
In July 22 and August 15, 2005 letters, the President of the Synod asked two series of questions regarding
the relationship of policies of the Board for Human Resources and policies of the Board of Directors in
light of the wording of Bylaw 1.5.9 when compared with corresponding Bylaw 3.69 (e) of the 2001
Handbook. The President also requested an opportunity to appear before the Commission. Because the
President’s request was granted and because the requested meeting took place in conjunction with the
current meeting of the Commission, it was agreed that these and related questions would be deferred to
the next regular meeting of the Commission when substantial time can be devoted to the subject.
78. Board for University Education Compliance with 2004 Resolution 8-01A (05-2431)
In a July 21, 2005 letter, an interim Executive Director of the Board for University Education asked the
following question regarding 2004 Resolution 8-01A, “To Amend Bylaws on Ecclesiastical Supervision
and Dispute Resolution” and the particular resolve of the resolution that “in consultation with the
Commission on Constitutional Matters, the Board for Higher Education shall develop and amend, as
necessary, a Standard Operating Procedures Manual which will serve as a comprehensive procedures
manual for this bylaw” (2004 Proceedings, p. 178).
Question:

In light of Resolution 8-01A, what recommendations or suggestions does the CCM offer to
University Education to be in compliance of this resolution?

Opinion: LCMS 2004 Resolution 8-01A amended the Bylaws of the Synod in regard to ecclesiastical
supervision and dispute resolution, including Bylaw 3.8.3.8.9 under the Board for University Education.
Paragraph (f) (4) of the bylaw refers to a Standard Operating Procedures Manual, stating: “All hearings
shall be private, attended only by the parties and the witnesses who can substantiate the facts relevant to
the matter in dispute. The Review Committee shall follow the procedures set forth in the Standard
Operating Procedures Manual for this bylaw to be followed in the hearing and shall establish the
relevancy of evidence so that each party shall be given an opportunity to present fully its respective
position….”
The question that is asked refers to paragraph (j) which states: “In consultation with the Commission on
Constitutional Matters, the Board for University Education shall maintain and amend, as necessary, a

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