LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 3–4, 2017, Page 3

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appointment of other members (i.e., under the fourth provision). This is, of course, the literal sense of
the Bylaw: that “appointed members may not vote on the appointment of other members of the board.”
Question 2: It has been suggested that editing changes made to the bylaws between 2007 and today have
caused the current Bylaw 3.10.5.2. Do the 2007 Synodical Bylaws bear substantially the same meaning as
that suggested by the CCM at the 2007 Convention?
The change in outline of the bylaw in question appears to have occurred as part of the carrying out of
2010 Res. 8-12A, in which the Secretary of the Synod, under review by the Commission on
Constitutional Matters and with the approval of the Board of Directors, finished the incorporation in
the Bylaws of the Convention’s restructuring of the Synod (in this case, 2010 Res. 8-08A, 2010
Proceedings, pp. 161–4; see also the referenced 2010 Today’s Business, p. 280). No record of this
change in outlining, let alone of any substantive intent behind it, could be located. (Presumably it was
an attempt to reconcile the organization of this Bylaw with others designating the membership of
boards, in which each element in the numbered list refers to a category of board members—in such a
scheme, the former fifth and sixth elements had to be incorporated otherwise.) Thus it seems there is
no reason to discern any sense but that none of the appointed members (i.e., that appointed by the
Council of Presidents or those potentially appointed by the board) may vote on additional appointed
regents. The sense is the same as in 2007.
Question 3: Is the word designated in Bylaw 3.10.5.2 [2] simply a synonym of the word appointed or does
it convey a different concept than the word appointed? If the latter, would it then be exempt from the
application of Bylaw 3.10.5.2 [4]?
The words designated and appointed are not the same, nor are they the same as the word elected.
Election, in the present usage preferred for clarity’s sake by the Commission on Constitutional Matters
and Handbook, refers to election by a district or Synod Convention only. Appointment refers generally
to placement of persons in terms of office by other entities (the President, the Praesidium, the Council
of Presidents, boards of the Synod, etc.). (Cf. Bylaws 1.5.1.2 and 3.2.5–3.2.5.1.)
It is important to note that the Bylaws recognize board members that are neither elected (to that
position) nor appointed (e.g., ex officio members and their representatives on the boards of directors of
the Synod, of Concordia University System, and of Concordia Publishing House—with regard to
which, see CCM Op. 12-2662). So it is incorrect to assume that because a member is not elected, he
must be appointed.
Designation, a less formal term, does not connote a formal appointment process or a fixed term of
service. i The President designates a vice-president—perhaps, constitutionally speaking [Const. Art. XII
C 1], “upon his request”…to “represent him in [one of] his functions,” namely, with regard to Synod’s
educational institutions, to “exercise supervision over the doctrine taught and practiced in those
institutions” and to “exercise oversight over their administration” (Bylaws 3.3.1.1.1 [c] and 3.3.1.2 [a]).
Referring to 2007 Bylaw 3.8.2.5.2, above, the designation of a vice-president by the President of Synod,
the third provision, pre-existed the fourth through sixth provisions, added that year, all of which deal
with appointment. Indeed, with reference to this vice-president, the word appointed was changed to
i Seminary Board of Regents—Hyatt (Ag. 1739, 1744, A-B): An opinion expressed by the Commission regarding the eligibility for

Dr. Hyatt to serve on more than one seminary Board of Regents had been questioned. In response to this question, the Commission
stated that the issue which faced it at the inception of discussion on this issue was whether the position on the Board of Regents
was one of designation or appointment. The Commission felt that language in Bylaw 6.01 did not call for appointment but
designation, and that Bylaw 2.73 refers only to appointed positions. A designation can be changed at will since no term is specified.
There is no implication of permanency in that term, whereas appointments are generally for specified periods of time. It is the
feeling of the Commission that the President has resolved the issue in his own mind and that Dr. Hyatt is considered to be
designated, not appointed, in those positions where he casts a vote and serves as a liaison in those seminary board positions where
he is not granted a vote. The Commission further recognizes that the question which has been raised involves a matter of semantics.
Because of the importance of the question, as well as other ambiguities, the Commission will be asking the Commission on
Structure to urgently consider language clarification of the bylaws which are involved. (CCM Minutes, May 3–4, 1985)
CCM Minutes – February 3-4, 2017 – Page 22