LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 4–5, 2022, Page 5

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Opinion:
This language is carried over from pre-2019 language and would best be revised to reflect
amendments made to the Constitution of the Synod and Bylaws 3.1.3 and 3.1.3.1 (a). Individual members
are no longer described as “advisory members” as before, but are treated in relation to their participation as
or representation by advisory delegates at district or Synod conventions, depending on their particular
circumstances at the time. Here, based on the historical interpretation of this phrase in context, “advisory
ordained ministers” means “those not eligible to be elected as voting delegates [to the Synod convention].”
Here the addition, “and specific ministry pastors” is redundant, as these are ineligible to be elected as voting
delegates to the Synod convention (Bylaw 2.13.1 [b][1]), but their explicit inclusion here is a valuable
reminder, lest this fact be forgotten.
It is important to note that the more specific Bylaw 3.1.3.1 (c) further limits these pools, specifying that any
individuals eligible for selection under any category of Bylaw 3.1.4 to be an advisory representative is to
be excluded from the count.
Question 5:

If a district secretary is eligible to be elected as a voting delegate or to be selected as an
advisory representative under any category of Bylaw 3.1.4, does Bylaw 3.1.3.1 (c) preclude
his calling the meetings of the specified ordained and commissioned ministers to select
their advisory representatives, from facilitating their nomination or election procedures as
they require, or from certifying and reporting the result to the Secretary of the Synod as
indicated in Bylaw 3.1.3.2?

Opinion:
No. Such a district secretary may not nominate or vote (i.e., participate) in the election
process, but he may facilitate the process as specifically charged (to call the meetings of such commissioned
and ordained minister groupings [Bylaw 3.1.3.1 (a)], to receive and certify the results [Bylaw 3.1.3.2 (a)])
and may as needed to effect good order facilitate such meetings (particularly in the case of an electronic
meeting conducted under Board of Directors policy [Bylaw 3.1.3.1 (a)]).
The Commission on Constitutional Matters notes that potential unclarity in Bylaws 3.1.3–3.1.3.1 has been
referred also to the Commission on Handbook and refers this opinion to its sister commission.
161. Educational Institution Advisory Representatives, Bylaw 3.1.4.2 (a) (22-3000)
The Commission on Constitutional Matters has received a request for an opinion regarding Bylaw 3.1.4.2
(a). The Bylaw reads:
Each educational institution of the Synod shall be represented at conventions of the Synod.
(a) Educational institutions of the Synod shall be represented by one board member
in addition to the district president, by their presidents, and by one faculty member
for every 30 full-time faculty members who are members of the Synod.
Question: Since the Bylaw does not specify how the representative of the faculty is to be selected, a
variety of possibilities have been used or proposed for making this selection, such as:
1. Only LCMS rostered faculty members vote.
2. All full-time faculty members, a group which includes non-rostered LCMS faculty, some of
whom are members of LCMS congregations, but also many non-Lutheran faculty, vote.
3. LCMS rostered faculty members and faculty members who are members of an LCMS
congregation vote.
4. The President of the University, or other Administrator, appoints.
5. The selection is made by the university board of regents.
6. The selection is made by seniority or rotation or other “automatic” means.
The Commission has been asked if there is one specific method of selection that is required.

CCM Minutes – November 4–5, 2022 – Page 123