LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 21–22, 2025, Page 17

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The first question that needs to be answered is whether “faculty members” in Bylaw 3.10.5.7 is all faculty
(president, full-time, and part-time) or some subset of all faculty. In other bylaws, when a subset of all
faculty is intended, the bylaw clearly states such (e.g., Bylaws 2.8.3 [a], 3.1.4.2, and 3.10.5.7.3). Other
instances reference faculty action (e.g., Bylaws 2.7 and 3.1.6.2). In those, because Bylaw 3.10.5.7 (b)
provides that part-time or temporary faculty are nonvoting faculty, the action would thus be done by the
full-time faculty. But in these cases, even though less than all are acting, the action is still considered that
of the faculty writ large. In Bylaw 3.10.5.5 (g), there is no set limitation on “faculty” and there is no faculty
action which could lead to an implication the full-time faculty are intended. Thus, we conclude this
provision refers to all faculty, whether president, full-time, or part-time. This conclusion comports with the
obligation of the board under Bylaw 3.10.5.1 to fulfill the mission of the seminary. Since the primary
purpose of each seminary is to teach and train those going into the ministry, the board having involvement
in the appointment of all those carrying out that education would seem to be their “fulfilling of the mission
of the seminary.”
Having established that the board of regents has a part to play in all faculty appointments, we turn now to
the specific types of faculty: Bylaws 3.10.5.6–3.10.5.6.2 set forth the procedures the board of regents is to
follow in appointing a president of the seminary. Bylaw 3.10.5.7.3 sets forth the procedures the board of
regents is to follow in appointing full-time faculty, with regard to which the board “on recommendation of
the president shall appoint.” No bylaw sets forth specific procedures for appointment of part-time or
temporary faculty.
The lack of a Bylaw-specified procedure for this type of faculty does not abrogate the board’s involvement.
Bylaw 3.10.5.7.2 requires that for all types of appointments, including those treated under subparagraph
(g), the seminary is to have “established policies and procedures, these to be put in place by the board of
regents (Bylaw 3.10.5.5 [a]). With regard especially to these “other types of faculty appointments,” the
board’s level of involvement in such procedures is left to the board to determine, so long as they ultimately
approve of such appointments (Bylaw 3.10.5.5 [g]). The board could choose to undertake such
appointments directly, or it could choose to permit the president to undertake such appointments subject to
ultimate approval or ratification by the board. The board could also choose to delegate this task to a
committee in accordance with Bylaw 1.5.3.3. These examples are not intended to exhaust all legitimate
possibilities; so long as the choices of the board do not conflict with another express provision of the bylaws,
it is free to accomplish its task of “approving” as it sees fit.
Question 4:

Where an ordained or commissioned minister is to serve as a part-time faculty member of
a seminary, is such a position a “called position” within the meaning of Bylaw 4.4.3 (a)?

Opinion:
Bylaw 4.4.3 (a) presumes, rather than imposes, the existence of a called position. To
determine whether the position of part-time faculty of a seminary is a “called position” within the meaning
of that Bylaw, we must therefore look elsewhere within the Bylaws.
Our analysis begins with Bylaw 3.11. Bylaw 3.11.1 (a) provides that “[m]embers of the Synod who are
appointed to positions requiring an ordained minister or commissioned minister shall receive a solemn call.”
If a specific position being filled by a part-time faculty member requires that the person filling that position
be an ordained or commissioned minister (rather than merely incidentally being filled by one), then Bylaw
3.11.1 (a) would require that person to receive a solemn call. Having received a call into that specific
position, the position would be a “called position” under the Bylaws, including Bylaw 4.4.3 (a).
If a specific position being filled by a part-time faculty member does not require that the person filling that
position be an ordained or commissioned minister, the position may still be a “called position” in some
circumstances. For this, we turn to Bylaw 3.11.1 (b). Whereas Bylaw 3.11.1 (a) focuses more on the
position, Bylaw 3.11.1 (b) focuses more on the individual filling a position, providing that “[o]ther ordained
or commissioned ministers appointed to positions in the Synod shall be affirmed by the respective board or
commission through a solemn call.” While the language of this Bylaw, in isolation, is quite expansive, the
commission does not read this Bylaw to be without limits. Rather than applying to every position that is
CCM Minutes – March 21–22, 2025 – Page 84