LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 6–7, 2026, Page 16

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The lack of a Bylaw-specified procedure for this type of faculty [appointment] 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.
Having not received input that leads the commission to a different conclusion about the meaning of relevant
bylaws, after reconsideration, the commission finds no basis for revision of Opinion 24-3031. All are
thanked for submitting input.
176. Plan for Next Meetings
The commission will meet in person May 28 in St. Louis, in conjunction with Floor Committee Weekend
(May 29–June 1), and July 16–17 in Phoenix, in conjunction with the Synod convention (July 18–23). The
commission will be fully represented at both subsequent meetings. In the interim the commission plans to
schedule internet conferences primarily to review convention business, these to be scheduled with the
assistance of the Office of the Secretary.
177. Meeting Review and Adjournment
The agenda being concluded, the commission adjourned with prayer.
John W. Sias, Secretary

CCM Minutes – February 6–7, 2026 – Page 150