LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 9-10, 1987, Page 1

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whose terms have not expired to continue to serve until completion of their terms had been raised. The
Commission addressed this issue at length and concluded that the bylaw adopted at the 1986 convention
was prospective rather than retroactive and therefore incumbents should be allowed to complete their
terms. In view of the fact, however, that membership on the Commission on Constitutional Matters would
be effected by such a decision, the Commission determined to request an opinion of legal counsel for the
Synod on the matter in order to avoid the possibility of criticism of prejudice.
19. Eligibility to Serve on Board of Directors, ABC (Ag. 1785) : Questions had been raised about the
eligibility of Dr. Orval Walz, president of Concordia College, Edmonton, to serve on the district board of
directors in view of the fact that ownership of Concordia College is lodged in the Alberta-BritishColumbia District. The Commission had previously concluded that there was, in this specific case, an
apparent conflict of interest. In view of the fact, however, that Lutheran Church--Canada will soon be
achieving partner status, and decisions on an issue of this kind will become the responsibility of that
group, the Commission resolved not to pursue the matter any further.
20. Future Meetings : The Commission established January 9, 1987, as the date of its next meeting.
Tentative dates of April 3, July 10, and September 25 were also identified.
21. Closing Prayer : The Commission concluded its meeting with a prayer led by Judge Groh.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters - January 9-10, 1987
22. Opening Devotion : At the request of Chairman Schnelz, Dr. Schlecht led the Commission in an
opening prayer asking for God's guidance upon the deliberations of the Commission.
23. Exception for Election of Canadian Seminary President (Ag. 1792,A) : A request had been
received from the Higher Education Committee of Lutheran Church--Canada as well as the President of
the Edmonton Seminary asking for an exception to the procedures for the election of a seminary president
as outlined in the Bylaws. They requested that they be allowed to follow the procedures as outlined in the
proposed constitution for Lutheran Church-Canada. That constitution calls for a faculty committee
involving up to three faculty members rather than requiring three faculty members. The Handbook of the
Synod in Bylaw 6.11 e refers to two committees, a committee consisting of three faculty members and
two board members to carry out certain functions and a committee of unspecified number of faculty
members elected by the faculty-to submit evaluations and recommendations regarding candidates to the
electors.
In responding to the request, the Commission encouraged the following of the Bylaws of the Synod. It
noted, however, that if a conflict develops because of faculty size or other factors making it impossible to
follow the Bylaws, the Commission suggests that an ad hoc committee(s) be appointed by the board in
consultation with the faculty to serve as a search-and-screening committee. The Commission also noted
that there appears to be no impediment to the faculty serving to meet the requirements of the first sentence
of 6.11 e which provides for a careful analysis of the needs of the institution, etc.
24. Term of Board of Regents Members (Ag. 1793; 1802) : Several requests had been received
regarding the election of members of a college board of regents by the Board of Regents itself in the nonconvention year. This provision had been added by adoption of bylaw changes at the 1986 convention.
Questions revolved around the matter of the time when such persons are to be elected as well as the
beginning of their term of office.