LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 9-10, 1987, Page 2

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In responding to the questions, the Commission ruled that Board of Regents members of colleges to be
elected by the Board of Regents itself may be elected at any time in a non-convention year. However,
such persons do not assume office until the last Sunday of the non-convention year.
In the immediate situation, there is a need to fill a vacancy created by the convention and this vacancy
may be filled immediately. Such a person(s) may serve until the last Sunday in September at which time a
term expires. A full term does not begin until the last Sunday of September in the non-convention year.
Consequently, members who are to serve a full three-year term should begin that term the last Sunday of
September, 1987. All future terms begin at the last Sunday of the non-convention year. If a person is
elected to the Board of Regents in early 1987, that person may serve until the last Sunday in September,
1987, at which time that term expires. He may, however, be reelected for three consecutive full terms
following that period of time since the first nine months of 1987 do not constitute one-half or more of a
full term.
25. Filling Vacancy on the Committee for Convention Nominations (Ag. 1794,A) : Since a member
elected to the Committee for Convention Nominations at the 1986 convention had declined his election, a
vacancy existed on the Committee for Convention Nominations. A question had arisen with regard to the
manner in which this vacancy was to be filled, specifically, whether it was to be filled by presidential
appointment or by the Committee for Convention Nominations.
In reviewing this matter which had already been discussed in the September meeting of the Commission,
the Commission noted first of all that Bylaw 2.19, in its opinion, is negated since the appointment to
convention committees referred to in Section f is from among voting delegates, advisory delegates, and
advisory representatives. These are the delegates and representatives who will be attending a forthcoming
convention. Furthermore, the President is to notify the members of these committees of the time and place
of their first meeting whereas the Bylaw adopted relating to the Committee for Convention Nominations
places this responsibility upon the Secretary of the Synod. In addition, it is noted that nominations for the
Committee for Convention Nominations are to be provided by the existing committee and that this is the
only convention committee which is elected. All of these factors negate or tend to negate the application
of 2.19 f to the filling of vacancies which may occur on the Committee for Convention Nominations.
Since the Synod did not take into account the possibility of a vacancy on the Committee for Convention
Nominations through death, declination, etc., this leaves two alternatives: either the committee is to
operate shorthanded because there is no expressed authority for the filling of a vacancy or a vacancy may
be filled by the only bylaw provision that is most closely applicable. Bylaw 2.61 would appear to be that
bylaw since it calls for the filling of vacancies in bodies which are elected by the convention, although the
specific reference is to boards and commissions.
If it is assumed that it is the sense of the Committee for Convention Nominations to operate with full
committee membership, particularly with respect to matters as critical as the nomination of officers, board
members, etc., the Commission concludes that Bylaw 2.61 a should apply to the filling of a vacancy on
the Committee for Convention Nominations.
The Commission notes that there are certain criteria for election to the committee which are identified in
Bylaw 2.941. It calls particular attention to the fact that as 2.941 b states, "Efforts shall be made at all
times to nominate qualified persons from all geographic regions of the Synod recognizing also major
membership centers and minority groups within the Synod." It also notes that, "No more than one person
may be elected to the committee from any one district." In making this observation, the Commission
urges a review of the district origin and geographic location of committee members who are serving. As
the committee looks for its appointment, it must take into consideration those criteria which have been
specifically established in the Bylaws.