LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 9-10, 1987, Page 3

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Bylaw 2.61 a and b are so clear that they do not really beg for interpretation. Any attempt to interpret this
in a devious manner is acting contrary to the intention of the Synod and to good and proper order. A
vacancy may be filled by a board, or commission or in this case, a committee elected by the Synod but it
is clear that the filling of such a vacancy requires the advance approval of the President as to the persons
selected.
As previously indicated, the Commission is calling this matter to the attention of the Commission on
Structure so that the oversight regarding provisions for filling of a vacancy on the Committee for
Convention Nominations can be corrected.
26. Vacancies on Boards and Commissions (Ag. 1794, A) : A request had been received from the
President of the Synod regarding the proper procedure to be followed in the filling of vacancies on boards
and commissions of the Synod. After having reviewed the appropriate bylaws, the Commission decided
to respond as follows:
In response to your request of December 30, 1986, involving the interpretation of Bylaw 2.61 and
five specific questions that flowed therefrom, the Commission rules as follows:
2.61,a is clear. Where there is a vacancy, any selection made to fill that vacancy must be
subject to the approval of the President. In other words, prior to the vacancy being filled,
the President must have given formal approval of the person nominated by the board or
commission.
In relation to Bylaw 2.61 b, it is clear that any vacancy shall be filled by the entity who
appointed that member of the board or commission vacating that office and shall be in
accordance with the applicable bylaw.
Further, a distinction is made in Bylaw 2.61 between an elected position and an appointed
position. Accordingly, an elected position shall be filled according to 2.61 a and an
appointed position shall be filled according to 2.61 b.
In responding to the specific questions which you raised in your letter:
Question 1: No vacancy may be filled by an elected board or commission without your
prior formal approval of the person nominated
Questions 2 and 3: Much of the answer to these questions is contained in the response to
question 1. It is the holding of the Commission that the President's approval must be
formal as you suggested, explicit and in writing. As to the latter part of question 3, since
no vacancy may be filled without your approval, it is necessary for the board or
commission to keep you advised. Where a vacancy continues to exist, you may on the
basis of Article XI, B, 3, pursue the matter.
Question 4: In response to this question, any vacancy occurring shall be filled as follows:
If it is an elected position being filled, it would be subject to paragraph 2.61 a. If an
appointed position is being filled, then it shall be done in accordance with Bylaw 2.61 b.
We do not feel that a consideration of Bylaw 2.801 is necessary for an interpretation of
Bylaw 2.61.