LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 17-18, 1987, Page 4

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years of service is thirteen or fourteen years. The only question would be whether the term of service
from which he resigned in 1981 was a half or more of that term. If it was, one could argue that the entire
term should be discounted and years of service should be counted beginning in 1982. Even if that were
done, there were not three or more intervening years between terms. Consequently, it would almost
appear as though he would have to be considered as serving continuously.
To take any other position than the above would establish a precedent which would allow a board
member to resign for a year so that he could become eligible at the following elect ion to serve in the
same office. The bylaw requiring a three-year absence is specifically intended to prevent such
circumvention.
59. Relatives Serving on the Same Staff (Ag. 1820) : West Portal Lutheran Church had asked the
Commission to consider a "case of casuistry" involving the possibility of establishing a personnel policy
whereby relatives of staff administrators would be barred from employment on the congregation staff
since an administrator might show favoritism toward a relative, over other staff members.
In response, the Commission asked the Secretary to state that the Commission on Constitutional Matters
has specific duties involving the interpretation of the Constitution and Bylaws and resolutions of the
Synod. None of these contains prohibitions of the kind which are being anticipated by the new policy.
The Commission is not in the position to respond to the question.
60. District Vice President Vacancies (Ag. 1817) : The Northern Illinois District had asked whether it
was possible to fill a vacant vice presidential position on the district level in view of the fact that vacant
vice presidential positions are not filled on the national level and the Bylaws state that the district may
adopt regulations as long as they, "do not conflict with the Bylaws of the Synod."
In a personal response, the Secretary had indicated that the reference to not fill a vice presidential
positions clearly referred to vice presidents on the national level. The more specific reference in Bylaw
4.127 which relates to district presidents and vice presidents would be controlling in the situation.
Consequently, the district may develop a process for filling a vacancy in a vice presidential position.
There is no bylaw which prohibits this as far as district offices are concerned.
The Commission ratified the response of the Secretary noting also that it should be pointed out that vice
presidents are to be chosen by an entire district or its representatives not merely appointed by the
President or some other officer.
61. Board and Commission Qualifications (Ag. 1818) : The North Dakota District had noted that the
District Commissions on Adjudication are to include two attorneys as members of the Commission. It
asked what procedures should be followed if two are not available and whether an exception might be
made, filling the position with persons having other status. The same question would apply to boards
which require teacher or DCE members who may not be available.
In response, the Commission indicated that if the members having the required qualifications are not
available, the position should remain vacant. The Commission on Constitutional Matters has no authority
to recommend how the positions are to be filled. It would respectfully suggest that the districts seek relief
from this requirement by petition to the next convention of the Synod. It was also suggested that the
matter be referred to the Commission on Structure for further study and recommendation.
62. Tenure Determination Date (Ag. 1819) : The North Dakota District changed its bylaws in 1985
establishing a full-time presidency with eligibility for three terms of three years each. The president