LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 3, 1988, Page 3

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congregations, it may be wise to follow the procedure which would normally have been followed
in the selection of a delegate. The decision of the circuit can then be forwarded to the district
president for consideration in making the appointment in fulfillment of the Bylaws.
133. Removal of Tenured Faculty Members, Not for Cause (Ag. 1840,A,B; Min. 118) : At its last
meeting, the Commission on Constitutional Matters had responded to a request from Concordia College,
Seward, regarding the constitutionality of the development of a Reduction in Force Policy when the
financial viability of the institution required a reduction in expenditures which cannot be achieved other
than by staff reduction. In its response, the Commission had indicated that Bylaw 6.03 grants to the Board
of Regents the right and responsibility for taking actions which are necessary to protect the institution and
that any policy which it adopted must not jeopardize the entire school. The Board of Regents of
Concordia College, Seward, did not believe that the Commission had responded specifically to its
concern. It therefore now asked the Commission to respond specifically by providing an opinion on the
constitutionality of the following propositions:
1. Bylaw 6.43 deals with the removal of a tenured member of a synodical faculty for cause. That
is, the actions or the behavior of the faculty mem er causes the Board of Regents to remove
the person from office.
2. Since Bylaw 6.43 deals only with removal for cause, and no other Bylaw deals with the issue
of removal of a tenured member of the faculty, the Bylaws of the Synod are silent on the
removal of a faculty member not for cause. That is, no actions or behavior of the faculty
member are the cause for his removal from office.
3. Since the Bylaws are silent on the process for the removal of a tenured faculty member on a
not for cause basis, the Board of Regents, under its general powers of Bylaw 6.03, has the
authority to develop a Reduction in Force policy built on the premise of not for cause.
In replying to the requests, the Commission decided to respond as follows:
The Commission continues to believe that the opinion which was previously provided responds to
the concern expressed by the Board of Regents. However, in response to the renewed requests,
the Commission states that it agrees with the constitutionality of the propositions as presented.
The Commission notes that when the Bylaws, including Bylaw 6.43 were adopted, the Synod was
not faced with fiscal problems relative to its educational institutions as is presently the case. The
Commission further observes that it has no authority to add Bylaws which would speak to this
specific issue but that it believes that the Commission on Structure should do so since the Bylaws
-do not address the removal of faculty members for reasons other than improper teaching or
conduct. It further makes the observation that the removal referred to in Bylaw 6.43 assumes the
continuation of the office or position which would not necessary be the case in a reduction of
force.
The Commission further reiterates its position that, not having seen the Reduction in Force policy
which Concordia College, Seward, has adopted, it cannot comment on it nor does it desire to do
so. The Commission merely assumes that it contains the adequate safeguards, both present and
future for the parties involved to which reference was made in a previous letter.
134. Bylaw Amendments (Ag. 1851) : The Secretary presented a proposal which had been forwarded by
the Commission on Structure to the Board of Directors of the Synod proposing an alternate method for
the amendment of bylaws in addition to that which is presently contained in the Handbook. The Board of.