LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 5, 1992, Page 7

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The key point which must be remembered is that the congregation is vacant and that even though it is
served by an "interim pastor" a vacancy still exists.
The Commission hopes that this response will be helpful in answer to the concerns which you have
raised.
17. Appointment to Board of Regents (Ag. 1942) : A question had been raised with regard to Bylaw 3.75
b and Bylaw 6.01 b 3. The interpretation was requested because of two possible appointments by the Board
of Regents of a college to Board of Regents membership. Bylaw 3.75 states that "an office shall be regarded
as elective only if it is an office filled through election by a national or a district convention..." Since the
vacancies which existed on the Board of Regents consisted of persons who have previously been elected by
the Board under 6.01 b 3, the assumption was being made that these were not to be considered elected
positions but were considered to be appointed positions. Consequently, it would be possible for a person to
hold an elected position in either the district or the Synod and also to hold a position on the Board of
Regents if that position was one filled by selection by the Board of Regents itself.
The Commission determined to respond as follows:
The matter about which you are inquiring has previously been considered in responding to a question
coming from the Committee for Convention Nominations for the 1992 convention at Pittsburgh. At that
time the question was whether a person who had been elected by the Council of Presidents to serve on the
Commission on Theology and Church Relations could also be elected to membership on a Board of
Regents by the synodical convention.
In responding to that question, the Commission had noted the fact that a person may hold two positions, if
one is appointed and one is elected and one is not responsible to the other. Since the Bylaws clearly state
an elected position is only one which is filled by election at a national or district convention, the
designation by any smaller group of a person to serve on a board or a commission, whether that
designation is made by appointment or election of that smaller group is to be considered an appointment.
The Commission now reaffirms its opinion that a person elected to a board or commission of the Synod
by the national or district convention may also serve on a board of regents if he is filling a position where
the election is determined by the board of regents itself and not by a district or national convention of the
Synod.
18. Guidelines for Constitution and Bylaws of a Congregation (Ag. 1943) : A request had been made by
the Secretary of the South Wisconsin District for revision of the Guidelines for the Constitution and Bylaws
of a Congregation which had been adopted in 1984 by the Commission on Constitutional Matters. It was
specifically pointed out that with the adoption of the new dispute resolution process, Chapter VIII of the
Handbook, the guideline which states that in the case of division, the congregational property is to be
awarded to those "who continue to adhere in confession and practice to section III of this constitution, as
determined by the adjudication procedures of the Synod." would have to be revised. It was also suggested
that other revisions might be useful. Walter Tesch will be requesting the Secretary of the South Wisconsin
District to provide a list of problems which have been encountered and identified in congregational
constitutions which were under consideration. After receiving these, the Commission will then consider
proposed revisions.
19. Eligibility for Dispute Resolution Process (AM, 1944) : A letter had been received from a district
president stating that there was an attempt on his part to resolve a conflict but that the attempt had been
unsuccessful in bringing about a reconciliation between the parties involved. It was assumed that more