LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 28, 1996, Page 1

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36. Call to Order : Chairman Tesch called the meeting to order and asked Dr. Schlecht to lead the
members of the Commission in prayer. All members of the Commission were present for the telephone
conference.
37. Conflict of Interest (Ag. 2029) : The Commission had received a request from a pastor in the Kansas
District regarding the possibility of conflict of interest relating to various positions held by the District
President and by members of the Board of Directors. The Commission reviewed each of the questions
which had been asked and then decided to respond as follows:
First, with respect to the question of whether the District President may hold the presidency and serve
as chairman of the district Board of Directors, the Commission would direct your attention to Bylaw
3.75, b, which states:
"An office shall be regarded as elective only if it is an office filled through election by a
national or a District convention, even though a vacancy in such an office may be filled by
appointment."
Election to the chairmanship of a district Board of Directors is not to be considered an elective position
unless such election would be by the district convention. This does not appear to be the case.
Furthermore, the statement in the Kansas District Bylaws merely states functions which are to be
carried out by the District President or District Secretary.
In regard to your other concerns, the Commission concludes that while it might be wise to do so, the
Bylaws do not require communication with congregations prior to action being taken by the Board of
Directors. Under the circumstances described congregations may, since an action has been taken and
has now been communicated, forward proposals and recommendations to the Board of Directors.
Among these might be a recommendation to the Board of Directors to rescind its action.
The fact that members of the Executive Council are also voting members of the Board of Directors need
not be a conflict of interest. Individual members or groups of members of a board often serve in an
advisory capacity to the other members to assist them in arriving at decisions. It should further be noted
that the Board of Directors consists of twenty (20) voting members. At least 14 of these are not
members of the Executive Council. (Kansas has four vice presidents. These plus the President and
Secretary comprise only six members of the Board of Directors.)
In view of these facts, there would not seem to be a "major conflict of interest" when some of the
members of the Executive Council which serves as "an advisory group to the Board of Directors" also
are voting members of the district Board of Directors.
38. Campus Ministry - Pastoral Vote (Ag. 2030) : A letter had been received from the pastor serving
University Lutheran Church in Boulder, Colorado, in which he asked the Commission to consider once
again the right of the campus church to have a pastoral vote at district conventions and circuit forums. The
question has been previously been addressed by the Commission in 1988 and 1991. As it reviewed the
request, it became apparent that the issue of facts was involved and that it would be impossible for the
Commission to provide a definitive answer without having knowledge of the facts. Consequently, the
Commission decided to respond to the pastor by saying
It is the unanimous opinion of the Commission that the position stated in 1988 and supported in 1991 is
still valid. As you know, this indicated that the question can only be resolved on the basis of who has
called you to serve as the campus pastor at University Lutheran Chapel. Is it the congregation in
consultation with the district? Is it the district in consultation with the congregation, with the district