LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 24, 1998, Page 4

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action in such cases, and potentially to absent himself from discussions by the Praesidium regarding
such issues. The Commission observes that avoidance of even the appearance of impropriety would be
important to insure that the vice-president in question is above reproach. To some extent this problem
can be avoided by the Synod's President, since the Bylaws, while specifying that vice-presidents are to
advise the President (Bylaw 3.125), do not indicate the manner in which such advice is to be sought or
given. To avoid circumstances where problems might arise, the President, in the exercise of his
discretion and judgment, may wish to consult less than the full Praesidium for advice on topics that
might involve a vice-president in his other role.
191. Bylaws on Dissent (Ag. 2120): A pastor had written to the Commission regarding the question of
constitutionality of bylaws on dissent which are included in the Handbook. He stated that since doctrinal
matters are to be determined by the Word of God, he had always found difficulty in voting on such issues
since such action seemed to apply another standard with regard to doctrinal positions. The Commission
concluded that this matter would better be placed in the hands of the Commission on Theology and Church
Relations and had referred the matter to that Commission. The response of the Commission on
Constitutional Matters is to be held in abeyance until a response is received from the Commission on
Theology and Church Relations.
192. Terms of Service in Transition (Ag. 2121): A request had been received from the Executive Director
of the Board for Higher Education for an opinion on the following questions:
1. Is a recently elected Board of Regent, serving an initial three (3) year term, eligible for election to
serve an additional two (2) consecutive six (6) year terms?
2. Is a presently seated Board of Regents member, serving a third term of three (3) years each, eligible
for re-election to another three (3) year term for a maximum of twelve (12) years?
The Commission offered the following opinion with regard to these matters:
In responding to these questions, the Commission first noted that the Constitution of the Synod is silent
on the issues raised. The Commission does, however, conclude that members of the Boards of Regents
are limited to serving the number of terms under which they were elected.
Based on this, in response to your second question, it is the opinion of the Commission that a Board of
Regents member who is serving a third term of three years will not be eligible to be elected to serve an
additional term of six years since the maximum number of years allowed under the newly adopted
bylaw is twelve years and such member will have completed the number of terms under which he/she
was elected.
It is also the opinion that, in response to your first question, a Board member who is serving an initial
term of three years is not eligible to serve two (2) consecutive six-year terms. His second election
would be under the two term rule and he would also be subject to the maximum years of service.
The Commission is aware that at a previous time when similar changes were made, the convention
made an exception for certain Board of Directors members to serve fifteen years. The convention in
2001 may make a similar decision if it wishes to do so.
193. Questions Regarding Article III, Bylaws 2.27, b, and g, and 2.41, d (Ag. 2122): A number of
questions had been received from the Chairman of the Council of Presidents relating to Article III of the
Constitution, as well as Bylaws 2.27, b and g, and 2.41, d. It was agreed that Walter Tesch would prepare
some preliminary responses to these questions. It was also noted that the first four questions have also been