LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 16,1999, Page 12

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90. Questions Re the Right of a Congregation to Call its own Pastor (99-2171)
After brief discussion, the Commission agreed to allow time for further research and study before
providing an answer to this series of questions.
91. Question Re Restrictions on Membership on Board for Higher Education (99-2172)
The Executive Director of the Board for Higher Education, in a letter to the Secretary dated November 8,
1999, raised a question regarding the District membership restriction placed upon elections to the Board
for Higher Education. The Commission understands the question to be as follows:
QUESTION: "1995 Bylaw 3.600, a, provided that no more than one elected director of the Board for
Higher Education (BHE) (which also serves as the Board of Directors of the Concordia University
System) could be from the same District of the Synod. The 1998 convention of the Synod adopted
Resolution 8-01B which changed the Bylaws for Higher Education. Included in those changes was a
modification of the limitation of the number of members of the BHE who can be elected from one District
of the LCMS. What are the limitations at the present time on election of members to the BHE?''
OPINION: Bylaw 3.407 addresses membership of the Board for Higher Education as provided in
Resolution 8-01B. The 18 members of the BHE are the following: the President of the Synod or his
representative; the Chief Financial Officer of the Synod; 4 persons elected by the Council of Members of
the Concordia University System; 4 persons elected jointly by the Boards of Regents of the two
Seminaries; 7 persons elected by the Synod in convention, and one District President elected by the
Council of Presidents. Bylaw 3.407, d, states that no more than one of the 7 members elected by a
convention of the Synod can be from the same District of the Synod. The bylaw does not place such a
restriction on any of the other members elected to the BHE. Thus the 7 members elected by a convention
of the Synod must come from 7 different Districts. The remaining elected members of the BHE can come
in any number from any District, including the District of a member elected by a convention of the Synod.
92. Other Business
The Secretary asked for the insight of the members of the Commission regarding several questions that
had come to him from telephone conversations.
93. Adjournment
All business to come before the Commission having been addressed, the meeting adjourned with a prayer
by Albert Marcis.
Raymond L. Hartwig, Secretary

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