LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 17, 2000, Page 10

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continued to teach contrary thereto. Whether such charges would lead to suspension from the Synod
would be determined by the facts of the case.
164. Question Re the Five-Year Review of Executives (00-2204)
An executive director of a synodwide corporate entity, in a letter dated June 27, 2000, questioned the
application of Bylaw 3.69, e, to himself and other executives who were already in their positions at the
time of the convention action.
Question:

“At a recent meeting I attended at the International Center, reference was made to
the so-called five-year rule as it pertains to executives of synodical departments. I
had not been under the impression that the rule would pertain to me, but in view of
the discussion,…would (the rule) apply to me and to all executives of synodical
departments?….Would (this) be the case for those who accepted a position as
director of a synodical department prior to the adoption of the five-year rule at
synodical convention?”

Opinion: Bylaw 3.69, e, appears under Section B of Chapter III of the Bylaws of the Synod,
“General Provisions For Officers, Boards, and Commissions.” Because synodwide corporate entities are
listed in this section (Bylaw 3.51, m) and because the initial paragraph of Bylaw 3.69 stipulates that its
general regulations apply to “all corporate entities” among others, paragraph e therefore does apply to
your situation.
The 1998 convention of the Synod adopted Resolution 8-03B, “To Approve Changes in Synodical
Boards,” which as part of “Recommendation H” added paragraph e to the existing Bylaw 3.69, “General
Regulations.” This new paragraph included the stipulation:
Every board, commission, and synodwide corporate entity may create office and
executive staff positions and fill the same in accordance with such policies. The chief
executive of such board, commission, and synodwide corporate entity shall serve at the
pleasure of the governing board. The governing board of each executive shall conduct an
annual review and, before the expiration of five (5) years, conduct a comprehensive
review. At the conclusion of each five (5) year period, the appointment shall terminate
unless the governing board takes specific action to continue the person in the office.
The resolution was adopted with this comment:

COMMENT: The proposed five-year term for executive officers will provide both
the executive officer and the governing board a better way of reaching a decision
concerning continued service based on performance reviews. This resembles the
approach that the Synod has adopted in the instance of its college, university, and
seminary presidents (Bylaw 6.13). In practice, the President approves a slate of
candidates.
Because there is no indication in the adopted resolution or appended comment that the five-year
requirement does not apply to current executives, they are to be included in its application. And, as with
all bylaw amendments unless otherwise stated, the annual and five-year comprehensive review
requirements took effect immediately. For persons holding executive positions at the time of the
resolution’s passage, therefore, the five-year comprehensive review will be required in five years from the
date of passage.
165. Iowa District West Bylaws (00-2205)
181