LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 11-12, 2000, Page 7

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In a letter dated December 6, 2000, the Executive Director of the Board for Higher Education explains that
the BHE/CUS Board, in response to concerns raised by LCMS colleges and seminaries, plans to
memorialize the 2001 convention to increase the size of boards of regents by authorizing boards of regents
to appoint additional members. In order to assist the Board in formulating its memorials, he addressed the
following question to the Commission:
QUESTION: Do the Bylaws mandate that one-third of the members of a board of regents be elected
by the Synod?
Opinion: The answer to this question is “no.” Bylaw 3.192, which contains such a stipulation, refers to
synodwide corporate entities. Bylaw 6.01, which provides membership requirements for boards of regents,
contains no such requirement.
190. Other Business
The Commission attended to other matters not requesting or requiring an official opinion.
A pastor whose recent suspension was upheld by a Dispute Resolution Panel and an Appeal Panel
expressed in an October 20, 2000 letter his disagreement with the decisions that were reached on the basis
of theological concerns. The Commission instructed its secretary to send a letter stating that the suspension
process of the Synod had been followed and encouraging that theological concerns should be addressed to
the Commission on Theology and Church Relations.
A District President in a letter dated November 29, 2000, shared several suggestions for changes to the
Commission’s “Guidelines for the Constitution and Bylaws of a Lutheran Congregation” as a result of
recent events in his District. The Commission considered the recommendations and is of the opinion that
its recently revised statement in its proposed sample constitution is sufficient as it stands.
191. Adjournment
All current business to come before the Commission having been addressed, the meeting was adjourned.
Raymond L. Hartwig, Secretary
MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
April, 2001

192. Immediate Responses to Questions
Two matters pertaining to the nominating process for the 2001 convention of the Synod were addressed to
the Commission with the request for immediate response, given the essential nature of the questions. In
each case the chairman communicated via telephone with Commission members and the opinion of the
Commission was provided to the Secretary for dissemination.
193. Questions re Nominating Process for President (00-2221)
The Secretary of the Synod requested that the Commission respond to questions regarding the nominating
process resulting from the death of Dr. A. L. Barry.

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