Workbook page: 191
PDF page: 226
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LCMS 2026 Convention Workbook: Reports and Overtures, PDF page 226
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2026 Convention Workbook 191
OFFICER, BOARD, AND COMMISSION REPORTS
Bylaw 1.5.1.1. In that bylaw, when staff is defined as excluding faculty, it is under the proviso that the distinction is “for the purposes
of this bylaw only.” As used in Bylaw 3.11.1, the term encompasses employees of any and all Synod entities, including both faculty and staff of the Synod’s seminaries and universities.
In the input received regarding the reconsideration, concern was expressed that the opinion could curtail the seminaries’ flexibility and agility to address emergent needs. Additionally, historical context was provided to support the current practice of appointing parttime and/or temporary faculty without Board of Regents approval specific to particular appointments. The commission, however, notes that the Bylaws still provide flexibility with regard to the appointment of part-time faculty—as noted in the original opinion’s interpretation of Bylaw 3.10.5.5 (g) (emphasis added):
The lack of a Bylaw-specified procedure for this type of faculty [appointment] does not abrogate the board’s involvement.
Bylaw 3.10.5.7.2 requires that for all types of appointments,
including those treated under subparagraph (g), the seminary is to have “established policies and procedures, these to be put in place by the board of regents (Bylaw 3.10.5.5 [a]). With regard especially to these “other types of faculty appointments,” the board’ s level of involvement in such procedures is left to the board to determine, so long as they ultimately approve of such appointments (Bylaw 3.10.5.5 [g]). The board could choose to undertake such appointments directly, or it could choose to permit the president to undertake such appointments subject to ultimate approval or ratification by the board. The board could also choose to delegate this task to a committee in accordance with Bylaw 1.5.3.3. These examples are not intended to exhaust all legitimate possibilities; so long as the choices of the board do not conflict with another express provision of the bylaws, it is free to accomplish its task of “approving” as it sees fit.
Having not received input that leads the commission to a different conclusion about the meaning of relevant bylaws, after reconsideration, the commission finds no basis for revision of Op. 24-3031.
All are thanked for submitting input.
Commission on Constitutional Matters
