Official Workbook PDF page source text

LCMS 2026 Convention Workbook: Reports and Overtures, PDF page 226

2026 Convention Workbook
191
OFFICER, BOARD, AND COMMISSION REPORTS
Bylaw 1.5.1.1. In that bylaw, when staff is defined as excluding fac-
ulty, 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 con-
text was provided to support the current practice of appointing part-
time 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 ap-
pointment 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 facul-
ty [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 appoint-
ments,” the board’ s level of involvement in such procedures 
is left to the board to determine, so long as they ultimately ap-
prove 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 ap-
pointments 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 exam-
ples 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 reconsider-
ation, the commission finds no basis for revision of Op. 24-3031. 
All are thanked for submitting input.
Commission on Constitutional Matters