To Bring Accountability to Concordia Boards of Regents and to Improve Doctrinal Fidelity and Amenability to Ecclesiastical Supervision

WHEREAS, Our Concordia universities have long been and continue to be precious gifts to the world and to the Church, especially when they clearly confess Christ Jesus as Lord and Savior according to Holy Scripture and our Lutheran Confessions; and

WHEREAS, The board of regents at each of our Concordia universities is vital to offering to its students, the world, and the Church a clear confession of what we in The Lutheran Church—Missouri Synod (LCMS) believe, teach, and confess; and

WHEREAS, While each of our Concordia universities has expanded its academic offerings to include other God- pleasing vocations, and at the same time our Concordia universities continue to be the primary training ground in preparing future ordained and commissioned ministers for the LCMS; and

WHEREAS, While each Concordia University board of regents is to hold its members accountable to the sacred Scriptures, the Lutheran Confessions, and the Bylaws of the LCMS; there is currently no sufficient process in the Synod Bylaws for the church at large to deal with regents, including laity, who fail to faithfully adhere to the doctrine and practice of the church; and

WHEREAS, Neither the Synod President nor the geographic district president in whose district the Concordia University resides has any ecclesiastical authority over the elected or appointed lay regents; therefore be it

Resolved, That upon approval of the 2023 Synod convention this action be applied immediately to any and all board of regents members across the Concordia University System regardless of their time of appointment of election;

and be it further

Resolved, That Bylaw 3.10.6.2 be amended as follows (with references to Bylaws 3.10.6.2.1 and 3.10.6.2.2 [f] to bylaws as would be revised by adoption of Res. 7-04):

PRESENT/PROPOSED WORDING

F. Concordia University System Boards of Regents …

3.10.6.2 The board of regents of each college and university shall consist of no more than 18 members, all voting.

1. One ordained minister, one commissioned minister, and two laypersons shall be elected by the conventions of the Synod.

2. One ordained minister, one commissioned minister, and two laypersons shall be elected by the geographical district in which the institution is located. If any board is required by its governing documents to include one or more persons holding residence or church membership in a specific locality, the institution is responsible for ensuring (including by appointment, if necessary) that individual(s) meeting such requirements are included among those persons serving on such board, and no such geographic restriction shall apply to Synod-elected regents.

3. No fewer than four and no more than eight members shall be appointed as members by the board of regents according to a the following process determined by the individual institution.:

(a) Members appointed by the board of regents may not vote on the appointment of members of the board.

(b) The board of regents nominations committee shall seek input from the board of regents members, the president of the institution, the Synod President, the CUS President, and Synod Board of Directors regarding qualified and suitable candidates for appointment.

(c) The board of regents nominations committee shall properly vet all candidates to ensure the candidates possess the qualifications specified in

3.10.6.2.1 with particular attention given to the needs of the institution.

(d) The board of regents nominations committee shall not nominate for appointment any person who fails to meet the qualifications required under Bylaw

3.10.6.2.2 (f).

(e) The appointment shall be made by those board of regents members eligible to vote. …

5. One member, who may be an ordained minister, a commissioned minister, or a layperson, shall be appointed by the Praesidium of the Synod after consultation with the president and chair of the board of regents of the respective institution and the Board of Directors of the Synod. …

and be it finally

Resolved, That Bylaw 1.5.7.1 be amended as follows:

PRESENT/PROPOSED WORDING

1.5.7.1 Unless otherwise specified in these Bylaws, the procedure for removal of a member of a commission, agency board, or the LCMS Board of Directors (BOD), except for those persons subject to Bylaw sections 2.15 and 2.16, shall be as follows: …

(f) If a Concordia University System (CUS) college or university board of regents is presented with a written notice from the CUS Board of Directors detailing the basis for cause for removal of a member of the board of regents pursuant to Bylaw 1.5.7 (2), (8), or (9), the written notice shall be handled as follows: (1) The CUS Board of Directors shall give notice to the Board of Regents and as otherwise required under Bylaw 1.5.7.1 (a). (2) The board of regents shall schedule and hold a special meeting as required under Bylaw 1.5.7.1 (a) and

(b) and consider a recommendation for removal under Bylaw 1.5.7.1 (c) (1). (3) If the board of regents fails to take action or declines to recommend removal under Bylaw 1.5.7.1

(c) (1) within 90 days of receiving the written notice, the CUS Board of Directors may present the written notice to the Praesidium of the Synod. (4) The Praesidium, without participation of the First Vice-President of the Synod, shall make an initial determination as to whether the written notice presents sufficient grounds for removal of a member of a board of regents under Bylaw 1.5.7 (2), (8), or (9). (5) If the Praesidium determines, by majority vote, that the written notice presents sufficient grounds for removal, the Praesidium shall appoint a three-person panel consisting of the First Vice-President of Synod, a member of the Council of Presidents appointed by the Council of Presidents, and an additional member who is a member of the Council of Presidents who shall be appointed by the First Vice-President and the member of the Council of Presidents who was appointed by the Council of Presidents. (6) This panel shall consider the written notice and evidence submitted by the CUS Board of Directors and the board of regents member, and make a determination as to whether there is sufficient grounds for removal of the board of regents member under Bylaw 1.5.7 (2), (8), or (9). (7) If a majority of the panel concludes sufficient grounds exist, it shall make a recommendation to the Synod’s Board of Directors. This recommendation shall be considered and acted upon under Bylaw

1.5.7.1 (c) (2). (8) If the CUS Board of Directors presents written notice stating cause for removal of more than one member of the board of regents, each written notice shall be handled separately, although if a panel is appointed can be considered by the same panel