To Amend Bylaws to Support and Clarify Prior Approval Process

Preamble Since the 2013 Synod convention, appointments to theological faculties at all universities and seminaries, as well as all college, university, and seminary presidential appointments, have been subject to the prior approval process. While the 2013 Synod convention amended the Bylaws to delegate the responsibility for prior approval to specific groups (as referenced below) the Bylaws did not, and still do not, stipulate how the process of prior approval should be carried out. Over time there has been growing desire to understand how candidates are being evaluated by the prior approval panels. In the hopes of building trust and reducing undue criticism of the panels and the process, the following overture aims to increase transparency for the process and guidelines used by the panels, as well as ensuring clear communication between the panels, the candidates, the institutions, and the broader Synod.

WHEREAS, One of the expressed purposes of the Synod is to “recruit and train pastors, teachers, and other professional church workers and provide opportunity for their continuing growth” (Const. Art. III 3); and

WHEREAS, The Synod has the responsibility to oversee that training; and

WHEREAS, The Synod has designated that responsibility to the prior approval panels outlined in various Bylaws (Bylaws 3.6.6.1; 3.10.5.7.3; 3.10.6.8.2; 3.10.6.9.2); and

WHEREAS, Those panels not only have responsibility to work on behalf of the Synod but are also responsible to the Synod; and

WHEREAS, Those under consideration for theological professorships and other positions requiring prior approval have ordinarily been ordained into the Office of the Holy Ministry or have been commissioned into an auxiliary office of the Church; and

WHEREAS, Those under consideration for aforementioned positions have also been examined, approved, and certified for service on the roster of the Synod; and

WHEREAS, Those individual members of the Synod have, by virtue of their membership in the Synod, agreed to the confessional basis as outlined in Constitution Article II, namely that “every member of the Synod accepts without reservation: 1. The Scriptures of the Old and the New Testament as the written Word of God and the only rule and norm of faith and of practice; 2. All the Symbolic al Books of the Evangelical Lutheran Church as a true and unadulterated statement and exposition of the Word of God, to wit: the three Ecumenical Creeds (the Apostles’ Creed, the Nicene Creed, the Athanasian Creed), the Unaltered Augsburg Confession, the Apologyof the Augsburg Confession, the Smalcald Articles, the Large Catechism of Luther, the Small Catechism of Luther, and the Formula of Concord;” and

WHEREAS, Those individual members also abide by Bylaw 1.6, concerning the confessional position of the Synod; Bylaw 1.7, concerning agreements; and Bylaw 1.8, concerning dissent;

therefore be it

Resolved, That the Synod in convention give thanks to the Lord of the Church for using the Synod and its agencies to prepare workers for the harvest; and be it further

Resolved, That the Synod in convention give thanks to those engaged in the various prior approval processes for their difficult and important work; and be it further

Resolved, That the Synod in convention stipulate that, unless those under consideration by the prior approval panels are found, on the basis of clear and substantiated evidence, to be in violation of their ordination, commissioning, or installation vows or of the confessional subscription required by Constitution Article II and applicable Bylaws, their approval be assumed; and be it further

Resolved, That the Synod in convention require that the processes and guidelines used by the various panels to carry out the responsibility entrusted to them by the Synod be made transparent and available to all members of the Synod; and be it further

Resolved,Thatthe Synod in convention stipulate that,should one under consideration be thought to fall short of the guidelines, the candidate be given ample opportunity to clarify the candidate’s position to the panel in consultation with the appropriate district president as that candidate’s immediate ecclesiastical supervisor;

and be it finally

Resolved, That a new subsection be added to Bylaw 3.10: PRESENT/PROPOSED WORDING H. Prior Approval Standards and Procedures 3.10.8 Prior approval panels established under this section and related bylaws (including but not limited to Bylaws 3.6.6.1 [c]; 3.10.5.7.3 [a]; 3.10.6.8.2; and 3.10.6.9.2) act on behalf of and are responsible to the Synod. (a) Unless, on the basis of clear and substantiated evidence, a candidate for a position subject to prior approval is found to be in violation of the candidate’s ordination, commissioning, or installation vows or of the confessional subscription required by Article II of the Constitution and applicable bylaws, approval shall be granted and shall not be withheld. (b) Each prior approval panel shall adopt written guidelines that specify the standards applied and the ordinary process and timelines used in evaluating candidates. These guidelines shall be made reasonably available to the members of the Synod. (c) When a prior approval panel believes that a candidate may fall short of the guidelines, the panel shall (1) clearly identify its concerns to the candidate in writing and (2) give the candidate ample opportunity to clarify the candidate’s position to the panel, in consultation with the appropriate district president as the candidate’s immediate ecclesiastical supervisor.