ELCA NEWS SERVICE April 28, 2004 ELCA Council Affirms Committee Ruling on DHES 'Election' 04-080-JB CHICAGO (ELCA) -- Without comment, the Church Council of the Evangelical Lutheran Church in America (ELCA) affirmed a ruling of its Legal and Constitutional Review Committee that voided an action of the board of the Division for Higher Education and Schools (DHES). The board acted to 'elect' the division's executive director, Dr. Leonard G. Schulze, to a new four-year term. However, the council's action agreed with the ELCA secretary's interpretation that the board action violated the ELCA Constitution and Bylaws. The council acted in response to a written appeal from the DHES board chair, Rod Schofield, Colorado Springs, Colo., who wrote to the council after the ELCA Secretary said the board action was "null and void." The Church Council is the ELCA's board of directors and serves as the legislative authority of the church between churchwide assemblies. The council met here April 17-18. Assemblies are held every other year; the next is Aug. 8-14, 2005, in Orlando, Fla. "Bishop Hanson is committed to Leonard Schulze's continued strong leadership of the Division for Higher Education and Schools during this time of planning, just as he is committed to the continued leadership of the other executive directors and directors whose terms expire in 2004," said Myrna J. Sheie, executive assistant to the presiding bishop, and Hanson's representative to the board, in a statement to the ELCA News Service. Sheie said she was speaking on Hanson's behalf. "The action of the Church Council to concur with the secretary's constitutional interpretation of the board's action should in no way be interpreted as the bishop's lack of confidence in or support for Dr. Schulze's leadership of the division," she continued. "The decision to ask the five unit executives whose terms expire in 2004 to extend their service is reflective of the current organizational design phase of the ELCA's strategic planning process." In addition to the DHES executive director, other ELCA leaders for whom elections would have occurred this year include the executive directors for the Commission for Women and Commission for Multicultural Ministries; and directors of the Department for Research and Evaluation and Department for Synodical Affairs. Hanson wrote to all five and asked that each continue in their present positions "beyond the expiration of your four-year term." Elections for each will be carried out after the completion of the restructuring process in November 2004. On March 27, the DHES board adopted two actions regarding the DHES executive director. First, it "elected" Schulze to a second four-year term effective June 16, despite the fact that the ELCA presiding bishop said he would not agree to a new four- year term now for Schulze because of the church's restructuring process. In the second action, because the churchwide restructuring process does not guarantee "completion of a renewed four-year term" for Schulze, the board asked that Schulze's employment continue through the end of the 2005 ELCA Churchwide Assembly or the current restructuring process. It also asked that Schulze be given "the highest consideration" to direct any future structure for educational ministries of the church. Following the board meeting Hanson asked the ELCA Secretary for an interpretation of the board action to "elect" Schulze to a four-year term. In a memo to Hanson, the Rev. Lowell G. Almen, ELCA Secretary, pointed out that ELCA constitutional bylaw 16.11.21 states that the election of a division executive director may occur only after "consultation with and with the approval of the presiding bishop." "If such consultation has not occurred prior to "election" or if approval has not [been] given for election, the action of any division board related to purported election would be contrary to the bylaw and, therefore, null and void," Almen wrote. "In the specific case of .Schulze . the record indicates that the four-year term to which he was elected in 2000, ends on June 15, 2004." In his written appeal to the church council, Schofield called the two board actions "complementary." He said the board "elected" Schulze "to fulfill our understanding of our fiduciary responsibility as a board in carrying out bylaw 16.11.21." He also said the board wanted the office of DHES executive director to "be placed in the same elected position as other division executive directors during the restructuring process." The board's consultation with the presiding bishop "occurred on the morning of March 26, one hour prior to the beginning of our board meeting, and took the form of a written draft resolution developed by Presiding Bishop Hanson, Secretary Almen and Dr. Schulze that I received that morning." Schofield presented the resolution to the full board. "In the ensuing discussion, the board felt it important to follow the letter of the bylaw by reelecting Dr. Schulze while, in good faith, honoring the desire of the presiding bishop as expressed in the draft resolution," Schofield wrote. That's why it considered the two issues together, Schofield said. He also said it was the board's desire to "provide a process that would serve as a model for the presiding bishop's office and other divisions" in carrying out the bylaw. The board's actions were "faithful responses" to the constitution, ELCA presiding bishop, Church Council and churchwide assembly to be flexible with regard to organizational changes because of restructuring, Schofield added. Schofield declined comment on the council's decision. For information contact: John Brooks, Director (773) 380-2958 or [log in to unmask] http://www.elca.org/news