# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_April 13 14 2012_S1
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
St. Louis Crowne Plaza Airport Hotel
April 13–14, 2012

106. Call to Order and Opening Devotion
Chairman Wilbert Sohns called the meeting to order with Philip Esala, George Gude, and Raymond
Hartwig also present. Daniel Lorenz was absent due to schedule conflict. Neely Owen was also unable to
attend but participated in a portion of the meeting via telephone.
Chairman Sohns, who served as the devotional leader for the meeting, opened the Friday and Saturday
sessions with meditations based on two of the “all” words of Matthew 28:18–20.
107. Montana District Articles of Incorporation and Bylaws Review (11-2593 [A])
The commission reviewed the latest submission of the Montana District Bylaws and expressed its
appreciation for the district’s cooperation in providing a copy of its Articles of Incorporation and for
incorporating many of the earlier bylaw changes advocated by the commission.
Upon final review, the commission noted the following:
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In Bylaws 1.3.2 (paragraphs a, i, j, and m) and 1.3.3 (paragraph b), continued use of the word
“pastor(s)” instead of “ordained minister(s)” in these paragraphs leaves question as to the
intended meaning. According to Synod usage, the word “pastor” refers specifically to a parish
pastor, and “ordained minister” is used in general references. In paragraphs a and i referenced
above, it remains unclear if parish pastors are intended. In paragraphs j, m, and b, “ordained
minister” is the correct term to use.
Although transferred to the district’s Standard Operating Procedures Manual, the Bylaws of the
Montana District Foundation Fund still require review by the Commission on Constitutional
Matters. The commission requests receipt of a copy of these Bylaws for its review, as the
commission is required to review agency policy manuals also.

Upon review of the Articles of Incorporation, the commission noted the following, recognizing that it
may be too late for amendment actions by the 2012 district convention.
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Article “Fourth” will need to be updated to provide a current registered agent.
Article “Fifth” does not appear to be correct, as the district does have members, i.e., the voting
congregations of the district.
Article “Sixth” begs attention, as it tells very little regarding the purpose of the district (see
Article II of the Synod’s Articles of Incorporation for a helpful description). Its paragraph (f) also
should include mention of the required approval of the Synod’s Commission on Constitutional
Matters for any amendments. And its paragraph (g) lacks any mention of the corporation being a
religious organization.
The second-last paragraph of the Articles is incorrect in that it fails to recognize or mention that
upon the dissolution of the district, its assets are to return to the Synod.