# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_April 8 9 2022_S14
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

The commission found upon review of the document that the “Special Committee” provision (2.11) would
grant effective control of the proposed agency to a non-Synod entity. This constitutes the delegation of
authority of an agency governing board to a committee not composed of the governing board’s own
members. This, for an agency of the Synod, is contrary to Bylaw 1.5.3.3. Furthermore, the special
committee cannot be construed under Bylaw 1.5.3.4, as it does not provide “professional or technical
assistance” and the board does not “retain[ ] supervision.”
The commission also notes that the requirement of Synod Bylaw 3.9.2.2.3 (a) needs to be incorporated,
probably at Article X, 10.6: “Any amendment or modification to the Agreement shall be reviewed and
approved in advance by the Synod’s Commission on Constitutional Matters.”
The governing document cannot be approved as it stands as in harmony with the Constitution, Bylaws, and
resolutions of the Synod. The commission asked the Secretary to engage in dialogue with the seminary
regarding ways forward.
134. South Wisconsin District Bylaws, Proposed (22-2990)
By an email of April 1, the Secretary of the South Wisconsin (SW) District forwarded his district’s bylaw
revision proposal for review, involving amendments at SW Bylaws 1.04 (b), 1.05, 1.19, 1.23 (d), 1.25, 1.29
(a), 1.39 (d), and 2.01 (a) and (d), numbered as amended. The commission notes:
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•

SW Bylaw 1.05: The heading needs to change to correspond to the new content: “Pastoral and Lay
Delegates.”
SW Bylaw 2.01 (b)(5): “clearance” should read “review and approval.”

With the above addressed, the commission finds the bylaw proposal to be in harmony with the Constitution,
Bylaws, and resolutions of the Synod and approves it for presentation to the district convention. The district
and its staff are thanked for this submission and reminded to file with the Office of the Secretary, for the
commission’s records, a clean copy of the Bylaws as finally adopted by the convention.
The commission also notes that it believes the district to have adopted articles compliant with Bylaw 1.5.3.6
and 2016 Res. 9-02A but that it is uncertain that these were filed with the State of Wisconsin. The district
is asked to forward, for the commission’s files, a clean copy of these articles indicating their filing with the
state.
135. English District Bylaws, Proposed (22-2983)
By an email of February 6, the Secretary of the English (EN) District forwarded his district’s proposed
reformatting and revision of its bylaws, the proposal incorporating changes previously approved by the
commission in its Op. 21-2972. The commission finds these additional changes to be in harmony with the
Constitution, Bylaws, and resolutions of the Synod and approves them for presentation to the district
convention. The commission notes additional points needing attention:
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•

EN Bylaw 3.2 (c): the review of the performance of the District President should be limited to his
non-ecclesiastical supervisory duties, as such lie outside the board’s native authority.
The commission is uncertain as to the precise meaning of EN Bylaw 8.2 and its relation to EN
Bylaw 9.6.1 (b), which speaks of board authority and includes a similar provision.

The district and its secretary are thanked for this submission and reminded to file with the Office of the
Secretary, for the commission’s records, a clean copy of the Bylaws as finally adopted by the convention.
The commission also notes that the Articles of Incorporation of the English District have not yet been
approved as revised to bring them into compliance with Bylaw 1.5.3.6 relationship and asset disposition
language requirements. The district is urged to address this necessary work, consonant with the noted bylaw
and 2016 Res. 9-02A, as its secretary has indicated it is intending to do in its board’s May meeting. The
commission will be prepared to offer expedited review of this item so that it can be presented to the district’s
June convention.
CCM Minutes – April 8–9, 2022 – Page 101