LCMS Convention Workbook St. Louis, Missouri — 2001, Page 333

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 333

Thus if the present question inquired whether provision of services
is mandated by the Bylaw, the answer is clearly no. However, the
question asks whether the Bylaw allows such services to be pro-
vided. This asks what is permissible, not what is required. Clearly,
the permissible may be greater than the mandatory. Nothing in the
Bylaw forbids providing such services on a voluntary basis.

Adopted March 23, 2000

Questions re the Right of a Task Force to Submit
Overtures to a Convention of the Synod (00-2182)

The Secretary of the Task Force on National/District Synod Re-
lations, in a letter dated February 9, 2000, inquired on behalf of the
Task Force regarding its eligibility to submit overtures to the Synod
in convention. He noted that this question “is of some moment to
the Task Force, now in the preliminary stages of preparing a re-
port.” The Commission responded as follows:

Question 1: \s the Task Force on National/District Synod Rela-
tions, created by the Synod in 1998 Res. 7-02A, “a committee es-
tablished by a prior convention” in terms of Bylaw 3.19 a 2 and
thus eligible to submit overtures to the Synod in convention?

Question 2: If not, is there any other reason under the Bylaws
by which this Task Force could be considered eligible to submit
overtures to the Synod in convention?

Opinion: While a “task force” is not mentioned in Bylaw 3.19 a
2, it does allow that “a committee established by a prior conven-
tion” may submit overtures to a convention of the Synod. And
while the term ‘“‘committee” is not defined, Bylaw 3.51 n does de-
fine a task force as “an appointed group which has an ad hoc as-
signment to accomplish a specific task and whose duties have a
definite expiration date.”

The Commission notes that the Task Force on National/District
Synod Relations was indeed “established by a prior convention”
under Res. 7-02A of the 1998 convention of the Synod. The Com-
mission also notes that the Task Force, as “an appointed group
which has an ad hoc assignment,” is in essence a “committee,” a
term commonly understood to represent a group of persons with
assigned responsibilities, as is the case with the Task Force in ques-
tion. Both factors therefore bring the Task Force on National/Dis-
trict Synod Relations into compliance with the requirements of By-
laws 3.19 a 2 and 3.19 a 1, the latter Bylaw (3.19 a |) stipulating
that reports may include overtures when submitted by entities au-
thorized to do so under the former Bylaw (3.19 a 2).

It is the Commission's opinion, therefore, in answer to the first
question, that the Task Force on National/District Synod Relations
is “a committee established by a prior convention” and may there-
fore include overtures in its report to the convention of the Synod.
As a result and in answer to the second question above, no “other
reason under the Bylaws” need be sought “by which this Task
Force could be considered eligible to submit overtures to the Synod
in convention.”

Adopted March 23, 2000

Use of LCMS Foundation by LCMS
Educational Institutions (00-2178)

The Executive Director of the Board for Higher Education of
the Synod, upon request of Boards of Regents of synodical educa-
tional institutions, requested the following opinion of the Commis-
sion:

Question: Are the educational institutions of the LCMS re-
quired to use the LCMS Foundation as the manager of invested
funds (permanent endowment, quasi endowment, restricted funds,
etc.)?

Opinion: The Commission responds with a review of pertinent
Bylaws of the Synod as they relate to the question.

According to Bylaw 3.401 a, the Board for Higher Education
shall serve as the Board of Directors of the Concordia University
System. Thus the Bylaws in this section apply to the one board both
as the Board for Higher Education, a program board of the Synod,

and as the governing board of the Concordia University System.
The Concordia University System is a Synodwide corporate entity.

According to Bylaw 3.401 b, this board, as the Board of Direc-
tors of the Concordia University System, has authority with respect
to the Synod’s colleges and universities. As the Board for Higher
Education, it has authority with respect to all the Synod’s institu-
tions of higher education, including its seminaries.

According to Bylaw 6.03, in exercising its relationship to the
Synod and to the Board for Higher Education as set forth elsewhere
in the Bylaws (3.401), the Board of Regents of each institution
shall consider as one of its primary duties the defining and fulfilling
of the mission of the institution within the broad assignment of the
Synod and shall, among other duties, approve institutional fiscal
arrangements (paragraph f) and operate and manage the institution
as the agent of the Synod, in which ownership is primarily vested
and which exercises its ownership through the Board of Directors
as custodian of the Synod’s property, the Board for Higher Educa-
tion, and the respective Board of Regents as the local governing
body (paragraph j). Included in the operation and management are
such responsibilities as (paragraph 2) the receiving of all gifts by
deed, will, or otherwise made to the institution and delivering them
to the Vice-President-Finance—Treasurer of the Synod or such
other person as may be designated by the Board of Directors of The
Lutheran Church—Missouri Synod, unless precluded by law or the
terms of the gift. In such case, the Board of Regents shall hold and
administer the same, in accordance with the terms of the instrument
creating such gift and in accordance with the policies of the Board
of Directors of The Lutheran Church—Missouri Synod.

According to Bylaw 3.163, the Chief Financial Officer of the
Synod (Vice-President-Finance—Treasurer) shall administer the
financial affairs of the Synod, excluding the Synodwide corporate
entities, the Districts, and Worker Benefit Plans. He shall carry out
the duties of the office in accordance with the rules and regulations
adopted by the Synod and as directed by its Board of Directors. He
shall receive and disburse the moneys of corporate Synod and keep
accurate account of them under instruction of the Board of Direc-
tors of the Synod.

According to Bylaw 3.165 a, the Chief Financial Officer shall
act as the depository for all funds in the hands of corporate Synod’s
boards (excluding Worker Benefit Plans), commissions, officers,
and employees who by virtue of their office act as custodians or
trustees of such funds.

According to Bylaw 3.601 a, The Lutheran Church—Missouri
Synod Foundation shall be maintained and controlled by the Synod
as a corporate entity organized under the laws of the state of Mis-
souri and shall be operated by a Board of Trustees, responsible to
the Synod, in accordance with the provisions of its articles of in-
corporation and corporate bylaws.

According to Bylaw 3.605 a, the LCMS Foundation shall pro-
vide investment management services for legacies, bequests, de-
vises, endowments, annuity gifts, and other trust funds of the Synod
and its agencies as established in its Bylaws.

These Bylaws provide that

(1) the Synod’s educational institutions (Bylaw 6.03 j 2) deliver
to the Vice-President-Finance—Treasurer of the Synod (or such
other person as may be designated by the Synod’s Board of Direc-
tors) invested funds such as permanent endowments, quasi endow-
ments, restricted funds, etc., unless precluded from doing so by law
or the terms of the gift. It should be noted that the Bylaw requires
such funds to be delivered to the Vice-President-Finance—Treéa-
surer and says nothing about delivery of such funds to the Founda-
tion.

(2) the Vice-President—Finance——Treasurer carries out his du-
ties (Bylaw 3.163) in accord with the rules and regulations of the
Synod and as directed by the Board of Directors of The Lutheran
Church—-Missouri Synod.

(3) the Foundation is required to provide investment manage-
ment services (Bylaw 3.605 a). However, this Bylaw mandates that
the Foundation provide these services. It does not mandate that the
Synod and its agencies use these services.

2001 Convention Workbook