LCMS Convention Proceedings St. Louis, Missouri — 2023, Page 169

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7. UNIVERSITY EDUCATION
• Bylaw 3.3.4.10 authorizes the Synod Board of Directors
to obtain from any agency of the Synod all records and
other information relative to the property of the Synod
and to matters over which the Board of Directors has
general oversight.

WHEREAS, Neither the CTX BOR nor any of its members
nor the CTX president and administration have sought to
overrule CCM Op. 23-3006; therefore be it

• That every board and every university of the Synod is an
“agency” of the Synod as defined in Bylaw 1.2.1 (a).

Resolved, That the Synod in convention affirmatively
conclude that the CTX BOR members who voted in favor of the
April 4, 2023, action that affirmed the CTX BOR’s purported
separation have acted in direct conflict with the Constitution
and Bylaws, as well as CCM Op. 23-3006; and be it further

• That every agency of the Synod is bound by the
Constitution, Bylaws, and Resolutions of the Synod
(Bylaw 1.4.5) and therefore any action taken by an
agency which contradicts the Constitution, Bylaws, or
resolutions of the Synod is null and void.
• That a Synod university which wishes to change its
articles of incorporation or its bylaws is required to
receive advance approval from the CCM under Bylaw
3.9.2.2.3 (a) and failure to do so makes any such change
null and void and unable to be put into practice.
• That the boards of regents and individual members of
the CUS universities have a fiduciary duty to the Synod
under Bylaw 3.10.6.4 (i).
• That a board of regents of a CUS university does not
have authority to unilaterally change its governance
model from that described in Synod Bylaws or to
unilaterally amend its articles or bylaws without prior
approval.
• That any purported change to the bylaws or articles of
incorporation of a CUS university made without the
approval of the CCM is “null and void.”
• That individual members of a CUS university board of
regents each have a duty to comply with the Synod
Constitution Bylaws, and resolutions.
and
WHEREAS, Bylaw 3.9.2.2 (c) states that an opinion
rendered by the CCM “shall be binding on the question
decided unless and until it is overruled by a convention of the
Synod”; and
WHEREAS, On April 4, 2023, the CTX BOR took action to
affirm its illegitimate and wrongful purported separation; and
WHEREAS, Following the issuance of CCM Op. 23-3006, in
a letter dated May 9, 2023, the Synod BOD, pursuant to its
authority under Bylaw 3.3.4.10, as referenced in the CCM
Opinion, requested information from the CTX BOR relating to
the Synod BOD oversight responsibility; and
WHEREAS, In a letter from its chairman dated May 17,
2023, the CTX BOR refused to provide the information
requested by the Synod BOD, asserting that CTX is not subject
to the Bylaws; and
WHEREAS, The CTX BOR, the CTX president, and certain
CTX administrators have steadfastly refused to accept the
advice and admonition of the President of the Synod, Synod
BOD, and CUS BOD, and have overtly and directly defied the
final and binding CCM Op. 23-3006; and
Resolutions

Resolved, That the Synod in convention affirm CCM Op.
23-3006 in its entirety; and be it further

Resolved, That the Synod in convention affirmatively
conclude that the CTX president and those CTX
administrators who have advocated for and supported the
purported separation have acted in direct conflict with the
Constitution and Bylaws; and be it further
Resolved, That the Synod in convention encourage the
appropriate ecclesiastical supervisors to investigate and to
determine any appropriate disciplinary action that should be
taken against the CTX president and any member of the CTX
BOR who is a rostered church worker; and be it further
Resolved, That the Synod in convention encourage the
President of the Synod, LCMS BOD, the CUS and its board, and
the appropriate district presidents to take all appropriate
actions to address this situation; and be it further
Resolved, That the Synod in convention call upon the CTX
president, those CTX administrators who have advocated for
and supported the purported separation, and the CTX BOR to
submit to the governance of the Synod as laid out in the
Constitution and Bylaws; and be it further
Resolved, That the Synod in convention call upon the CTX
president, those CTX administrators who have advocated for
and supported the purported separation, and the CTX BOR to
repent for having broken the Fourth, Seventh, Ninth, and
Tenth Commandments, and to apologize publicly for the
illegitimate and wrongful purported separation; and be it
finally
Resolved, That the President of Synod stand prepared to
grant holy absolution to those who repent and want to do
better by rescinding their actions resulting in reconciliation
and restoration.
Action: Adopted (5)

A motion to divide the question, removing the final two resolves
to a separate resolution, was ruled out of order as nonsubstantive; so was a proposed amendment to the fifth resolve,
to introduce the word “all aforementioned appropriate actions.”
The substitute motion in TB, 3:395, was offered but out of order
as the Commission on Constitutional Matters (Op. 23-3012[H])
found it to be inconsistent with the Bylaws of the Synod.
An amendment to replace “address” with “seek reconciliation
in” in the fifth resolve and to strike the final three resolves
failed after significant debate, during which the rules were
suspended to allow Concordia University Texas President Don
Christian to address the convention for two minutes and,
PROCEEDINGS OF THE 2023 (68TH) LCMS CONVENTION | 169