LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 27

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98. Amendments to the LCMS Foundation Articles of Incorporation and Bylaws (02-2312)
Legal counsel for the Synod in an October 15, 2002 letter requested approval of changes made to the
Articles of Incorporation and Bylaws of the LCMS Foundation as already approved by the Board of
Directors of the Synod during its September, 2001 meeting.
Opinion: The Commission approves the following changes to the Articles of Incorporation and Bylaws of
the LCMS Foundation:
•

Article II, Section 6 of the Foundation’s Bylaws to be amended to change the term “Chief
Financial Officer” to “Chief Investment Officer.

•

Article II, Section 7 e of the Foundation’s Bylaws to be deleted and a new Section 7 e be
inserted to read: “To provide consulting services to promote ministry enhancement and
sustained giving for the maintenance of the mission of congregations, institutions, agencies,
causes, and objectives mentioned herein.”

•

Article II of the Foundation’s Articles of Incorporation to be deleted.

•

Article IV Section C of the Foundation’s Articles of Incorporation to be deleted and a new
Section C be inserted (in Article III, as re-numbered after the deletion of Article II) to read
as follows: “To provide consulting services to promote ministry enhancement and sustained
giving for the maintenance of the mission of congregations, institutions, agencies, causes,
and objectives mentioned herein.”

99. Conflict of Interest and Ecclesiastical Supervision (02-2313)
The President of the Synod in a memorandum dated October 22, 2002, asked a series of questions
regarding conflict of interest and ecclesiastical supervision on the part of the President of the Synod in a
dispute case involving a District President. After hearing the President explain his questions and concerns,
the Commission noted the relevance of these questions to other questions it had deferred at this meeting
for consideration at a later meeting and decided to do likewise with these questions.
100. Right to Nominate and Elect a District President on Suspended Status (02-2314)
The President of the Synod in a memorandum dated October 22, 2002, requested an opinion from the
Commission regarding the right of a member of the Synod to be nominated and elected to the office of
District President while on suspended status.
Question:

“The Constitution of the Synod states ‘The Synod, under Scripture and the Lutheran
Confessions, shall…provide protection for congregations, pastors, teachers, and other
church workers in the performance of their official duties and the maintenance of their
rights’ (LCMS Constitution Article III). Furthermore, Bylaw 2.25 b. states ‘While on
suspended status, the member shall continue to hold all rights under the Constitution and
Bylaws subject to the limitations set forth herein.’
“Accordingly, do the Constitution and/or Bylaws of the Synod prohibit a District President
from being nominated and re-elected to the office of District President that he currently holds,
while his suspended status as a member of the Ministers of Religion—Ordained roster of the
Synod is under appeal?”

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