LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 6–7, 2008, Page 7

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

Under proposed bylaw revisions, paragraph 4 on page 5 with its proposed deletions is not clear in
terms of sentence construction or the process being described.



Under proposed bylaw revisions, paragraph 1 on page 5, is the use of the word “pastor” what is
intended (i.e., parish pastor, according to the Synod’s usage) or is it intended to include all
“ordained ministers”?



Under proposed bylaw revisions, paragraph 3 b on page 7, mention of a commission on
adjudication is out of sync with the Bylaws of the Synod, which has replaced the adjudication
process with the dispute resolution process.



Under Board of Directors Elections Timeline and Protocol, it is unclear how this timeline fits into
the process spelled out by proposed Article V of the Bylaws. The district secretary is therefore
asked to provide a text of the complete Bylaws of the district incorporating the proposed changes.

45. Definition of Term: “Operating Board” (08-2515)
In a March 28, 2008 memorandum, the Commission on Structure requested an opinion from the
Commission on Constitutional Matters regarding the use of the term “operating board” in Bylaw 6.2.1. At
the commission’s April 2008 meeting, it was agreed that this question should be submitted to the Board
of Directors and to legal counsel for their input (Bylaw 3.9.2.2 [b]) prior to a response from the
commission.
The Secretary reported on research that he provided to the Board of Directors, including a history of the
board’s involvement in the recognition of service organizations over the past 30 years and a history of
terminology associated with the recognition process, a report adopted by the board as its own statement of
record. He also reported that legal counsel responded positively to the results of the research.
After discussion of the results of the research, the commission determined its response to the question
submitted by the Commission on Structure.
Question:

How is the use of the term “operating board” in Bylaw 6.2.1 to be understood and to whom
does it apply?

Opinion: The term “operating board” occurred for the first time in the 1995 Handbook of the Synod in
place of the term “program board” in the 1992 Handbook. The 1995 Handbook, after listing the Synod’s
Board of Directors and the boards of the synodwide corporate entities, listed as “Other Operating Boards”
those boards that essentially are today the program boards of the Synod. The 1995 Handbook for the first
time also used the term “operating board” in Bylaw 14.03 d, what is today Bylaw 6.2.1.
The 1998 Handbook reverted back to the use of the term “Program Boards” as the title for these boards,
but it also retained the term “operating board” in Bylaw 14.03 d (2007 Bylaw 6.2.1). It is the opinion of
the commission that the term “operating board” as it appears today in Bylaw 6.2.1 is therefore to be
applied accordingly. The term “operating board” is to be understood to apply to the Board of Directors
and the boards of the synodwide corporate entities (including Concordia Plan Services) and to the
program boards. Today’s synodwide corporate entities and program boards are listed in current Bylaw
1.2.1, paragraphs (o) and (u).
46. District Constitution Committee Responsibilities (08-2516)
In a letter dated April 8, 2008, a pastor member of the Synod serving as a member of a district’s
constitution committee asked whether a committee has the right to mandate that a congregation include a
clause in its constitution requiring it to submit revisions to the district committee.
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