LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 6–7, 2008, Page 10

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Opinion: As described above, so long as the congregation honors the conditions of membership as set
forth in Article VI of the Constitution of the Synod and the eligibility requirements of Bylaws 2.2 through
2.4, a congregation’s action to suspend or hold in abeyance select bylaws would not have a negative
impact on a congregation’s membership in the Synod.
Question 4: Is it legal in the eyes of the state, which has granted nonprofit corporation status, for a
congregation to suspend or hold in abeyance select bylaws?
Opinion: This question is again a matter of state law and not an issue under the Constitution, Bylaws, and
resolutions of the Synod. Questions should be submitted to local legal counsel or the state corporation
governing body.
48. Other Matters
A. Revised Commission on Constitutional Matters Procedures Document
The commission reviewed the latest version of its own procedures document, clarifying its membership,
responsibilities, and how it attends to its business. The document was accepted and will be regarded by
the commission as an internal document.
B. Conflict of Interest Statements
Chairman Marcis reported that he has provided copies of commission members’ conflict of interest
statements to the Synod’s Department of Human Resources and has retained the original statements in his
files. The commission discussed the case of a member of one of the Synod’s boards who has been
reluctant to sign the statement.
C. Former Bylaw References in CCM Opinions
The commission discussed how it could be more helpful when quoting a prior opinion that contains a
bylaw reference from a former Handbook of the Synod, since in many cases bylaw numbers have been
changed. After discussion, it was agreed that the commission will try to remain sensitive to this issue
when writing its opinions.
D. Shared Responsibilities for Policy Manual Reviews
Secretary Hartwig reported on conversations with the Board of Directors Policy Review Committee,
outlining a process whereby manuals reviewed by the Commission on Constitutional Matters in light of
the Constitution, Bylaws, and resolutions of the Synod would next be forwarded to the board committee
for its own review in light of Board of Directors policy review responsibilities.
E. “Frequently Noted Aberrations” Document
During its review of agency articles of incorporation and bylaws documents and policy manuals, the
commission has become aware of a number of grammatical and other issues that adversely affect the
uniformity of formal documentation in the Synod. The Secretary was asked to prepare a document calling
attention to some of these details in the interest of greater uniformity. The following document was
prepared by the Secretary and accepted by the commission for inclusion in letters to agencies after review
of their documents:

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