LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 7–8, 2009, Page 3

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26. Page 5-18, Policy 5.4.1: This paragraph fails to reflect accurately Article XI F 2, omitting
mention of delegation to an agency by the Synod itself. Mention should also be made of Bylaw
1.4.4. The Bylaw reference given should be Bylaw 1.2.1 (p).
27. Page 5-19, Policy 5.4.1.2: The reference to Bylaw 3.3.5.7 appears not to be helpful. The reference
to the boards of regents should also include reference to Bylaw 3.8.3.6.4 (i).
28. Page 5-25, Policy 5.6.1.1: The bylaw reference should be Bylaw 1.5.2.
29. Page 5-25, Policy 5.6.2.1: The second word of the paragraph would better read ‘incorporated.”
30. Page 5-26, Policy 5.6.3.6: Bylaw reference and quotation are inaccurate according to 2007
Handbook.
31. Page 5-27, Policy 5.6.5.2: The quote is inaccurate and should now be Bylaw 1.5.5.
32. Page 5-28, Policy 5.6.6.1: The bylaw reference should be corrected and the title of the section
reconsidered since it speaks of “corporate agencies.”
33. Page 5-29, Policy 5.6.6.1.4: Bylaw reference should also include Bylaws 3.3.1.2 and 1.5.5 (a)
(1).
34. Page 5-31, Policy 5.6.6.5: Not all agencies, especially commissions, have chief executives.
35. Page 5-35: Bylaw reference 3.8.3.2 in the third column should read 3.6.6.2; and 3.7.1.2 should
read 3.7.1.3. In the latter case, the content of the fourth column requires updating.
36. Page 5-36, Policies under 5.7.3.1.1: The commission suggests review of these policies. The
Constitution and Bylaws allow delegation of certain property rights to entities other than the
Board of Directors itself. In theory, the list of potential donors assembled by those entities may be
subject to the control of the agency to which delegation is made, rather than the Board of
Directors. For example, this may be true with respect to donor lists created by colleges,
universities and seminaries, the Board for Communication Services, and KFUO radio. This same
concern applies to Policy 5.7.3.2.3.
37. Page 5-38, Policy 5.7.4.1: The bylaw is not quoted accurately.
38. Page 5-38, Policy 5.7.4.3: The Board for Communication Services is to make itself available to
the President, rather than vice versa (see Bylaw 3.8.5.2 [a]).
(B) Review of the following Bylaws/policy manuals will remain on the agenda of the commission:
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Board for Pastoral Education (06-2471)
Board for University Education (06-2472)
Commission on Doctrinal Review (08-2517)
LCMS Foundation (08-2522)
Concordia Historical Institute (08-2523)
Commission on Theology and Church Relations (08-2525)
Concordia Plan Services (08-2526)
Lutheran Church Extension Fund (08-2530)

(C) The secretary of the commission was asked, for the sake of review, to obtain and distribute to the
members of the commission the current Articles of Incorporation and Bylaws of the LCMS Foundation,
Concordia Publishing House, and Concordia University System.
(D) The secretary of the commission was asked to create a Policy Review Master List and calendar to
provide a record and good order to the commission’s review of agency policy documents.

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