LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 11–13, 2011, Page 7

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process for matters involving theological, doctrinal, or ecclesiastical issues, but would not be required to
acquiesce in that process in situations involving the exceptions described in Bylaw 1.10.3, including
property disputes such as mortgage issues.
Question 4: If an agency which is governed by Synod or district employees becomes a party involved in
a conflict with a member of the LCMS, does the Synod or governing district also need to be
included in the dispute resolution process?
Opinion: No. The Bylaws of the Synod make no such provision or requirement.
67. Review of Montana District Bylaws (11-2593)
With a June 10, 2011 emailed letter, the president of the Montana District submitted his district’s revised
Bylaws for review and approval by the commission. The commission will provide a copy of its
“Frequently Noted Concerns and Aberrations Document” for consideration by the district when it gives
final attention to its bylaws document to be submitted to its convention. In addition, upon its careful
review, the commission made the following recommendations (all bylaw references will use new bylaw
numbers):
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Page 2, deleted former outline of contents: The commission notes the deletion of “IV. Bylaws for
the Montana District Foundation Fund” and questions what has happened to these bylaws, as they
also are subject to review.
Bylaw 1.1: The Articles of Incorporation of the district are referenced but were not included in
the document for review. The commission requests that a copy be provided.
Bylaw 1.2: The commission noted that there is no reference here or elsewhere to the role of the
Constitution and Bylaws of the Synod in the work of the district (see Synod Bylaw 4.5.1). It
would also be more correct to replace “or” in the last line of the paragraph with “and/or.”
Bylaw 1.3.2: In numerous occurrences where the document contains reference to a Nominations
and Elections Panel,” it would be helpful and more accurate to use the terminology of the Bylaws
of the Synod, which refer to this group as a “committee” (Synod Bylaw 4.7.2).
Bylaw 1.3.2, paragraph k 2: This sentence would read better with the omission of the word “as.”
Bylaw 1.3.2, paragraph n: This paragraph correctly refers to the “selection” of circuit counselors
by circuit forums. It should also make reference to the ratification of the slate of selected circuit
counselors by the district convention, which constitutes election.
Bylaw 1.3.2, paragraph q: The location of this paragraph is out of place, as the election of
advisory delegates to Synod conventions takes place in another manner. It could better be located
under Bylaw 1.3.3, since the election of advisory delegates most often happens at district
ordained and commissioned minister conferences.

7. The bylaws of the new corporation shall provide that minutes of its Board of Directors or other governing board, and
regular independently audited financial statements, shall be promptly furnished to the Board of Directors of the
appropriate District, seminary or college, or other corporation of the Synod. The bylaws of the District, seminary or
college, or other corporation of the Synod shall require its Board of Directors to review and to appropriately respond to
the content of those minutes and financial statements;
and be it further
Resolved, That failure to comply with the above procedures and to receive permission to establish or
utilize new corporations from the Synod in convention or from the Board of Directors will cause such new and unauthorized
corporations to be treated as not a part of the Synod for legal and tax purposes; and be it finally
Resolved, That this resolution be considered in no way as a challenge to or a weakening of the rights
assured under the Synod's Constitution, Bylaws, and convention resolutions to each district, seminary,
college, or other corporation constituting a part of the Synod.

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