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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 11–13, 2012, Page 6

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Source: The Lutheran Church—Missouri Synod (files.lcms.org)

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The commission responds by noting that the SD-CEF was formed pursuant to a resolution of the Synod
and is therefore an agency of the Synod under Synod Bylaw 1.2.1 (a). A district president is the chief
executive officer of the district (Synod Bylaw 4.4.1) as well as being responsible for the ecclesiastical
supervision of those within his district, including agencies of the Synod operating exclusively in that
district (Synod Bylaw section 4.4).
In reviewing and approving governing documents of a district church extension fund, the documents must
show that the church extension fund ultimately is responsible to the authorizing district in convention and
may have additional restrictions and responsibilities for which it must answer to the district through its
board of directors, president, or otherwise as provided in its governing documents.
To the extent that a district church extension fund has not submitted its documents for appropriate
approval by the Commission on Constitutional Matters, such failure should be brought to the attention of
the commission and other officers of the Synod as appropriate. To the extent that adopted governing
documents of a church extension fund require responsibility and accountability to a district, the president
of the district, as described in the district’s governing documents, should assure that those requirements
are being followed.
Operations Manual Submitted by the Southern District CEF
With a transmittal dated May 3, 2012, the SD-CEF also submitted a series of individual operations
policies (rather than an integrated comprehensive operations manual). The policies generally are
identified as having been originally adopted in May of 2004, with a last revision date of March 2012. The
policies appear to be consistent with the Constitution, Bylaws, and resolutions of the Synod.
The “Loan Policy Procedures” policy appears to limit eligible borrowers from the fund to members of
The Lutheran Church—Missouri Synod located in the LCMS Southern District, to related LCMS
agencies and recognized service organizations located and operating in the geographical area of the
LCMS Southern District, and to the LCMS Southern District itself. While loans outside the district may
be permissible, this policy properly reflects the limitations on the function of the SD-CEF to members,
agencies, and entities of or related to The Lutheran Church—Missouri Synod.
The commission will make a full review of these policies after the Articles of Incorporation and Bylaws
have been finally reviewed and approved.
126. Kansas District Articles of Incorporation/Bylaws Review (11-2606 [A])
With an email dated May 7, 2012, the secretary of the Kansas District supplied his district’s Articles of
Incorporation and Bylaws for final review, calling attention to changes to the Bylaws that are being
proposed to the district’s 2012 convention. Upon review of the documents, the commission advocated the
following additional changes before submission to the convention (new wording underscored).
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Bylaws Article III, paragraph 1 (e): Correction of this paragraph must also include the deletion of
the words “shall be elected from the pastors of the member congregations of the circuit or pastors
emeriti who” and adding the words “upon election” before the words “shall hold membership.”
Bylaws Article V, paragraph 2: The terminology “ordained ministers” and “commissioned
ministers” should be used consistently throughout this paragraph, as in Synod Bylaw sections 4.8
and 4.9.

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