LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 10–11, 2017, Page 7

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

Amendments to the Bylaws may be made, provided they are not contrary to the constitution,
bylaws or resolutions of the District or Synod, presented in writing to a convention of the
district; specified as bylaw amendments and considered by a convention floor committee;
adopted by the affirmative vote of a majority of the delegates present and voting. All
amendments to the bylaws are required to be reviewed and approved by the Synod’s
Commission on Constitutional Matters prior to their submission to the convention to ascertain
that proposed amendments are in harmony with the Constitution, Bylaws, and resolutions of
the Synod (Synod Bylaw 3.9.2.2.3 [a]).
The district in convention may vote to amend its previously approved bylaw changes or, in
unusual circumstances, to amend its bylaws without prior approval provided the resolution is
contingent on approval of the Commission of Constitutional Matters (CCM). In that case, the
amended articles or bylaws become effective immediately upon, and only upon, approval of
the CCM. Should the CCM not approve the adopted changes, the district Board of Directors
may modify the amendments to comply with the CCM requirements upon their two-thirds vote
(Synod Bylaw 3.9.2.2.3 [b]).
The commission approves the bylaw revision, contingent on these two points being addressed as suggested,
for presentation to the convention. Noted is the district’s indication that it may yet propose an additional
change to Bylaw 6.03 [a]. Should such a proposal develop, the commission will need to review it prior to
its submission to the convention.
The commission thanks the North Wisconsin District for facilitating the timely review of its proposal for
amending its bylaws, and reminds the district to submit, following its convention, a clean copy of its bylaws
as adopted.
104. 2016 Res. 9-02A Review of Concordia St. Paul Documents (16-2804)
In response to the commission’s request for articles of incorporation and faculty complaint and dispute
resolution policies from the colleges and universities of the Synod, the President of Concordia University,
St. Paul, forwarded an explanation of his institution’s policy for handling complaints as well as his board’s
policy manual, which included the institution’s articles and bylaws. Although all these documents fall
within the commission’s review purview, the commission determined to review the articles at this time and
to review the remainder separately under agenda item 16-2804A.
Concerning the articles of incorporation, the commission finds them to lack the relationship language
required by LCMS Bylaw 1.5.3.6 [a] and to be deficient in the asset disposition language required by Bylaw
1.5.3.6 [b], in that the assets are to be transferred to The Lutheran Church—Missouri Synod or to other 501
(c) (3) organizations. Concordia St. Paul is requested to propose an amendment to its articles satisfying
Bylaw 1.5.3.6 and 2016 Res. 9-02A, in time for the adoption of such an amendment to be reported to the
2019 convention of the Synod.
105. South Wisconsin District Bylaw and Articles Revision of 2015 (17-2862)
The Secretary of South Wisconsin District, in a Nov. 6 e-mail, submitted the 2012 bylaws and articles of
his district, along with amendments to each adopted by the district’s 2015 convention—inadvertently
without prior review by the CCM—for review.
With regard to the Articles of Incorporation: The commission notes that the changes adopted in South
Wisconsin District’s 2015 Res. 2-04 bring the district’s articles into compliance with the Synod’s 2004 Res.
4-11, 2016 Res. 9-02A, and Bylaw 1.5.3.6. The commission notes that Article VII should include the
requirement that changes to the articles be reviewed and pre-approved by the LCMS Commission on
Constitutional Matters. The commission requests such language be developed and submitted for approval
by the commission, prior to is submission to the convention.

CCM Minutes – November 10–11, 2017 – Page 80