LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 6–7, 2018, Page 13

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155. Minnesota South District Policy Manual, Proposed (18-2879)
By a February 16 letter, the Secretary of the Minnesota South District forwarded his district’s policy manual
for review by the commission. The commission thanks the district for sending its policies for review and
notes the following points needing attention:
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•
•
•

In connection with policy 1.05.01, the requirements of the LCMS Board of Directors Policy Manual
need to be applied and/or referenced under LCMS Bylaw 1.5.3.
Potential misunderstandings must be avoided carefully in the designation of constitutional officers
of the district as “executive staff.”
The district may wish to check policy section 3.21 against the current operating practices of the
Lutheran Church Extension Fund.
Under policy section 4.08, it may be helpful to note that Synod and its officers and agencies
consider the last approved version of congregational governing documents to be in force (LCMS
Bylaw 2.4.1 [f]).

156. South Wisconsin District Articles of Incorporation and Bylaws, Revised Proposal (17-2862A)
In response to the commission’s previous review, the Secretary of the South Wisconsin District, by an April
5 e-mail, forwarded for the commission’s review a revised draft of the district’s articles and bylaws. This
draft was found to satisfy the commission’s previous concerns and is approved for presentation to the
convention. The district is thanked for its cooperation with the review process and asked to submit a clean
copy of its articles and bylaws as adopted for the commission’s files.
157. South Wisconsin District Bylaw Amendment, Proposed (17-2862B)
By an April 7 e-mail, the Secretary of the South Wisconsin District forwarded an amendment intended to
be applied to Bylaw 1.54. Upon review, the commission gives its approval, noting only its uncertainty about
whether Bylaw 1.54 (c) is intended to remain or be removed in the amendment. It is the commission’s
opinion that (c) is useful, and the commission’s presumption that it remains. The district is thanked for its
cooperation with the review process and asked to submit a clean copy of its articles and bylaws as adopted
for the commission’s files.
158. Concordia University Irvine Articles of Incorporation, Bylaws, and Faculty Contract (17-2808)
By a December 21, 2016, e-mail, the general counsel for Concordia University Irvine (CUI) forwarded for
the commission’s review the university’s articles of incorporation (dated October 18, 2001), bylaws (dated
December 9, 2016), and faculty contract (dated March 19, 2014).
With regard to the articles, the commission notes the presence of the asset disposition language required by
LCMS Bylaw 1.5.3.6 (b), but the absence of the relationship language required by LCMS Bylaw 1.5.3.6
(a). The university is reminded of its need to revise its articles into compliance with Bylaw 1.5.3.6 and 2016
Res. 9-02A in time for compliance to be reported to the 2019 convention of the Synod. The commission
also notes the absence of an indication in the articles that revisions must be reviewed and approved in
advance by the LCMS Commission on Constitutional Matters (LCMS Bylaw 3.9.2.2.3 [a]), a lacuna that
might as well be corrected at this time.
With regard to the bylaws, the commission finds nothing requiring attention, other than the following:
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•
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There is no reference to LCMS Bylaw 1.5.2’s conflict of interest policy.
The commission questions whether all new regents, whether elected at district or Synod
conventions, or appointed by the board, take office on September 1 (CUI Bylaw 5.4). Noted in this
connection is LCMS Bylaw 3.2.4 (g).
In CUI Bylaw 8.3, the commission presumes that the “officer” referenced is an officer of the board,
and that the removal spoken of is removal from that office and not from the board.
CCM Minutes – April 6–7, 2018 – Page 120