LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 15–16, 2021, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
St. Louis, Missouri
January 15–16, 2021
71. Call to Order and Opening Devotions
Commission Chairman Dr. George Gude called the meeting to order with all members present and invited
Rev. Owen to offer opening devotions, which he did, Friday and Saturday, on the basis of Ps. 139:1–18.
Dr. Gude then introduced the agenda for the present meeting.
72. Concordia University Wisconsin Bylaw Revision, Further Revised (20-2927B)
The President of Concordia University Wisconsin, by an email memorandum of Aug. 28, 2020, and in
response to the commission’s Op. 20-2927A, forwarded a new draft of his university’s proposed bylaw
revision. He also proposed a clarification of the language included in Section 10.7 thereof as a “general
fail-safe mechanism” to allow for the fact that a convention may later invalidate an opinion of the
commission and to limit the board of regents’ corrective action in such a circumstance to “that specific area
needing to be modified to achieve compliance,” noting that the university would prefer to leave the language
in place.
The commission found the revised draft to have addressed the commission’s concerns as indicated in Op.
20-2927A, except for that involving Section 10.7. The commission has no authority to authorize deviation
from the university’s bylaws, or basis for doing so, except as would be required to satisfy the requirements
of Synod’s Constitution, Bylaws, or resolutions. It may be possible for the language to be intended to
validate the action of a majority of the Board of Regents sufficient to have amended the bylaws where their
action, while contrary to the Bylaws of the University as adopted at that time, was found to be necessitated
by prevailing Synod directives as interpreted by the Commission on Constitutional Matters. The
commission, while it feels the provision is obviated by Section 10.8, suggests the following change to render
the language clear, if the provision is felt to be necessary:
Section 10.7. Implied Amendments. Any action taken or authorized by the Board of Regents
which would be inconsistent with the these Bylaws then in effect but has received prior approval
been indicated by the Commission on Constitutional Matters of the Synod to be required by the
Constitution, Bylaws, or resolutions of the Synod and is taken or authorized by affirmative vote of
not less than the number of Regents required to amend the Bylaws so that the Bylaws would be
consistent with such action will be given the same effect as though the Bylaws had been temporarily
amended or suspended so far, but only so far, as is necessary to permit the specific action so taken
or authorized.
The commission also noted one additional detail: At Section 3.4, the regents elected by the Synod
convention assume office on Sept. 1 following the convention.
With the above changes implemented as suggested, the bylaws as proposed are found to be consistent with
the Constitution and Bylaws of the Synod and are approved for adoption by the board of regents. If the
commission’s proposal regarding Section 10.7 is inadequate, in the university’s view, that would need to
be revisited. The university, in particular, its board, counsel, and president are thanked for their submission
of these documents for review.
73. North Wisconsin District Bylaws, Revised Proposal (20-2941A)
The Office of the North Wisconsin District President, by an email of Oct. 9, and in response to the
commission’s Op. 20-2941, forwarded a new draft of the district’s proposed bylaw revision. The
commission notes that its concerns have been addressed and approves the bylaw proposal to the convention
under the following conditions:

CCM Minutes – January 15–16, 2021 – Page 57