LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 25, 2021, Page 3

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of the Synod for a district in general and mindful of the district president’s distinct authority of
ecclesiastical supervision). 5.03 (d) should read “…shall establish policies governing the
business, legal, and property affairs of the District.”
Bylaw 5.08 (c) should probably also mention Synod regulations (e.g., Synod Bylaw 1.5.4),
though this is referenced shortly under NJ Bylaw 5.10.

The district and its secretary are thanked for their attention to the district’s bylaws and reminded to submit
to the commission any bylaw changes that may have been adopted by its convention. These will need to be
handled, in the absence of advance review and approval, under the procedure of Bylaw 3.9.2.2.3 (b), as
adopted contingent upon the positive review of the commission and/or the resolution of any newlyintroduced issues by the board of directors of the district in consultation with the commission.
90. Concordia University Wisconsin Articles, Revision and Resubmission (20-2936A)
By a letter of March 31, 2021, the chairman of the Concordia University Wisconsin Board of Regents
forwarded, in response to corresponding previous opinions, resubmissions of university articles and
university foundation articles and bylaws. This opinion regards the proposed university articles, resubmitted
pursuant to Op. 20-2936A.
The commission finds the proposed articles as submitted to be in harmony with the Constitution, Bylaws,
and resolutions of the Synod and approves them for adoption by the board of regents. The university and
its board and staff are thanked for their attention to these matters and to the review process, and requested
to forward, for the commission’s files, a clean copy of the articles as adopted by the board and filed with
the state.
91. Concordia University Wisconsin Foundation Articles, Resubmission (20-2937B)
By a letter of March 31, 2021, the chairman of the Concordia University Wisconsin Board of Regents
forwarded, in response to corresponding previous opinions, resubmissions of university articles and
university foundation articles and bylaws. This opinion regards the proposed foundation articles,
resubmitted pursuant to Op. 20-2937. With regard to these, in an email of May 25, 2021, the Assistant to
the President of Concordia University Wisconsin provided a replacement draft which included cumulative
changes proposed in Op. 20-2937 and those suggested by the commission in that review, as well as some
other minor editorial changes.
Considering the replacement draft supplied on May 25, 2021, the commission finds the proposed changes
to Article IV and to article VIII to satisfy the relationship and asset disposition requirements, respectively,
of Synod Bylaw 1.5.3.6 (a) and (b)(2). The commission finds the articles in other respects to be in harmony
with the Constitution, Bylaws, and resolutions of the Synod and approves of their adoption by the Concordia
University Wisconsin Foundation. The foundation is thanked for its attention to these matters and remind
to submit, for the commission’s cop a clean copy of the articles as adopted and filed with the state.
92. Concordia University Wisconsin Foundation Bylaws, Resubmission (20-2928B)
By a letter of March 31, 2021, the chairman of the Concordia University Wisconsin Board of Regents
forwarded, in response to corresponding previous opinions, resubmissions of university articles and
university foundation articles and bylaws. This opinion regards the proposed foundation bylaws,
resubmitted pursuant to Op. 20-2928A.
The commission indicated in Op. 20-2927A, its review of the Concordia University Wisconsin Bylaws,
referenced in Op. 20-2928A, its previous review of these bylaws, that it will be unable to approve the
bylaws of the foundation as entirely “in harmony with the Constitution, Bylaws, and resolutions of the
Synod,” as Synod Bylaw 1.5.1 prohibits an agency of the Synod (which the foundation apparently is, being
controlled by the university) from having board members that are not members of Synod congregations.
The refenced letter notes the indispensability of such members, the centrality of the university president to
the foundation’s operations, and the impression that there is no delegation of the board of regents’ authority

CCM Minutes – May 25, 2021 – Page 68