LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 27–August 3, 2023, Page 3

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Matters to determine how the constitutional requirement of a four-year term must be applied to bylaws set
up for a three-year cycle. In summary, adoption of a constitutional change without a finished
implementation in bylaws that could be carefully weighed by the convention or by the congregations, who
will be asked to ratify the constitutional change before seeing its implementation, involves significant risks
that should be made clear to the convention.
(D) Proposed Amendment to Res. 9-10, “To Amend Bylaws 3.6.4 and 3.6.4.4.1 to Clarify Use of
Lutheran Church Extension Fund Financial Resources and Related Services”
By an email of July 26, the LCEF President and CEO forwarded proposed changes to Res. 9-10 for the
commission’s review. The commission finds the changes not inconsistent with the Constitution and Bylaws
of the Synod but offers the following recommendations as to two additional questions raised in
correspondence with the requester regarding the language of Bylaw 3.6.4 as would be proposed:
First, as to whether “partner churches” should be retained, the commission finds that either this term (a term
of art within the Synod), followed by the explanatory passage “with which the Synod is in altar and pulpit
fellowship,” or “church bodies,” followed by the same explanatory passage, would be clear and acceptable.
Either way, the applicability of (1) is only to such partner church bodies as such. The language of (2) would
apply to congregations or other entities that are part of such church bodies, and to such would apply all the
requirements of (2).
Second, as to the word “entity,” in this context, the commission understands the intent to be to refer to any
legal entity, whether incorporated or not incorporated, that is not a human person (cf. usage, in another
context, in Bylaw 3.9.5.2.2 [e]). Black’s Law Dictionary provides as a definition for entity the following:
“Legally, equal to a person who might owe taxes. A generic term inclusive of person, partnership,
organization, or business. An entity can be legally bound. An entity is uniquely identifiable from any other
entity.” It would be well, therefore, to more specifically exclude persons, if this is the intention, perhaps in
the following fashion: “entities formed and operating outside the United States.” The commission notes
also that the use of the term “Lutheran” apart from explicit connection to Const. Art. II will require
significant interpretation in application; however, this is not inherently in conflict with the Constitution and
Bylaws.
The commission finds the changes not inconsistent with the Constitution and Bylaws of the Synod and
offers the above suggestions for clarity’s sake.
(E) Proposed Amendments (Preus) to Res. 7-04, “To Revise Bylaws to Revisit and Renew Relationship
of Colleges and Universities with the Synod”
At the request of the floor committee chairman, the commission reviewed changes being proposed to Floor
Committee 7, assembled by committee member Christian Preus in a draft of July 17. The commission found
the changes proposed and, at least in concept, those described in the comments to be consistent with the
Constitution and Bylaws of the Synod.
(F) Proposed Amendments (Universities) to Res. 7-04, “To Revise Bylaws to Revisit and Renew
Relationship of Colleges and Universities with the Synod”
At the request of the floor committee chairman, the commission reviewed changes being proposed to Floor
Committee 7 by the presidents and boards of the Concordia Universities, as embodied in a draft of July 25.
The commission notes the following:
•

With regard to Bylaw 3.6.6.1 (d), 3.10.6.1 (q), and 3.10.6.9.6 (numbered as proposed), the scope
of the Model Operating Procedure Manual (MOPM) and the proposed reliance on bylaw sections
(Bylaw sections 1.10 and presumably 2.14) are not the same. While it is possible to strike the
MOPM and replace it with locally-developed policies, the lack of a uniform procedure, available
broadly to the whole Synod, for handling of complaints from the campus and beyond may raise
issues that cannot entirely be addressed by existing processes.
CCM Minutes – July 27–August 3, 2023 – Page 155