LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 6, 2023, Page 2

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the year 2001.” The language adopted by LCEF designated three members to be elected by the
Synod in convention, as newly required by 1998 Bylaw 3.490, but did not reduce the total size of
the board to bring the ratio into alignment with Bylaw 3.192 (present-day Bylaw 3.6.1.3 [a]) or
with the comment under which the 1998 change to Bylaw 3.490 was adopted, which indicated that
the change was to “establish[] that a minimum of approximately [n.b., the Bylaw no longer allows
approximation] one-third of the voting board members are elected by the Synod in convention”
(1998 Res. 8-03B, Proc., 167). (Perhaps the ratio of 3/11 was felt to be “approximately” 1/3 at the
time, although documentation of this conclusion has not been identified.) Nonetheless, this reflects
the identification of a long-standing but apparent conflict between the Bylaws of the Synod and
those of LCEF, which will need somehow to be addressed.
Article II, Section 3: Here it is provided that no director may be re-elected after serving four consecutive
terms; Synod Bylaw 3.6.4.3, however, does not read “consecutive” or “successive,” but limits
directors of LCEF to four terms total.
Article II, Section 6 f: perhaps “including the District Vice Presidents” is intended here?
Article VI, final sentence: “to ascertain that” should read (cf. Bylaw 3.6.1.7 [a]) “for it to review and
approve that.”
The commission notes with regard to the board composition and term limitation issues noted above with
regard to the LCEF Bylaws, the commission intends to make a full review of LCEF Bylaws and to consult
with LCEF about resolution of the noted issues, which may be both surprising and complex.
In order to provide a response before the September Board of Directors meeting, the commission members
individually reviewed this change and unanimously adopted this opinion in an electronic action, taken
without a meeting.
John W. Sias, Secretary

CCM Minutes – September 6, 2023 – Page 2