LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 30-31, 1981, Page 6

Transcription machine transcription, uncorrected

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Resolved, That if any District, including but not limited to the Ohio District, assembled in
convention, should approve the proposal to incorporate the District's Church Extension Fund, the
officers and the directors of such District are hereby directed to refrain from establishing lashing
such corporation until the Synod's Board of Directors and Board of Church Extension have
reviewed and approved the Articles of Incorporation, Bylaws, and proposed policies pursuant to
which the said new corporation would conduct Church Extension functions within that District.
This policy shall be applicable to all Districts of the Synod including, but not limited to, the Ohio
District.
In this regard, this document was not previously made known to the Commission on Constitutional
Matters and it appears after further research that it apparently was not considered by the floor committee
or by the delegates to the 1979 synodical convention in St. Louis, although it may or may not have been
material to the consideration of 1979 convention Res. 4-01A and Res. 4-02.
It has also been established that, apparently, this resolution quoted above was adopted by the synodical
Board for Church Extension in Detroit several days before the June, 1978 convention of the Ohio District,
but was not furnished to the Ohio District until some time after its convention.
Further, the Ohio District contends that its decision was made without any regard to the then proposed
Lutheran Church Extension Fund—Missouri Synod (established as a separate corporate entity under the
laws of the State of Missouri on June 15, 1978) and certainly without any deliberate attempt to
circumvent participation in an existing or proposed Fund.
Then, as mentioned in the Commission's opinion of July 26, 1980, in what was apparently a "joint"
session of the synodical Board for Church Extension and the newly formed Lutheran Church Extension
Fund-Missouri Synod Board of Directors, a 'policy' was adopted on March 2-3, 1979 and reaffirmed June
20-21, 1980 (after the adoption of the 1979 synodical convention Res. 4-02, permitting Districts not to
join the new fund created by the Synod) prohibiting Districts from establishing such a separate
corporation.
So, the Commission is now faced with the additional problem of what is the effect or the relationship, if
any, of these three resolutions.
The Ohio District indicates that it is not certain that it is bound by the June 1978 resolution of the
synodical Board for Church Extension and suggests the March 2-3, 1979 resolution of the "joint" "Board"
and "Fund" may be controlling (as having superseded and replaced the June, 1978 "Board" resolution)
and contends, together with its counsel, as hereinafter discussed, that its action does not violate any
"policy" in that there is a clear distinction between the mechanics of the proposal of the Ohio District and,
for example, the manner in which the LCMS Fund was established as a separate corporation by the
Synod.
The "Board" and the "Fund" (two separate boards are involved here although the same persons comprise
both boards) apparently contend that all three actions should be considered, but further believe the March
2-3, 1979 resolution. reaffirmed June 20-21, 1980 should be more controlling in nature.
However, counsel present for the "Board" and "Fund" indicates that the action of March 2-3, 1979 and
June 20-21, 1980 may have been unnecessary and superfluous, and indicates that the June 1978 resolution
should be considered as controlling