LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 19-20, 1996, Page 10

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administered by the Board of Managers, and certain funds held by The Lutheran ChurchMissouri Synod Foundation) shall not be considered or treated as the property of the Synod.
7. That 1992 Bylaw 3.193 which was identical to 1989 Bylaw 3.187, d, be retained.
3.193 Capital-Fund Borrowing Authority
1. The Board of Directors shall be empowered to authorize the synodical Vice PresidentFinance/Treasurer to borrow capital funds after the board has determined the amounts and the
conditions under which these capital funds shall be borrowed, for capital-fund outlay, for site
acquisition, or for construction projects which are authorized by synodical conventions.
2. The Board of Directors and the responsible officers of the Synod are empowered to do all
things necessary to effect such capital-fund borrowings if and when required, including the
pledging of real and other property belonging to the Synod in order to secure loans to obtain
the necessary funds.
3. The borrowed capital funds shall not be used for any operating expenditures and shall be
subject to provision for amortization.
During the discussion, the Commission concluded that the word "Inc." should not only be removed but
should not be replaced with the term "corporate Synod." It further concluded that the opening statement of
proposed 3.190 should be removed from that section and that it should be incorporated in proposed Bylaw
3.181 as 3.181, a, in the following form:
The business and legal affairs of the Synod shall be conducted in accord with Bylaw 1.07. 3.181, b,
would be the proposed 3.181.
It was further concluded that the sequence of the bylaws should be the following:
3.181 as amended
3.190 as corrected
3.191
3.182
3.183
3.185
3.192
These proposals by the Commission on Constitutional Matters were adopted by the Commission.
29. Basis for Appeal - Bylaw 8.09, d : The Chairman of the Commission on Constitutional Matters also
serves on a task force for preparing rules of procedure for conflict resolution. He asked the Commission
whether it would be willing to express an opinion regarding the statement in Bylaw 8.09, d, regarding a
request for reconsideration by the President of the Synod "if a question of doctrine or practice is involved
(Article XI, B, 1-3)" as to whether the wording only allows for such a request to be made on those bases.
The phrase also appears later in the paragraph stating that that is the only reason that anyone might appeal
for reconsideration. It was noted that at this time the Task Force on Conflict Resolution is preparing
standards governing appeal and that included among the basis for an appeal is incorrect factual information.
No final conclusion was drawn by the Commission although it was noted that in the third sentence the
question could be raised as to whether the phrase should be read "and shall be accompanied by written
memorandum stating the basis for the request, identifying the doctrine or practice with which the decision is