LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 7,1997, Page 5

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91. Relationships in Pan-Lutheran School (Ag. 2060): A pastor had asked the Commission on
Constitutional Matters to clarify the appropriate relationship which an ELCA congregation might have with
a Missouri Synod Lutheran School Association. It was asked whether it was possible to establish a temporal
relationship whereby non-LCMS congregations could join the school association as "associate members"
paying their dues and obtaining a tuition break for children of their congregation who attend the school but
not receiving "voting" privileges. The question was also asked whether participation in a generic "Lutheran"
school with ELCA congregations constituted unionism on the part of a congregation and thereby
jeopardized its membership in The Lutheran Church-Missouri Synod on the basis of synodical Constitution
Article VI, 1, c.
The Secretary had provided a reply which stated that the request would be more appropriately directed to
the Commission on Theology and Church Relations since the Commission on Constitutional Matters would
only deal with the interpretation of the Bylaws, but would not be in a position to apply them to a specific
situation. It was also noted that some of the concerns had been addressed by the Board for Congregational
Services in a document dealing with Recognized Service Organization status. That document had been
forwarded by the Board for Congregational Services as requested by the Secretary.
In a response expressing appreciation for the reply to the request for an opinion, the pastor asked that the
matter be forwarded to the CTCR, an action which was also taken, and also asked that the matter
nevertheless be shared with the Commission on Constitutional Matters.
After reviewing the response which had been given by the Secretary and acknowledging the actions which
had been taken, the Commission on Constitutional Matters concurred with the response provided by the
Secretary.
92. Handbook Requirements for Boards and Other Issues in District Bylaws (Ag. 2067): A large
number of proposed amendments to district Bylaws had been forwarded for consideration by the
Commission on Constitutional Matters in accordance with the Handbook requirements. It was suggested
that before responding to individual district proposals, it might be helpful for the Commission on
Constitutional Matters to develop a response which would be useful to all districts as they considered their
proposals. Concerns had especially been expressed regarding the fact that some districts appear to be
moving in the direction of eliminating boards and commissions and moving to the process of dealing with
issues on the basis of ad hoc committees or task forces.
In order to provide some guidance to the districts, the Commission offered the following opinion to be
shared with all district presidents:
Over the past years a number of districts have moved toward a restructuring which, in some cases, is a
modification of their present structure and in others is restructuring of a more radical nature. In many
respects this was a result of restructuring taking place at the national level, as well as encouragement
through synodical resolutions to seek the most effective and efficient form of structure which would
enable the district to carry out its mission and ministry.
In the initial process of reviewing some proposed district bylaw changes, the Commission on
Constitutional Matters has identified concerns which it believes must be addressed. In doing so, it must
be remembered that the Commission is constrained to work within the realm given it, namely, the
Constitution and Bylaws of the Synod. It is not making a judgment regarding the desirability or
effectiveness of structures which are proposed.
One of the concerned questions which has arisen is whether a district may operate with a single board,
e.g., a Board of Directors and no other elected or appointed boards. In researching the Constitution and