LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 13, 2000, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
April 13, 2000

114. Call to Order and Prayer
With all members of the Commission responding to the roll call of the Secretary, Chairman Walter Tesch
called the conference call meeting to order and asked Alan Barber to open the meeting with prayer.
115. Interpretation of Bylaw 3.905, d (99-2173)
Secretary Hartwig reported that he has spoken to the pastor who has requested this opinion, asking for a
definition of “parachurch.” The pastor has indicated that he will rephrase and resubmit his question.
116. Montana District Bylaws (99-2174)
The Commission gave approval to the proposed changes to the Bylaws of the Montana District with the
proviso that one concern be addressed:
On page A-18, Bylaw 3.15, “Bylaws for the Montana District Foundation Fund,” the
Commission advises that under Part III, “Duration,” the words “a successor Missouri
Synod District or, if no successor district exists, then it shall become the absolute
property of” and the word “FOUNDATION” be deleted from lines 6-9, and that the final
sentence of the paragraph beginning at current line 12 also be deleted. Bylaw 4.07, d, of
the Synod stipulates that if a District is not in existence at the time of dissolution of a
corporation controlled by that District, the assets are to be distributed to The Lutheran
Church—Missouri Synod.
This paragraph “III. Duration” under Bylaw 3.15 of the Montana District Bylaws will therefore read:
The fund shall continue in existence and be used as hereinabove provided, unless earlier
revoked so long as the Montana District of The Lutheran Church—Missouri Synod shall
continue to exist. If the Montana District of The Lutheran Church—Missouri Synod
should cease to exist, then the assets constituting the Fund, when the Montana District of
The Lutheran Church—Missouri Synod ceases to exist shall become the property of THE
LUTHERAN CHURCH—MISSOURI SYNOD (except that any and all properties held
by the Fund upon special conditions, restrictions or limitations shall continue to be
subject to the conditions, restrictions or limitations upon which such properties are held).
117. Use of LCMS Foundation by LCMS Educational Institutions (00-2178)
The Executive Director of the Board for Higher Education of the Synod, upon request of Boards of
Regents of synodical educational institutions, requested the following opinion of the Commission:
QUESTION: Are the educational institutions of the LCMS required to use the LCMS Foundation
as the manager of invested funds (permanent endowment, quasi endowment, restricted funds, etc.)?
OPINION: The Commission responds with a review of pertinent Bylaws of the Synod as they relate to
the question.

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