LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 17, 2000, Page 7

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Opinion: See the Opinions to Questions #2 and #11 above.
Question 14:

“Can a ministry of a District apply to the Synod for RSO status?”

Opinion: Bylaw 14.03, a, states that “Recognized Service Organization status may be granted to a
service organization (other than an auxiliary) that extends the mission and ministry of the Synod but is not
a part of the Synod as defined by its Constitution and Bylaws.” A ministry of a District is the District and
a District is part of the Synod. Since an RSO cannot be a part of the Synod, a ministry of a District cannot
apply RSO to the Synod for RSO status.
Question 15:

“If a grant made by LCEF is not authorized by the Articles of Incorporation of
LCEF or the Bylaws of the Synod as these were written at the time when the grant
was made, must LCEF seek a repayment of the funds which were given?”

Opinion: What action a synodwide corporate entity must take under its Articles of Incorporation if a
prior action of such synodwide corporate entity was contrary to its Articles is a question beyond the
function of the Commission under Bylaw 3.905. As to what action the Synod may or must take under the
circumstance, Bylaw 3.101, B, 5, provides that the President shall call up for review any action by an
agency (which includes a synodwide corporate entity under Bylaw 3.51) which, in his view, may be in
violation of the Constitution, Bylaws, and resolutions of the Synod and, if he deems appropriate, request
that such action be altered or reversed. If the matter cannot be resolved, the President shall refer it to the
synodical Board of Directors, the Commission on Constitutional Matters, and/or the Synod in convention
as he deems appropriate to the issues and the party/parties involved.
Bylaw 3.183, e, provides that the Board of Directors of the Synod shall exercise general oversight over
the operations and activities of a synodwide corporate entity as required of it in the Constitution and
Bylaws of the Synod.
Bylaw 3.195 provides that the governing board of a synodwide corporate entity shall reply to inquiries
and suggestions from the Board of Directors of the Synod relative to its operations and activities. If the
governing board and the Board of Directors of the Synod do not reach an accord on such suggestions, the
matter may be brought by the Board of Directors of the Synod to the Synod in convention for a decision.
Finally, Bylaw 3.195, e, requires a governing board of a synodwide corporate entity to be accountable to
the Synod in convention for the discharge of its assigned duties and shall submit a report thereto for
inclusion in the Convention Workbook. The Commission observes that in its report to the 1998
convention of the Synod (Convention Workbook, p. 71), LCEF included in its “Future Plans” the
following: “Continue to help the Pastoral Leadership Institute in its start-up phase. The goal of the
institute is to implement an in-service training program for pastors desiring to develop leadership skills
helpful in pastoring large and/or growing LCMS churches.”
161. Questions Re the Right of RSOs to Extend Calls (00-2193, 00-2193A)
The Commission discussed a draft document, following which it was agreed that a new draft be written
for discussion at the next meeting.
162. Questions Re Board of Regents Responsibilities (00-2199, 00-2200)
The Commission discussed a draft document, following which it was agreed that a new draft be written
for discussion at the next meeting.
163. Questions Re Brotherly Dissent and False Doctrine (00-2203)
178