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LCMS Convention Workbook St. Louis, Missouri — 2026, Page 185

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

OFFICER, BOARD, AND COMMISSION REPORTS
and even the questions asked all assume that there would be structures that involve ownership by LCEF and/or the LCMS-related
entity, on the one hand, and third parties (whether developers or
investors), on the other hand. Regardless of the level of the various
ownership interests, or the rights associated with the interests, the
fact of having an entity that is not wholly owned by an agency of
the Synod would not be permissible.

2023 Res. 7-04B Review of Higher Education
Governance Documents (23-3023)
Minutes of September 12–13, 2025
The commission received an assignment in 2023 Res. 7-04B, “To
Revise Bylaws to Revisit and Renew Relationship of Colleges and
Universities with the Synod,” part C, “To Clarify Relationship of
the Synod’s Board of Directors to the Concordia University Boards
of Regents,” to provide input to the Board of Directors of the Synod on “the governing documents and governance practices of all
higher education institutions of the Synod,” with “all boards of
regents and boards of associated foundations [being] directed to
correct any identified noncompliance with the Synod Constitution,
Bylaws, and resolutions.” The commission requested documents in
a memorandum of December 8, 2023, making some follow-up requests. It commenced its review of the documents at its March 2024
meeting with the first documents received, determining to hold all
the reviews for collective release. It concluded its review of the last
institution’s documents at this meeting and now releases its reviews
for all the universities and seminaries of the Synod.
In its reviews it has noted areas where institution governing documents are not in harmony with the Constitution, Bylaws, and resolutions of the Synod, in some places, due to the changes effected
in the Synod Bylaws by 2023 Res. 7-04B, but in many places, with
regard also to prior Synod Bylaws. It is important to note that the
commission is charged to identify such disharmonies, not to improve generally upon the governing documents of the institutions
(although it sometimes offers what are intended to be helpful suggestions). In this work, the commission must often consider where
an omission from agency articles or bylaws of a detail that is not explicitly required to be included in such documents (by, for example,
Bylaw 1.5.3.6) constitutes such a disharmony. To give one specific
instance, the commission has found, and indicates in these reviews,
that agency articles and bylaws, where they state or assume from
corporation law generally an ability of the board to amend the articles or bylaws, need to include explicitly the requirement that such
amendments be reviewed and approved in advance by this commission, as required by Synod Bylaw 3.9.2.2.3 (a). As the Board
of Directors considers changes to Bylaw section 1.5, containing requirements for governing documents and practices of Synod agencies, the explicit requirement of inclusion of this explicit provision
in agency governing documents may warrant inclusion.
Generally, the commission has noted certain provisions included
in agency documents that, apart from inclusion of material from
the Synod Bylaws, could prove misleading in isolation. It has not,
however, generally scrutinized the governing documents for places
where contradictory default inferences from laws of relevant jurisdictions or arguments from silence made otherwise might cloud
a Synod procedure for, for example, removal of directors (Bylaw
1.5.7) or limitations on real property or borrowing authority, etc.
The commission has likewise not fully attended to the implications of board policy for the agencies, which is generally beyond
its scope of work. The commission considers the determination of

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what language needs to be included in the documents to grant the
Synod necessary comfort as to the binding nature of particular aspects of Synod governance on the institutions to be a matter for
consideration by the Board of Directors more than by this body.
The commission, because the nature of its work is to detect disharmony, tends to produce negative documents indicating facets that
require correction. Staff of the Office of the Secretary is preparing
an accompanying document with the intention of providing positive guidance, more useful for a university or seminary considering
development of new provisions or policies and seeking suggestions
as to what should be included. Once the review of this document
by the Office of the Secretary and this commission is complete, the
Office of the Secretary intends to release it as an item complementary to the following opinions.
The opinions that follow are named after the respective institutions
but receive the agenda item number assigned to the general review
project, Ag. 23-3023.
The commission notes to the Board of Directors all the following
reviews and will provide to the Board of Directors not only its opinions but all documents reviewed.
In the following, the commission notes also that it has not attempted to correct all instances of references to Synod Bylaws rendered
incorrect simply due to renumbering as a result of 2023 Res. 7-04B
or other changes.
For reports on individual institutions’ governing documents, relevant to Report R5, see noted minutes.

Director of Family Life Ministry
Authorization (25-3072)
Minutes of December 2, 2025
By an email of September 21, augmented by submission of further documents on September 22, the chairman of the Concordia
University System (CUS) Board of Directors (BOD) requested an
opinion of the commission on the following question, related to the
CUS BOD’s motion, taken September 19, to wit:
[Resolved,] To approve the minor curricular changes to the
Director of Family Life Ministry (DFLM) Program and authorize it to be offered at the Master’s level at Concordia
Nebraska and Concordia Wisconsin under Bylaw 3.6.6.1 (b),
contingent upon review by the Commission for Constitutional Matters.
The commission was also provided with a document entitled,
“White paper in support of changes to colloquy requirements for
commissioned status of Commissioned Family Life Ministers in
The Lutheran Church—Missouri Synod,” as was provided to the
CUS BOD, and a number of other backup documents. At the suggestion of the Secretary, the question was worded thus:
Question:

Does the CUS BOD possess the authority under Bylaw 3.6.6.1 (b) (as opposed to the authority reserved
to the convention under Bylaw 3.6.6.1 [g]) to authorize implementation of a commissioned minister
preparation program previously offered at the bachelor’s level at one Concordia campus in the form
of a master’s level program including substantially
equivalent subject matter at the same or a different
Concordia university?

Opinion: On the recommendation of the Board for Higher Education (BHE)/CUS, 2004 Res. 5-04A authorized the Director of
2026 Convention Workbook