Official Workbook PDF page source text

LCMS 2026 Convention Workbook: Reports and Overtures, PDF page 220

2026 Convention Workbook
185
OFFICER, BOARD, AND COMMISSION REPORTS
what language needs to be included in the documents to grant the 
Synod necessary comfort as to the binding nature of particular as-
pects 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 dishar-
mony, 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 posi-
tive 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 complemen-
tary 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 opin-
ions but all documents reviewed.
In the following, the commission notes also that it has not attempt-
ed 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, rele-
vant 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 fur -
ther 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 au-
thorize 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 Constitution-
al 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 sug-
gestion of the Secretary, the question was worded thus:
Question: 
 Does the 
CUS BOD possess the authority under By-
law 3.6.6.1 (b) (as opposed to the authority reserved 
to the convention under Bylaw 3.6.6.1 [g]) to au-
thorize implementation of a commissioned minister 
preparation program previously offered at the bach-
elor’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 Edu-
cation (BHE)/CUS, 2004 Res. 5-04A authorized the Director of 
and even the questions asked all assume that there would be struc-
tures 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 Syn-
od 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 re-
quests. 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 docu-
ments are not in harmony with the Constitution, Bylaws, and res-
olutions 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 im-
prove generally upon the governing documents of the institutions 
(although it sometimes offers what are intended to be helpful sug-
gestions). In this work, the commission must often consider where 
an omission from agency articles or bylaws of a detail that is not ex-
plicitly 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 arti-
cles or bylaws, need to include explicitly the requirement that such 
amendments be reviewed and approved in advance by this com-
mission, as required by Synod Bylaw 3.9.2.2.3 (a). As the Board 
of Directors considers changes to Bylaw section 1.5, containing re-
quirements for governing documents and practices of Synod agen-
cies, 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 ju-
risdictions 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 implica -
tions of board policy for the agencies, which is generally beyond 
its scope of work. The commission considers the determination of