Workbook page: 446
PDF page: 481
Section: No public section attached
Source status: source checked / public
LCMS 2026 Convention Workbook: Reports and Overtures, PDF page 481
business and financial affairs (Bylaw 3.3.4.4 –5) and require reporting to the Synod in convention concerning the administration of those affairs (Bylaw 3.3.4); and WHEREAS, These and other Bylaws of the Synod establish an accountability structure that depends upon the keeping and reporting of official records and financial information for the governance of the Synod, while permitting appropriate confidentiality through exec utive session, personal privacy, and legal privilege; and WHEREAS, When legal judgments or settlements impose closed- door processes, sealed statements, or broad nondisclosure obligations, the Synod’s ability to exercise that accountability is materially diminished; therefore be it Resolved, That the Synod affirms a presumption of transparency in the negotiation and approval of legal judgments and settlements entered into by or on behalf of the Synod, such that material information concerning the nature and resolution of matters is not unnecessarily concealed from congregations of the Synod; and be it further Resolved, That this presumption of transparency shall be exercised with Christian care and prudence, permitting confidentiality as necessary to protect personal privacy, especially of victims or minors, pastoral or medical information, and privileged legal communications; and be it further Resolved, That the Synod shall not enter into legal judgments and settlements that prevent those charged with ecclesiastical governance and supervision from receiving the information reasonably necessary to carry out their responsibilities on behalf of the Synod; and be it further Resolved, That the financial terms of legal judgments and settlements entered into by the Synod shall ordinarily be subject to disclosure to the Synod, except where limited confidentiality is necessary to protect personal privacy or required by law; and be it further Resolved, That the BOD provide a regular, appropriately redacted summary report to the Synod in convention of all legal judgments and settlements entered during the preceding triennium, sufficient to inform the Synod of their general nature, scope, and financial i mpact, without imposing undue administrative burden; and be it finally Resolved, That for the purposes of this resolution, “sealed” or “concealed” information shall include legal judgments and settlement provisions that prohibit the retention of records necessary for governance and supervision, broadly restrict disclosure of material facts to congregations of the Synod, or impose nondisclosure obligations that effectively prevent meaningful reporting, while not including narrowly tailored confidentiality necessary for the protections named above. Circuit 27 (Livonia) Michigan District Ov. 8-18 To Direct Board of Directors to Review and Publish Comprehensive Accounting of LCMS Monies Spent on HotChalk, Concordia University Texas, and Hong Kong International School Association Limited Litigation WHEREAS, The delegate convention of the Synod is the legislative assembly that ultimately legislates policy, program, and financial direction for the Synod’s work and “reserves to itself the right to give direction to all officers and agencies of the Synod,” who are accountable to the Synod for their actions (Bylaw 1.4.1); and WHEREAS, Bylaw 1.5.4 provides for full financial disclosure of the Synod’s and its agencies’ books and records to any member congregation, while recognizing specified, limited exceptions for donor and personnel confidentiality, in‑process negotiations, information whose disclosure would breach a legal obligation or affect pending litigation, and preliminary or nonfinal information; and WHEREAS, The Board of Directors (BOD) serves as the Synod’s legal representative with general management and supervision of the Synod’s business and legal affairs and receives copies of legal opinions and related written counsel (Bylaw 3.3.4.4); and WHEREAS, Litigation related to HotChalk and Concordia University, Portland, concluded in mediation with a confidential settlement announced on September 23, 2025, just prior to trial, and the Synod has stated it denies HotChalk’s allegations while welcoming resolution; and WHEREAS, On September 10, 2025, the Synod announced it had filed legal action in Hong Kong against Hong Kong International School Association Limited (HKISAL) concerning administration of HKISAL under the operating agreement, indicating potential additional legal expenditures and obligations; and WHEREAS, Clarity about legal expenditures, reimbursements, and net financial impact strengthens stewardship, accountability, and trust across the Synod; therefore be it Resolved, That the Synod in convention direct the BOD, assisted by the Chief Financial Officer (CFO) and the Office of the Secretary, to conduct and publish a comprehensive accounting and analysis of Synod monies expended on legal matters related to the HotChalk matter, litigation with or relating to Concordia University Texas, and the legal action involving HKISAL, from inception of such matters through the date of publication, to include at minimum: total legal and professional fees, settlement or judgment amounts (reported to the extent permitted by law and the settlement agreement announced Sept. 23, 2025), insurance reimbursements, third‑party cost recoveries, grants or transfers to related entities for these purposes, and the net impact on restricted a nd unrestricted Synod funds; and be it further Resolved, That the report include a clear statement of the net financial effect of the settlement and related litigation, as well as the Hong Kong legal action, on the Synod’s mission and ministry, identifying impacts on triennial budgets, mission grants, domestic and international mission work, pastoral formation, university support, use of reserves, insurance reimbursements, and any ongoing obligations, presented in plain language; and be it further 2026 Convention Workbook 446 FINANCE