# LCMS Convention Proceedings_St. Louis Missouri_1992_S146
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

144 RESOLUTIONS

with the reconciler or any member of the Dispute Reso-
lution Panel without the full knowledge of the other party
to the dispute. :

e. While a matter in dispute is still undecided or while
an appeal is contemplated or pending, publicity shall
not be given to the issues in the matter by any of the
parties involved.

f. Advisors. Any party may seek, at its own personal
expense, the assistance of individuals familiar with the
issues involved in the dispute. They may actively par-
ticipate in research and the preparation of necessary doc-
uments. At the hearing, however, each party shall
represent itself without the presence of any aduisors. If
a party is a board or commission of the Synod or its
Districts, it shall be represented by its chairman or des-
ignated member.

&. The Dispute Resolution Panel shall determine the
number of witnesses necessary for a full and complete
understanding of the facts involved in the dispute. It
shall question parties and witnesses directly and may
also permit the parties to do so.

h. All records of disputes in which a final decision
has been rendered by the Dispute Resolution Panel shall
be placed in the custody of Concordia Historical Insti-
tute. All such records shall be sealed and shall be opened
only for good cause shown and only after permission has
been granted by a Dispute Resolution Panel selected by
blind draw for that purpose. .

i. Ifany part of the dispute involves a specific question
of doctrine or doctrinal application, each party shail
have the right to an opinion from the Commission on
Theology and Church Relations. If it involves questions
of Constitution or Bylaw interpretation, each party shall
have a right to an interpretation from the Commission
on Constitutional Matters. The request for an opinion
must be made through the Dispute Resolution Panel,
which shall determine the wording of the question(s).
The request for an opinion must be made within four
weeks of the final formation of the Dispute Resolution
Panel. Ifa party does not request such an opinion within
the designated time, such a request may still be made to
the Dispute Resolution Panel which shall, at its discre-
tion, determine whether the request shall be forwarded.
The Dispute Resolution Panel shall also have the right,
at any time, to request an opinion from the Commission
on logy and Church Relations or the Commission

on Constitutional Matters. Any opinion so requested .

shall be rendered within 30 days or such greater time
as the Dispute Resolution Panel may allow. When an
opinion haa been requested, the time limitations will not
apply until the opinion has been received by the parties.
Any opinion received must be followed by the Dispute
Resolution Panel; ‘

and be it further

Resolved, That all cases currently in the adjudication
or appeals process be concluded under the existing Bylaws
governing adjudication and appeals; —
and be it further

Resolved, That the provisions of these Bylaws be im-
plemented immediately by the various Districts and the
Secretary of the Synod;
and be it further

Resolved, That this new procedure shal] apply to all
dispute resolutions initiated after the date of adoption of
this amendment without regard to the date of onset of the
dispute;
and be it finally

Resolved, That we encourage that the procedures out-
lined in chapter VIII be adapted and used by congregations
and individuals in resolving controversies which may arise
at the local level.

.

Action: Adopted (6).

(During discussion, a motion to refer the resolution back to
the original task force was defeated. A motion was made to amend
8.21 by deletion of section i. An effort to end debate first failed
but later was agreed to by common consent and the amendment
was then defeated. In session 6, although 30 minutes of debate
had elapsed, delegates declined the automatic call to cease debate
by a vote of 66.1%, a two-thirds vote being required for doing so.
A motion to refer the matter back to the task force and congre-

tions was declared out of order since this action had already

n declined previously. After agreeing to cease debate, the res-
olution was adopted by a vote of 725-368, a 66.3% majority.)

To Clarify and Protect All Individual
Workers’ Rights

RESOLUTION 6-02A
Overture 5-17 (CW, pp. 240-41)

Wuereas, The current method for dealing with restrict-
ing, suspending and expelling congregations or individuals
from membership in the Synod does not provide explicit
criteria for placing a worker on restricted status, does not
provide a time limitation. for being on such status, does
not provide provision for review or appeal when placed on
such status, and does not provide a requirement for min-
istering to that individual, it becomes advisable to provide
a‘ broader protection for the individual worker’s rights;
therefore be it

Resolved, That proposed Bylaws 2.23, 2.25, 2.27 and
2.29 be adopted replacing current Handbook 2.23, 2.25,
2.27 and 2.29.

PRESENT/PROPOSED WORDING
2.23 Restricted Status
“Fink Ser-with individualmeni ”

@. An individual member of the Synod may be placed
on restricted status by the District President of the Dis-
trict who has ecclesiastical supervision of the member.

The District President may this action if informa-
tion with respect to sueh member provides a substantial
basis to conclude that such member .
. 1. has engaged in conduct which could lead to ex-
pulsion from the Synod under Art. XIII of the
Constitution;