# LCMS Convention Workbook_St. Louis Missouri_2016_S424
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

424

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

Resolved, That unless the national convention resolves to terminate
the matter by a simple majority vote, after that national convention
has adjourned the President of the Synod will proceed with discipline
toward that district president by proceeding with the provisions of section 2.15 of the Bylaws; and be it further
Resolved, That such action only entails removal from office for
failure and refusal to act according to the duties of office, not expulsion from the Synod; and be it further
Resolved, That if the convention decides to terminate the matter, then the matter cannot be reviewed or appealed on the basis of
the same action—or failure to act—of that district president; and be
it finally
Resolved, That the Bylaws of the Synod be amended accordingly
by the Commission on Handbook to include this adjudicative process.
Holy Cross, Albany, OR; Trinity, Evansville, IN; Christ,
Trego WI

the complainant or the involved member shall have the right (a)
within 30 days following the decision of the district president to
appeal such decision, or (b) if no decision has been issued by the
district president within 90 days following the filing of the initial
complaint, to have such matter finally adjudicated, in either case by
presenting the written complaint, responses, and decision (if any) to
the Praesidium of the Synod, which consists of the President and the
vice-presidents of the Synod. If after investigation the Praesidium
concludes that the facts form a basis for expulsion or suspension
of the member, the Praesidium shall proceed in the same fashion as
hereafter required of the district president. If the Praesidium concludes that the facts do not form a basis for expulsion or suspension,
it shall in writing so inform the complainant and the involved member, which shall terminate the matter.

Pastors Conference
Southern Illinois District
12-25

12-24

To Restore Right of Appeal
to Disciplinary Proceedings
Whereas, Termination or suspension of membership in the Synod
is a serious matter involving both the doctrine and life of members,
and should be taken only as a final step, following advice, counsel,
encouragement, and, when necessary, admonition regarding teaching and/or practice; and
Whereas, Consistent with basic principles of fairness and due
process, we should avoid the example of those in Acts 6:11 who
“secretly instigated men who said, ‘We have heard him speak blasphemous words against Moses and God,’ ” but instead, in accordance
with scriptural guidance on rebuking one’s brother, give any member
who is subject to discipline access to all materials that are to be relied
upon by the Dispute Resolution Panel, district president, or other adjudicatory body in considering the charges; and
Whereas, Synod Bylaws provide for the further protection of
members by including provisions for challenging the decisions of
ecclesiastical supervisors in these matters, and for substituting another
district officer where the district president has a conflict of interest,
as well as provisions for restoration of membership that has been suspended or terminated; and
Whereas, Prior to the 2004 Synod convention, there also existed
a right of appeal to the LCMS Praesidium in matters of ecclesial
supervision involving such serious disciplinary action, under former
Bylaw 2.27.2 (b); and
Whereas, In order to ensure fair and consistent treatment of
all members of the Synod in a Christian and fraternal manner, and
to ensure prompt resolution of disputes for the best interests of all
concerned, it is appropriate that this right of appeal be restored and
granted to all parties; therefore be it
Resolved, That any member of the Synod subject to disciplinary action shall have the right to a copy of all materials relied upon
by the Dispute Resolution Panel, district president, or other adjudicatory body considering such charges, and that the Commission
on Handbook modify relevant bylaws accordingly; and be it further
Resolved, That the Synod add the following bylaw paragraph to
Bylaw 2.14 where appropriate, along with any corresponding changes
required to other bylaws to avoid conflicts therewith:
PROPOSED WORDING
In cases seeking expulsion or suspension of a member from the Synod,

2016 Convention Workbook

To Provide Bylaw Provisions for Appeals
by Accusers in Expulsion Processes
Whereas, Synod Bylaw 2.14.5.2 states that if a district president
or a Referral Panel determines not to initiate formal proceedings concerning an accusation that could lead to expulsion of a congregation
or individual from the membership of Synod under Article XIII of
the Constitution of Synod, such determination “shall terminate the
matter”; and
Whereas, The Bylaws of the Synod do not allow for the accuser
in matters of potential expulsion of members of the Synod to appeal
decisions made by district presidents or Referral Panels; therefore
be it
Resolved, That the Commission on Constitutional Matters together
with the Commission on Handbook and two representatives of the
Council of Presidents, one being chosen by the Chairman of the
Council of Presidents and one being chosen by the President of the
Synod, be formed as a committee to draft revisions to the Bylaws of
the Synod making provisions for the accuser in matters of potential
expulsion of members of the Synod to appeal decisions of district
presidents or Referral Panels and present these revisions to the 2019
LCMS convention for consideration.
South Dakota District
12-26

To Form a Task Force to Study the Expulsion
Process for Public Teaching of False Doctrine
Whereas, Member congregations of The Lutheran Church—
Missouri Synod should be able to call any rostered member of Synod
with the confidence that he or she will perform duties in accord with
the Word of God and the Lutheran Confessions; and
Whereas, Luther writes, “God’s people or holy Christians are recognized by the office of the keys exercised publicly. That is, as Christ
decrees in Matthew 18, if a Christian sins, he should be reproved; and
if he does not mend his ways, he should be bound in his sin and cast
out” (AE 41:153); and
Whereas, LCMS President Matthew Harrison has made the following statement:
When a public teacher on the roster of Synod can without consequence
publicly advocate the ordination of women (even participate vested in
the installation of an ELCA clergy person), homosexuality, the errancy
of the Bible, the historical-critical method, open communion, commu-