# LCMS Convention Workbook_St. Louis Missouri_2019_S521 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION in accord with the Constitution, Bylaws, and resolutions of the Synod” (Bylaw 3.9.2.2.2); and WHEREAS, At no time since the adoption of the Bylaw provisions in 2004 until CCM Op. 16-2791 had a commission opined that these expulsion process bylaws were in an unconstitutional state; and WHEREAS, The 2004 CCM and the 2016 CCM clearly provided different opinions on the constitutional state of the Bylaws with respect to Const. Art XI B 1–3 and Const. Art XIII 2 prior to the 2016 Synod convention; and WHEREAS, The Board of Directors, acting under Bylaw 7.1.2 and at the express direction of the 2016 Res. 12-14, in May 2017 adopted changes to the Bylaws regarding ecclesiastical supervision; and WHEREAS, The Secretary of the Synod, on Nov. 3, 2017, published an article on the Synod’s website, recognizing the need to “relieve any confusion regarding these changes”; and WHEREAS, The Constitution defines clearly, precisely, and fully the supervisory role of the President of Synod, wherein the President of Synod has the “the supervision regarding the doctrine and the administration of: a. All officers of the Synod; b. All such as are employed by the Synod; c. The individual districts of the Synod; d. All district presidents” (Const. Art. XI B 1); and WHEREAS, The President of Synod, as ecclesiastical supervisor, may assume “only such rights as have been expressly conferred” (Const. Art. XI A 1); and WHEREAS, The duties are expressly conferred to be “... the power to advise, admonish, and reprove ... conscientiously use all means at his command to promote and maintain unity of doctrine and practice in all the districts of the Synod” (Const. Art. XI B 3); and WHEREAS, Synod’s Constitution expressly confers upon the district presidents the duty “to exercise supervision over” their district’s ministers and to “visit and ... hold investigations in the congregations” (Const. Art. XII 7), including the district presidents being empowered “to suspend from membership” their district’s ministers (Const. Art. XII 8); and WHEREAS, Prior to the year 2016 and CCM Op. 16-2791, numerous CCM opinions (to wit Ag. 1970, Op. 15-2750; 13-2669; 10-2581; 03-2354; 03-2338A and C) interpreted the President of Synod’s scope of ecclesiastical supervision not to include supervision over a district’s individual members and congregations as expressed in Const. Art. XII 7–8; and WHEREAS, C. F. W. Walther, the first President of The Lutheran Church—Missouri Synod said that “We have merely the power to advise one another, that we have only the power of the Word and of convincing” (1848 Presidential address to the Synod) [See Const. Art. XI B 4 below in the third resolve]; and WHEREAS, The Bylaws define ecclesiastical supervision as including “… visitation, evangelical encouragement and support, care, protection, counsel, advice, admonition, and when necessary, appropriate disciplinary measures …” (Bylaw 1.2.1 [i]); therefore be it Resolved, That it is this assembly’s formal declaration that such supervision should take place in relationship between the supervisor and the supervised, as close to the supervised as possible, and not carried out by a centralized authority; and be it further Resolved, That it is this assembly’s formal declaration that this was and is the intent of the Constitution; and be it further 521 Resolved, That for the sake of clarification, Const. Art. XI be amended as follows: PRESENT/PROPOSED WORDING Article XI Rights and Duties of Officers A. In General 1. The officers of the Synod must assume only such rights as have been expressly conferred upon them by the Synod, and in everything pertaining to their rights and the performance of their duties they are responsible to the Synod. 2. The Synod at all times has the right to call its officers to account and, if circumstances require it, to remove them from office in accordance with Christian procedure. 3. The Synod reserves the right to abolish any office it has established. 4. Conventions of the Synod and of the districts have the right, in extraordinary cases, to elect a chairman other than the regular presiding officer. B. Duties of the President 1. The President has the ecclesiastical supervision as limited in Article XI B 2 regarding the doctrine and the administration of a. All officers of thecorporate Synod; b. All such individual members of the Synod as are employed by thecorporate Synod; c. The individual assembled corporate districts of the Synod in convention and through the ecclesiastical supervision of the district president when not in convention; d. All district presidents. 2. The President shall have no ecclesiastical supervision over individual and congregational members of the Synod except as listed in Article XI B 1 a–d and shall have the power to exercise disciplinary, suspension, and expulsion provisions only of district presidents (Article XI B 1 d). 3. The President has the administrative supervision of all such as are employed by Corporate Synod. 24.It is the President’s duty to see to it that all the aforementioned act in accordance with the Synod’s Constitution, to admonish all who in any way depart from it, and, if such admonition is not heeded, to report such cases to the Synod. 35.The President has and always shall have and be limited to the power to advise, admonish, and reprove. He shall conscientiously use allthese means at his command to promote and maintain unity of doctrine and practice in all the districts of the Synod. Such means and authority shall be limited to those rights and duties specifically laid out in this article (Article XI A, B). 46.The President shall see to it that the resolutions of the Synod are carried out. 57.When the Synod meets in convention the President shall give a report of his administration. He shall conduct the sessions of the convention so that all things are done in a Christian manner and in accord with the Constitution and Bylaws of the Synod. 68.It is the duty of the President, or an officer of the Synod appointed by the President, to be present at the meetings of the districts, to advise them, and to report at the next session of the Synod. 79.The President shall perform all additional duties assigned to him by the Bylaws or by special resolution of the Synod in convention, provided that such duties do not conflict with other provisions of the Constitution. 810. When matters arise between meetings of the Synod in convention which are of such a nature that action thereon cannot be delayed until the next convention, the President is authorized 2019 Convention Workbook