# LCMS Convention Workbook_St. Louis Missouri_2019_S533
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
Resolved, That the changes to the Bylaws authorized through
Resolution 12-14, but based on this opinion, are also rendered null
and void by Synod in convention in 2019.
Board of Directors
Southeastern District
Ov. 10-22

costing an immense amount of time, energy, emotion, and money—
resources that are best expended upon ministry needs; therefore be
it
Resolved, That Bylaw 2.14.5 is hereby deleted; and be it finally
Resolved, That the 2019 Synod convention reinstate the previous
method of ecclesiastical supervision adopted by the Bylaw changes
by the 2004 Synod convention are hereby reinstated.

To Remove Synod Bylaw 2.14.5
WHEREAS, The Constitution of the Synod indicates: “The
officers of the Synod must assume only such rights as have been
expressly conferred upon them by the Synod” (Const. Art. XI A 1);
and
WHEREAS, The Constitution of the Synod defines the scope of
the ecclesiastical supervision of the President of the Synod as the
officers of the Synod, all such as are employed by the Synod, the
individual districts of the Synod, and all district presidents (Const.
Art. XI B 1); and
WHEREAS, The Constitution of the Synod defines the scope of
the ecclesiastical supervision of district presidents as the ordained
and commissioned ministers of their districts (Const. Art. XII 7) and
entrusts them with the power to suspend ordained and
commissioned members from membership in the Synod (Const.
Art. XII 8); and
WHEREAS, The Synod was created to be as primarily
congregational in nature (Const. Art. VII 1; Bylaw 1.3.3); and
WHEREAS, The Commission on Constitutional Matters (CCM)
has previously affirmed the sole responsibility of the district
presidents for ecclesiastical supervision of members in their
respective districts (CCM Ag. 1970; Op. 13-2669); and
WHEREAS, The 2004 Synod convention rescinded Bylaw 2.27 (g)
to eliminate the possibility of an accuser appealing a complaint that
has been terminated by a district president; and
WHEREAS, This amendment recognized the congregational
nature of the Synod and affirmed that complaints and accusations
are best handled locally by those most familiar with the
circumstances and individuals involved, in keeping with the
constitutional authority given only to the district presidents; and
WHEREAS, Resolution 12-14 authorized the Board of Directors,
following the 2016 Synod convention held in Milwaukee, to amend
the Bylaws in consultation with the Council of Presidents (COP), to
provide opportunity for an accuser to appeal to the President of the
Synod if the district president fails to act in a matter regarding a
member of Synod; and
WHEREAS, In fact there was no consensus among the COP as
reported in the minutes of the November 2017 LCMS Board of
Directors, in fact significant disagreement among the COP
members; and
WHEREAS, Bylaw 2.14.5 is in conflict with the Constitution of
the Synod Article XI B 1; and
WHEREAS, Permitting an appeal of an accusation or complaint
against a member of the Synod after a district president has
terminated the matter undermines the ecclesiastical supervision of
the district president, tends to centralize power for ecclesiastical
supervision in the President of the Synod; and
WHEREAS, Such action requires the accused to defend him or
herself twice (before the district president and the President of the
Synod), placing the accused in double jeopardy, and potentially

533

Board of Directors
Southeastern District
Ov. 10-23

To Remove Synod Bylaw 2.14.5
on Ecclesiastical Supervision
WHEREAS, The Constitution of the Synod indicates: “The
officers of the Synod must assume only such rights as have been
expressly conferred upon them by the Synod …” (Constitution
Article XI A 1); and
WHEREAS, The Constitution of the Synod defines the scope of
the ecclesiastical supervision of the President of the Synod as: the
officers of the Synod; all such as are employed by the Synod; the
individual districts of the Synod; and all district presidents (Const.
Art. XI B 1); and
WHEREAS, The Constitution of the Synod defines the scope of
the ecclesiastical supervision of district presidents as the ordained
and commissioned ministers of their districts (Const. Art. XII 7) and
entrusts them with the power to suspend ordained and
commissioned members from membership in the Synod (Const.
Art. XII 8); and
WHEREAS, The Commission on Constitutional Matters (CCM)
has affirmed the sole responsibility of the district presidents for
ecclesiastical supervision of members in their respective districts
(CCM Op. 13-2669); and
WHEREAS, The 2004 convention amended the bylaws to
eliminate the possibility of an accuser appealing a complaint that
has been terminated by a district president to the Praesidium of the
Synod; and
WHEREAS, The LCMS Board of Directors (BOD), following the
66th Regular Convention held in Milwaukee, Wisc., amended the
bylaws to provide opportunity for an accuser to appeal to the
President of the Synod if the district president does not suspend a
member of Synod; and
WHEREAS, Bylaw 2.14.5 was added outside of a Synod
convention, contrary to Const. Art. XIV of the Synod’s Constitution
which provides that “[t]he Synod in convention may adopt bylaws
that are consistent with and do not contradict the Constitution of the
Synod, which controls and supersedes such bylaws and other rules
and regulations of the Synod. …”; and
WHEREAS, Const. Art. XIV of the Synod’s Constitution makes
binding only those bylaws “… adopted, revised, or eliminated by a
simple majority vote of a national convention. …” and not bylaws
adopted by any subset of the Synod, such as the BOD of the Synod;
and
WHEREAS, Bylaw 2.14.5 is in conflict with Const. Art. XI B 1;
and
WHEREAS, The existing LCMS Handbook now exposes the
accused worker to the undue burden of defending himself/herself
repeatedly; therefore be it
2019 Convention Workbook