# LCMS Convention Workbook_St. Louis Missouri_2004_S299
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION 299

tion in a process deemed to be biblical and impartial, and now “rec-
oncilers” are appointed; and

WHEREAS, There is no guarantee that the Dispute Resolution
Panels will include pastors, in spite of the Augsburg Confession
XXVIII 21 which says that the jurisdiction to judge doctrine and
to reject doctrines contrary to the Gospel belongs to the office of
the ministry by divine right; and

WHEREAS, Recent events, and the subsequent division that con-
tinues to tear apart our Synod, all bear testimony to the need to re-
store the former adjudication process; therefore be it

Resolved, That the 2004 Synod convention restore the former
adjudication process as found in the 1989 Handbook.

Salem

Taylorsville, NC

8-18

To Restore Former Adjudication System

WuepreAS, Disputes, disagreements, and offense, in the true bib-
lical sense, are to be resolved among Christians in a biblical man-
ner (e.g., Matt. 5:23—24 and Eph. 4:26-27 to name only two cita-
tions); and

Whereas, Resolution of disputes, disagreements, and offense,
in the true biblical sense, must provide the means to elicit the truth
to be effective and meaningful; and

WuerEA$, Eliciting the truth very often requires the testimony
of multiple, even many persons; and

WHEREAS, The eliciting of truth should produce relevant facts;
and

WueREAS, Findings of fact by an objective Christian adjudicator
(or panel) are essential to a meaningful and Christian resolution of
a dispute; and

WHEREAS, The current synodical reconciliation process (e.g.,
paragraph 24 of the Rules of Procedure as well as Chapter VIII of
the Bylaws) neither provide for eliciting the truth nor for the ob-
jectivity of the reconciler(s) or panel; and

WHEREAS, Paragraph 23 of the Rules of Procedure permit a ©

party to have an “advisor present but must represent itself with no
public participation by the advisor...”; and
WHEREAS, Paragraph 41 of the Rules of Procedure provides, “At
its discretion, a panel may make an audio recording of the pro-
ceedings for its use and for responding to specific questions. No
other recording of the proceedings aside from the parties’ personal
notes may be made by the parties in any manner”; therefore be it
Resolved, That the Synod rescind Chapter VIII of the 2001 By-
laws of the Synod and replace them with the Reconciliation, Adju-
dication, and Appeal System of the Synod existing on July 1, 1992.
. Faith
Chesapeake, VA

8-19

To Reaffirm LCMS Position on Place
of Scriptural Authority in Church Governance

WHEREAS, The Commission on Constitutional Matters (CCM)
has ruled that the “Constitution and Bylaws of the Synod do not
allow or contemplate the expulsion of a member of the Synod on
the basis of an action taken with the full knowledge and approval of
the appropriate ecclesiastical supervisor” (02-2296, Reporter,
March 2003, p. 10); and

WHEREAS, This ruling contradicts Holy Scripture, which re-
peatedly warns against “respect[ing] persons in judgment” (Deut.
1:17; see also Eph. 6:9; Col. 3:25; James 2:1, 9), “making the word
of God of none effect through [human] tradition” (Mark 7:7), and
insists that “we must obey God rather than men” (Acts 5:29); and

WHEREAS, The CCM ruling is incompatible with the Lutheran
Confessions, which

* Teach that “it is not lawful for a human being to repeal an obligation
that is plainly a matter of divine right” (AC XXVII, 24, Kolb-
Wengert, p. 85); and

Deny that texts like Luke 10:16 and Heb. 13:17 grant ecclesiastical
supervisors any authority beyond the Gospel itself (Ap XXVIII,
17-21); and

WHEREAS, The CCM ruling in effect changes the Synod Con-
stitution by granting immunity from expulsion to those who do not
comply with the conditions of membership if they have secured the
permission of their ecclesiastical supervisors; and

WuerEas, A confessionally based Synod cannot endure for
long if its members cease to be held responsible for the words and
actions by which they confess their faith; and

Wuereas, District and Synod Presidents can and may grant
their approval to those under their supervision in confidential com-
munications, making it difficult for those who elect them to know
about the immunities they have granted; and

Wuereas, A Dispute Resolution Panel can and may take into
account extenuating circumstances in which a member of the
Synod has sought the advice of his ecclesiastical supervisor in a
difficult case; therefore be it

Resolved, That the Missouri District memorialize the 2004
LCMS convention to overrule Opinion 02-2296 of the Commis-
sion on Constitutional Matters; and be it further

Resolved, That the Missouri District request the Commission
on Structure to propose a Bylaw to the 2004 convention that ad-
dresses ecclesiastical supervision and responsibility in accordance
with scriptural and confessional principles, not superseding them.

Missouri District

8-20:.
To Provide Definition for “Ecclesiastical Supervision”

Rationale

Bylaw 3.51 k provides a definition for the term supervision for
the purpose of the Bylaws, but it excepts ecclesiastical supervision
from the definition, as follows: “The definition of ecclesiastical su-
pervision shall be determined exclusively by those Bylaws pertain-
ing to ecclesiastical supervision.”

The Bylaws referring to ecclesiastical supervision by name are
the following:

* Bylaw 2.23 provides to the District President as ecclesiastical su-
pervisor the authority to place an individual member on restricted
status;

* Bylaw 2.25 instructs the District President who is the ecclesiasti-
cal supervisor of a suspended member of his responsibilities over
against a suspended member;

* Bylaw 2.27 provides for the investigation by a member’s ecclesi-
astical supervisor of allegations that may lead to expulsion from
the Synod;

* Bylaw 2.41 determines the ecclesiastical supervisor of each mem-
ber of the Synod;

* Bylaw 3.19 d instructs the President to refer the matter of an im-
proper overture to a convention to that entity’s ecclesiastical su-
pervisor;

¢ Bylaw 3.101 A and C describes the ecclesiastical supervisory re-
sponsibilities of the President of the Synod;

¢ Bylaw 4.71 d includes visitation of congregations under the ec-
clesiastical supervisory responsibilities of District Presidents;

* Bylaw 4.73 places all ordained and commissioned ministers of a
District under the ecclesiastical supervision of the District Presi-
dent; .

* Bylaw 5.19 instructs Circuit Counselors to assist the District Pres-
ident in the ecclesiastical supervision of the other members of the
Synod in his Circuit; and