# LCMS Convention Workbook_St. Louis Missouri_2007_S18 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 18 Question 6: Is it in harmony with the Constitution and above Bylaws of the Synod for any member of the Synod to engage in dispute against the President of the Synod or the Synod itself by use of a lawsuit, when such members have not used the avenue of dispute as set forth in Bylaw 1.10 of the Synod? Opinion: No. In the agreement to live and work together, a member of the Synod is required to rely exclusively and fully on the Synod’s system of reconciliation and conflict resolution. Un- less the dispute is one concerning property rights or contract arrangements under Bylaw 1.10.3 (a) or (b), such suit would be a gross violation of the process of Bylaw section 1.10 and the covenants which bind members together in the Synod. The use of the Synod’s conflict resolution procedures is the exclusive and final remedy for those who are in dispute (Bylaw section 1.10). Question 7: If any of the above is not in harmony with the Constitution and Bylaws of the Synod, what rem- edy does the Constitution and Bylaws of the Synod provide? Opinion: The Constitution and Bylaws of the Synod provide disciplinary measures against any member who violates the Con- stitution and Bylaws of the Synod. Such provisions include Bylaw section 1.10, “Dispute Resolution of the Synod”: “The use of the Synod’s conflict resolution procedures shall be the exclusive and final remedy for those who are in dispute” (Bylaw 1.10.1) and Ar- ticle XIII of the Constitution, “Expulsion from the Synod,” and its procedures as set forth in Bylaw sections 2.13—2.16: Special Report, Addendum A SYNOD REPORTS The only remedy available to the Synod in response to improper ac- tivities in the life of such a member of the Synod is, as is true with re- spect to violations of other conditions of membership or is otherwise appropriate under the Constitution or these Bylaws, and following the procedures set forth in these Bylaws, to take such action as may lead to termination of that membership and the attendant rights and privi- leges. (Bylaw 2.13.2) ee RK Some of the matters of concern articulated in the lawsuit are ad- dressed in the report of the 2004 Resolution 7-02A Committee, which will be sent to all delegates prior to the convention. The 2007 Convention will have ample opportunity to consider the 7- 02A committee report and to take any action the delegates deem appropriate. At the time of writing of this report, some of the original par- ticipants and plaintiffs in the lawsuit are engaged in an effort to communicate to delegates to this convention conceming topics in the lawsuit in a way that misrepresents the truth and casts asper- sions on the integrity and motives of district boards of directors and officers of the Synod. I truly hope and fervently pray that God’s Spirit will touch the hearts of those involved in this en- deavor, that all would work and walk together in a way that builds harmony and peace in our Synod, not divisiveness and contention. 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