# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_April 15 17 2002_S12
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Opinion: Such request for a reconsideration must be in writing. The Commission further determines that
the term “shall be mailed” includes regular mail, e-mail, or facsimile.
Question 3: Are the 30 day period and other like time limits in Chapter VIII of the Bylaws to be strictly
construed, or may some latitude be applied to such time periods under extenuating
circumstances?
Opinion: The Preamble to Chapter VIII of the Bylaws is instructive in responding to this question. There
it is stated that the purpose of the Synod’s dispute resolution process is to bring about peace, truth, justice,
and reconciliation. Such purpose will be better accomplished if there is a reasonable application of the
time limitations rather than a strict application that would lead to a termination of the process before it has
had an opportunity to be fully utilized. The purpose of the time limitations in Chapter VIII is to move the
matter forward rather than allow technicalities to possibly abort the search for truth, justice, and
reconciliation. What is “reasonable” is a matter to be determined on a case by case basis by the Secretary
of the Synod who has a duty to administer the Synod’s dispute resolution process (Bylaw 3.143 o),
provided such time delay does not have a negative impact on the orderly progress of the dispute
resolution process.
Question 4: Does Bylaw 8.09 d require that the request for reconsideration of a dispute resolution panel’s
decision and the written memorandum actually reach all of the parties involved within the 30
day period or does it require simply that the request for reconsideration be filed within the 30
day period?
Opinion: The answer to this question is “neither.” The bylaw provides that the request for a
reconsideration accompanied by the written memorandum is to be mailed (as defined in the opinion to
question #2 above) within 30 days after the complainant or respondent receives the decision of the
Dispute Resolution Panel.
Question 5: If the request for reconsideration and accompanying memorandum does not reach all of the
parties involved within the 30 day period, does it make the request null and void, thereby
effectively upholding the Dispute Resolution Panel’s decision?
Opinion: This question has been answered in the previous opinions herein.
27. Questions re Eligibility of Recused Members of Praesidium (02-2263)
A District President in an April 4, 2002 e-mail letter, requested answers to the following questions
regarding the eligibility for subsequent participation in a dispute case of recused members of the
Praesidium.
Question 1: If a complaint has been made against a District President according to Bylaw 2.27 and the
complaint involves requesting his removal from the Synod, may the President of the Synod
submit this matter to a vote of the congregations of the Synod according to the Constitution
of the Synod, Article XI B 8?”
Opinion: Article XIII 2 of the Constitution of the Synod provides that expulsion of a member from the
Synod is to follow the procedure set forth in the Bylaws. Bylaw 2.27 g is the bylaw that establishes the
procedure to be followed if the complaint is against a District President and such procedure can be
undertaken at any time. Therefore, since action on such a complaint need not be delayed until the next
convention of the Synod, the provisions of Article XI B 8 are not applicable to such a matter.

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