# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 23 24 2010_S7
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

deliberations, and a final decision is rendered by the Appeal Panel, do the Bylaws permit that
the decision of that Appeal Panel be declared invalid? And by whom?
Opinion: No. See above. Please also note Bylaw 1.10.18.1(i):
Any member participating in this bylaw procedure who intentionally and materially
violates any of the requirements in this Bylaw...is subject to the disciplinary measures as
set forth in the appropriate Bylaw Sections 2.14 - 2.17. Any member of the Synod who
has personal factual knowledge of the violation shall inform the appropriate district
president as the ecclesiastical supervisor.”
139. Responsibilities of Appeal Panels in Dispute Resolution Process (09-2572)
With a letter dated November 19, 2009, a pastor of the Synod asked a series of questions regarding the
responsibilities of an Appeal Panel in the dispute resolution process in light of Bylaw 1.10.18.1 (a) and a
statement in the Standard Operating Procedures Manual accompanying the process which states, “The
panel shall make its decision on the basis of the minutes and written decision of the Dispute Resolution
Panel and any documentary evidence that was received and reviewed.”
Question 1:

Does Bylaw 1.10.18.1 (a) (Handbook, p. 48) which allows not only a Dispute Resolution
Panel and Review Panel for witnesses to testify and review records and documents related
to a dispute, also allow for an Appeal Panel to have witnesses testify before it, and review
records and documents related to a dispute?

Opinion: Bylaw 1.10.18.1 (a) provides that “any member of the Synod, officer of a congregation, or
officer of any organization owned or controlled by the Synod shall, when called upon” by one of the three
panels, including an Appeal Panel, must testify or produce records related to the dispute.
Question 2:

Should the rules and procedures that are developed by a smaller group of officials in the
Standard Operating Procedures Manual (SOPM) of the dispute resolution process, as
granted in Bylaw 1.10.18.1 (j), override and/or conflict with any other bylaws as found
elsewhere in the dispute resolution section or any other bylaws approved by the Synod?

Opinion: The Standard Operating Procedures Manual, “a comprehensive procedures manual for Bylaw
section 1.10,” (Bylaw 1.10.18.1 [j]), does not override and should not conflict with any bylaws approved
by the Synod.
Question 3:

(a) Does not the rules and procedures of the Standard Operating Procedures Manual (of
the dispute resolution process as granted in Bylaw 1.10.18.1 (j) in which section 4.1 states:
The panel shall make its decision on the basis of the minutes and written
decision of the Dispute Resolution Panel and any documentary evidence
that was received and reviewed.
greatly curtail the Appeal Panel Process in that it can only make its decision solely on the
minutes and decision of the original Dispute Resolution Panel and only on any
documentary evidence that was received and reviewed by the first panel, even though
Bylaw 1.10.18.1 (a) may grant the Appeal Panel other sources of witnesses and/or records
related to the dispute?
(b) Does not Bylaw 1.10.18.1 (a) allow an Appeal Panel not only to look at the written
record of the Dispute Resolution Panel, but in spite of the SOPM rules/procedures, it may
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