# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_November 11 13 2011_S29
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

congregation’s leaders in publicizing a voters’ assembly business meeting authorized and called by the
congregation’s leaders as provided in the governing documents of that congregation, and at the
congregation’s invitation, use such a meeting to carry out the responsibilities described in Bylaws 4.4.5
and 4.4.6. Nothing in the Constitution or Bylaws of the Synod prohibit the providing of such assistance
upon request. In fact, they encourage such support and assistance when appropriate.
As described in recent CCM Opinion 10-2581, there may be times when internal disagreement in a
congregation results in the need for a district president, by specific provision in a congregation’s
governing documents or the absence of having been provided some other internal dispute resolution, to be
involved in the resolution of a congregation’s internal disputes.6 In carrying out his responsibilities in
such a circumstance, and in assisting the congregation’s leaders in the conduct of their own affairs, a
district president might be even more inclined to allow the use of district letterhead and the resources of
the district office in the scheduling and coordination of a voters’ assembly called by the leaders of the
congregation itself. However, it should not be construed that the district president himself is calling a
meeting of the voters’ assembly of the congregation for the purpose of conducting congregational
business but the congregation itself in accordance with its own governing documents.
While a district president may not call a meeting of the voters’ assembly of a congregation, he or his
designee may be present at such meeting for the purposes of carrying out the district president’s
responsibilities. He may certainly, in the exercise of his ecclesiastical supervision, request the opportunity
to speak at such a meeting and give input, advice, encouragement, and if necessary, admonition, as he

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Opinion 10-2581, Question 2 includes the following discussion:
The specific issue of internal disputes in a congregation is an area expressly dealt with in the Synod’s covenants of walking
together. The Synod and its individual congregations have recognized that the civil courts, using “neutral principles of law”
analyses, are unable to resolve internal disputes on doctrinal grounds, and that neither a pure “congregational” nor pure
“hierarchical” Synod structure exists. The Synod and its member congregations have attempted over the years to provide
mechanisms to resolve such internal disputes in a God-pleasing manner. Attached to this opinion is a copy of 1983
convention Resolution 5-10A and the commentary published by action of the convention regarding the resolution. The two
provisions of that resolution most applicable here are as follows:
Resolved, That the Synod acknowledges that under the definition and application of the word “hierarchical” in
civil law there are aspects in the relationships within the Synod between and among congregations (e.g., Article II,
Confession; the calling of certified and endorsed pastors only; agreements to abide by adjudicatory procedures and their
final determinations) which under civil law may imply, express, or evidence what the courts regard as hierarchical
dimensions; and be it further
Resolved, That, believing that Scripture (1 Cor. 6) requires that we make every effort to avoid disputes or to
resolve them internally when they do arise, of the two constitutional methods for resolving church disputes by the civil
courts, the Synod favors the “neutral principles of law” method whenever it can be applied, and that when neutral
principles cannot be applied to resolve a particular controversy, the Synod declares that it is able and willing to resolve
disputes internally.
It is in this context that the authority of a district president to investigate internal congregational disputes under Bylaw 4.4.6
quoted above must be understood. A congregation may in advance provide its own chosen method of resolving internal
disputes, thereby limiting the authority of the district president to that of advice, admonishment, and, if necessary, discipline.
But where it has chosen not to do so, its agreement as a member of the Synod is that such dispute will be resolved using the
Synod’s own processes, especially as to disputes in the areas of Article II Confession, the calling of certified and endorsed
pastors only, and agreements to abide by adjudicatory procedures and their final determinations. The dispute resolution
processes of the Synod include that described in Bylaw 4.4.6 and the involvement of the district president as provided in this
bylaw. As part of his ecclesiastical supervision, he may study, counsel, and advise how a dispute should be settled consistent
with the Constitution, Bylaws, and resolutions of the Synod, thereby settling the dispute or conflict by presenting,
interpreting, and applying the collective will of the Synod’s congregations.

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