# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 29 1994_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Church Relations if a doctrine or doctrinal application is involved or an opinion of the Commission on
Constitutional Matters if a question of constitution or bylaw interpretation is involved.
69. Use of Dispute Resolution Panel (Ag. 1976) : The Commission on Constitutional Matters had been
asked to provide an opinion with regard to the following question posed by a pastor:
Can a worker with the following qualities use the synodical conflict resolution process in a dispute with a
member of Synod, or is civil court action his/her only recourse:
1.
1.

1.

a graduate of a synodical college;
was once on the roster of synod but who left ministry for a time [e.g., a female teacher to
raise children];
is working as a contract employee of a member of synod?

After considering the various matters involved, the Commission decided to respond as follows:

In response, the Commission notes first that the term, "left the ministry for a time," requires further
definition. Does this phrase mean that the name of the worker was removed from the roster of ordained or
commissioned ministers of religion? Does this phrase mean that the worker merely stopped practicing the
particular ministry but remained on the roster on candidate status? If the worker was removed from the
roster was the worker reinstated on the roster? Each of these situations would require a different answer.
In the first instance, the worker would no longer be a member of the Synod and under provisions of
Bylaw 8.01 would not be eligible to utilize the synodical process for dispute resolution unless the position
for which he or she is contracted is "with the Synod itself or with districts or other organizations owned
and controlled by the Synod."
In the second instance, the worker would be eligible to utilize the synodical Dispute Resolution Process.
If the worker was on candidate status, interrupting ministry for a time but remaining on candidate status
during that period, and then was contracted to serve in a ministry and is therefore now active, that person
has continued his or her membership throughout the period of time involved. As a member, that person
may use the process.
If the person was removed from the roster, but has been reinstated to membership and is now serving in a
ministry on contract, that person is eligible to use the synodical Dispute Resolution Process. By
reinstatement, that person once again has become a member of the Synod.
Another possibility not already cited would be that of a situation which involved the origin of a dispute
while the member was on the roster followed by "leaving the ministry" and being removed from the
roster. In such an instance the time of origin of the dispute would seem to be determinative and it would
be in the best interests of all to agree to utilize the Dispute Resolution Process provided for in Chapter
VIII.
Even in the instance where the worker may not be eligible to use the synodical Dispute Resolution
Process, civil court action need not be his/her only recourse in a dispute with a member of the Synod. The
synodical resolution establishing the Dispute Resolution Process also contained the following resolve: