# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_June 23 1998_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

The answer is: No. Bylaw 8.21, c, provides that "Each party to the dispute shall assume its
own expenses." Since the bylaw is explicit on the issue, a DRP cannot alter the provisions
thereof.
4. Is the synodical president bound to act as directed by a dispute resolution panel, in accord
with Bylaw 8.09, c, 4, a and b which state, "The final decision of a dispute resolution panel
shall be binding upon the parties to that dispute ... shall be carried out by the appropriate
person, group or member of the Synod"? If so, under what circumstances? If not, why not,
and for what reasons?
This question inquires as to the meaning of Bylaw 8.09, c, 4, c, of the Bylaws. (The bylaw
reference in the question is erroneous.) The decision of a DRP may not supersede the
provisions of the Constitution or Bylaws of the Synod. Article XI (A & B) of the
Constitution establish the specific duties of the President of the Synod. Bylaws 3.101 and
3.103 elaborate on the powers and duties of the President of the Synod, as well as his
advisory and executive functions. To the extent that a decision is contrary to such
constitutional and bylaw provisions, it is null and void.
Further reference must be made to Bylaw 8.09, c, 4, a, which provides that "The final
decision of a DRP shall be binding upon the parties to that dispute . . ." Subsection "c" of
that bylaw provides that the decision of the DRP "be carried out by the appropriate persons,
group or member of the Synod." The President of the Synod is not a "party to the dispute"
in the case referenced in the decision of the DRP attached to the questions forwarded to the
Commission. The real question is whether the President of the Synod is the appropriate
person or member of the Synod to carry out the decision of the DRP. As indicated in the
Commission's answer to Question 2 above, the President of the Synod under Bylaw 2.27
cannot commence an action to terminate membership in the Synod and therefore is not the
appropriate person or member under Bylaw 8.09, C, 4, c.
5. Must a DRP conform to the Synod's Bylaws regarding the process for suspension and
removal of a member of the Synod, as this process is described in Bylaw 2.27? If not, why
not?
The answer is: Yes. See the Commission's response to Question 2 above.
6. Can a DRP retain jurisdiction over a given matter until its directives, in its view, have been
implemented?
The answer is No. Bylaw 8.09, c, 4, c, states the decision of the DRP is to "be carried out
by the appropriate person, group or member of the of the Synod." The Commission holds
that once a DRP issues its decision its work is done. There is nothing in the Bylaws to
indicate a DRP can retain jurisdiction thereafter.
7. Does Bylaw 3.905 d and Bylaw 8.21.i, require a CCM opinion to be implemented by a DRP
and require a DRP to change, modify or otherwise revise its decision in accord with a CCM
ruling?
Bylaw 3.905, d, states that a function of the Commission on Constitutional Matters (CCM)
is to "interpret the Synod's Constitution, Bylaws and resolutions..." It further states that "An
opinion rendered by the commission shall be binding on the question decided unless and
until it is overruled by a synodical convention."