LCMS Convention Workbook St. Louis, Missouri — 2010, Page 144

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144

SYNOD REPORTS

R7-07

Res. 8-06 Task Force Report
The 2004 convention of the Synod adopted Res. 8-01A which
established new procedures for ecclesiastical supervision, dispute resolution, and expulsion from membership in the Synod. In 2007, the
Synod in convention adopted Res. 8-06 calling for a special task force
to study further the composition of Hearing Panels under Bylaws 2.14,
2.15, and 2.17, established as a result of Res. 8-01A and involving
expulsion from membership in the Synod. Res. 8-06 is as follows:
To Recommend Further Study of Composition
of Hearing Panels in Bylaws 2.14, 2.15, and 2.17
Whereas, In 2004 Res. 8-01A, the Synod adopted new procedures
for ecclesiastical supervision and dispute resolution; and
Whereas, This process has been a blessing to the Synod in resolving
disputes and cases of ecclesiastical supervision that have arisen since
its adoption and in better stewardship of the time and other resources
of the Synod; and
Whereas, Concerns have been expressed by some regarding the
composition of the Hearing Panel under current Bylaws 2.14, 2.15, and
2.17 which makes decisions for or against an accused member who is
facing expulsion from membership in the Synod; therefore be it
Resolved, That the Synod in convention call for a special task force
to study further the composition of the Hearing Panel under Bylaws
2.14, 2.15, and 2.17; and be it further
Resolved, That this special task force be comprised of two members appointed by the Commission on Constitutional Matters, one of
whom shall be a commissioned minister; two members appointed by the
Commission on Structure, one of whom shall be a layperson who is a
hearing facilitator; and two district presidents appointed by the Council
of Presidents; and be it finally
Resolved, That this special task force report the results of its study,
and any recommendations that may result from its study, no later than
the 2010 64th Regular Convention of the Synod.

Appointed to the task force by the Commission on Constitutional
Matters were Lu Juana Butts (a commissioned minister) and Phil
Esala (chair). Appointed to the task force by the Commission on
Structure were Bill Hibbler (a layperson and a hearing facilitator) and
Walter Rosin. Appointed to the task force by the Council of Presidents
were District Presidents Terry Forke (secretary) and Dale Sattgast.

After conducting many interviews and reviewing significant
resources, the “8-06 Task Force” concurs with the observation from
2007 Res. 8-06 that the process that came as a result of 2004 Res.
8-01A “has been a blessing to the Synod.” The task force also recognizes “concerns have been expressed by some” that under Bylaws
2.14, 2.15, and 2.17 the current composition of Hearing Panels and
Final Hearing Panels is three district presidents. This has led to the
perception by some that the laity of the Synod has been excluded
from involvement in the process of expulsion from membership in
the Synod.
Historically, expulsion from membership in the Synod occurred
as a result of the action of the Synod and/or districts in convention in
which the laity had voice and vote (cf. 1854 Constitution, Chapter 5,
A 7 Moving Frontiers). While the Synod recognizes that “the choice
of the form of government for a church is an inalienable part of their
Christian liberty” (C. F. W. Walther, 1848 Presidential Address), and
while there is no explicit Scriptural or confessional command with
respect to the expulsion provision in the human organization of The
Lutheran Church—Missouri Synod, the involvement of the laity in
the expulsion from membership provisions does put into practice
a doctrinal position of the Synod, to wit, “To the ministry of the
Word, according to divine right, belongs also the duty [Amt] to judge
doctrine, but laymen also possess this right. Therefore, in the ecclesiastical courts (consistories) and councils they are accorded both a seat
and vote together with the clergy” (Thesis X, Concerning the Holy
Ministry or the Pastoral Office, Church and Ministry, adopted 1851).
The 8-06 Task Force makes the following recommendations:
A) That a hearing facilitator be appointed to Hearing Panels and
Final Hearing Panels under Bylaws 2.14, 2.15, and 2.17; and
B) That the composition of both the Hearing Panel and the Final
Hearing Panel under Bylaws 2.14, 2.15, and 2.17 be changed
to replace one district president with a layperson chosen
from the Synod’s roster of reconcilers.
Consistent with these recommendations, the 8-06 Task Force recommends the following changes to the Bylaws of the Synod:
PRESENT/PROPOSED WORDING
Definition of Terms

2010 Convention Workbook

2010 Convention.indb 144

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