LCMS Convention Workbook St. Louis, Missouri — 2010, Page 217

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Ecclesial matters
7-16

To Overrule CCM Opinions on Ecclesiastical
Supervision
Whereas, The Commission on Constitutional Matters (CCM),
in its opinion “Consequences of Action Taken upon Approval
of Ecclesiastical Supervisor” (02-2296; 02-2320) stated, “The
Constitution and Bylaws of the Synod do not allow or contemplate
the expulsion of a member of the Synod on the basis of an action
taken with the full knowledge and approval of the appropriate ecclesiastical supervisor”; and
Whereas, In its opinion “Ecclesiastical Supervision and Conflict
of Interest” (02-2309), the CCM similarly stated that “the Synod is
precluded from taking any action to terminate the membership of
its member who, when performing his or her official duties, follows
the advice and counsel of the ecclesiastical supervisor” and, again,
that “the member who acted cannot be charged since he or she acted
according to the advice of his or her ecclesiastical supervisor”; and
Whereas, The Constitution of the Synod places substantial weight
on the need for doctrinal discipline to be carried out and for members
of the Synod to be held accountable for their own actions when it sets
forth “[c]onditions for acquiring and holding membership” (Article
VI) and when it states, “The Synod at all times has the right to call its
officers to account and, if circumstances require it, to remove them
from office” (Article XI A 2), and when it states, “Members who act
contrary to the confession laid down in Article II and to the conditions of membership laid down in Article VI or persist in an offensive
conduct, shall, after previous futile admonition, be expelled from the
Synod” (Article XIII 1); and
Whereas, These substantive constitutional arguments for doctrinal discipline may be thwarted by an appeal to the CCM opinions on
ecclesiastical supervision, which could be used to allow a member
of the Synod to violate the Constitution with impunity and immunity; and
Whereas , Opinions of the CCM are binding unless and until
“overruled by a convention of the Synod” (Bylaw 3.9.2.2); and
Whereas, Many districts, congregations, circuit forums, and pastors conferences submitted overtures to the Synod’s 2004 and 2007
conventions to overrule the CCM opinions on ecclesiastical supervision; and
Whereas, These overtures were not brought forward by the floor
committees for consideration by the 2004 and 2007 conventions; and
Whereas, The voice of so many districts, congregations, circuit
forums, and pastors conferences, all submitting similar overtures on
such a substantive constitutional matter, ought at least to be heard
in the form of a proposed resolution at the convention, particularly
when a convention vote is the only means available for overruling a
CCM opinion; therefore be it
Resolved, That the Synod overrule CCM Opinions 02-2296,
02-2320, and 02-2309.
St. Matthew, Bonne Terre, MO;
St. John, Owensville, MO;
Farmington Circuit Forum, Missouri District;
Good Shepherd, Arnold, MO

217

7-17

To Consider Adding Time Limitations to Dispute
Resolution Process
Whereas, It is God-pleasing that disputes, disagreements, or
offenses between Christians, Christian organizations, or between
Christians and Christian organizations be resolved in a God-pleasing
manner (Matt. 5:23–24); and
Whereas, The Synod has in place a dispute resolution process to
resolve such disputes as outlined in Bylaw section 1.10; and
Whereas, The needs of both sides in a dispute should be considered equally; and
Whereas, The process developed by the Synod admonishes that
disputes, disagreements, or offenses “should be resolved promptly”
(Bylaw 1.10.1); and
Whereas, The present process does not require either side in a dispute to initiate the formal process of dispute resolution within any
given time frame, thus possibly placing the potential respondent in a
position of never knowing if the dispute has been resolved or if action
may be taken at some undetermined date in the future; and
Whereas, It is possible through a process of stalling to greatly
extend the formal dispute resolution process beyond the stated time
limitations; and
Whereas, Unnecessary delays in resolving disputes can inflict
harm upon individuals and organizations; therefore be it
Resolved, That the 2010 LCMS convention direct the Secretary
of the Synod, in consultation with the CCM and the Council of
Presidents, to study this issue and report to the 2013 convention of the
Synod, making any recommendations that he believes would address
this situation and improve the dispute resolution process.
Northern Illinois District
7-18

To Post Standard Operating Procedures Manuals
on Synod Web Site
Whereas, A number of the Bylaws of the Synod call for the use of
a Standard Operating Procedures Manual (SOPM); and
Whereas, Each SOPM gives clarification to the respective Bylaws
of the Synod; and
Whereas, The SOPMs are of benefit to members of the Synod in
understanding the Bylaws of the Synod; and
Whereas, Such SOPMs are not currently available on the Synod’s
Web site; therefore be it
Resolved, That the congregations of the Wyoming District in convention memorialize the Synod to post publicly on the Synod’s Web
site all current SOPMs that are referenced in the Synod’s Bylaws.
Wyoming District
7-19

To Require Use of Investigation Committee,
Reconciliation Committee, and Referral Panel in
Expulsion Processes
Whereas, Art. XIII “Expulsion from the Synod” mandates,
“Expulsion shall be executed only after following such procedure
as shall be set forth in the Bylaws of the Synod” (Art. XIII 2); and
Whereas, Bylaw section 2.14 “Expulsion of Congregations or
Individuals from Membership in the Synod” prescribes a procedure
2010 Convention Workbook

2010 Convention.indb 217

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