LCMS Convention Workbook St. Louis, Missouri — 2010, Page 218

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218

Ecclesial matters

for expulsion that is regarded as a “serious matter” (Bylaw 2.14.1);
and
Whereas, The ecclesiastical supervisor is to “make every effort to
protect the integrity of the process,” and “make every effort to be consistent and fair” (Bylaw Section 2.14 Standard Operating Procedures
Manual, General Principles N, p. 3); and
Whereas, “The goal throughout is always one of admonition and
reconciliation, of repentance and forgiveness” (Bylaw 2.14.3 [d]); and
Whereas, Bylaws 2.14.4 and 2.14.5 allow the district president
to utilize an “investigation committee” (2.14.4 [a]), a “committee to
assist in reconciliation efforts” (2.14.4 [c]), and a “Referral Panel”
(Bylaw 2.14.5) prior to suspension but do not require it; and
Whereas, The district president is permitted unilaterally to be
the accuser (Bylaw 2.14.2 [m]), the investigator (Bylaw 2.14.4 [a]),
the one to make a determination to “commence formal proceedings”
(Bylaw 2.14.6), and finally the one to suspend the accused (Art. XII
8); therefore be it
Resolved, That the congregations of the Wyoming District in
convention memorialize the Synod to rewrite Bylaw section 2.14 to
require the formation and utilization of an investigation committee
(Bylaw 2.14.4 [a]), a reconciliation committee (Bylaw 2.14.4 [c]), and
a Referral Panel (2.14.5) prior to suspension (Art. XII 8).
Wyoming District
7-20

To Rescind 2004 Res. 8-01A and Develop a New
Adjudication Process
Rationale
Res. 8-01A of the 2004 LCMS convention addressed the subject
of ecclesiastical supervision and dispute resolution between LCMS
members. The resolution provided for the creation of bylaws that outline the procedures for restricting, suspending, and expelling members
of the Synod, as well as the removal of members of the Synod from
elected positions.
The following concerns have arisen concerning Res. 8-01A and
its resulting bylaws.
First, there is an inconsistent or incorrect use of Matthew 18:15–
17. This passage of Scripture teaches the use of church discipline
and excommunication by the local congregation, but it is used in
Res. 8-01A and the resulting bylaws as a biblical “mandate” for the
basis and guidelines for ecclesiastical supervision and dispute resolution within districts and Synod (Bylaw sections 1.10 and 2.13–2.17).
Second, Res. 8-01A and its resulting bylaws fail to adhere to the
biblical and confessional distinction be­­­tween public and private sins,
so that public error and sin may be publicly corrected or rebuked as
the Scriptures require (1 Tim. 5:20; also Gal. 2:11 ff.; John 2:14–17).
Dr. Luther wrote at length concerning private sins and then added,
“But where the sin is so public that the judge and everyone else are
aware of it, you can without sin shun and avoid those who have
brought disgrace upon themselves, and you may also testify publicly against them. For when something is exposed to the light of
day, there can be no question of slander or injustice or false witness.
… Where the sin is public, appropriate public punishment should
follow so that everyone may know how to guard against it” (Large
Catechism, Eighth Commandment, par. 284). According to current
bylaws, “face-to-face” meetings of disputants in a public matter are
required before charges can be filed (Bylaws 1.10.5 and 2.14.3 [c]),
all hearings involving public matters are “private” (Bylaws 1.10.7.4
and 2.14.7.7 [b]), and “records of disputes … shall be sealed” (Bylaw

1.10.18.1 [g] 2.14.7.7 [j]), thus preventing open and public inspection of public matters.
Third, Res. 8-01A and its resulting bylaws fail to give clear
direction to member congregations that seek to follow the process
of ecclesiastical supervision or dispute resolution, since no explanation or instruction has been provided for a congregation to engage
in a “face-to-face” meeting with the accused (cf. Bylaw 2. 14.3c).
Fourth, Res. 8-01A and its resulting bylaws appear to have introduced a new governing polity in the LCMS by giving district and
Synod presidents the sole responsibility of initiating the process of
expelling members of the Synod (Bylaw 2.14.1) and sole responsibility of considering appeals and concluding the processes (Bylaw
section 2.14). The Synod’s doctrinal statement Church and Ministry,
by C. F. W. Walther, states in thesis 10 on the ministry, “To the ministry of the Word, according to divine right, belongs also the duty
to judge doctrine, but laymen also possess this right. Therefore, in
the ecclesiastical courts and councils they are accorded both a seat
and vote together with the clergy.” The practice of Res. 8-01A is in
conflict with this doctrinal statement. Furthermore, separate procedures are established for expulsion of a district president or officer
or the President of the Synod from membership in the Synod (Bylaw
sections 2.15 and 2.16 respectively). These procedures were “made
purposely difficult” (2004 Proceedings, p. 165) in relation to the
removal of pastors, for example, although the latter have a divine
call to a congregation.
Fifth, Res. 8-01A and its resulting bylaws state, “Any opinion
received from the Commission on Theology and Church Relations
[CTCR] and the Commission on Constitutional Matters [CCM] must
be followed” (Bylaw 1.10.l8.l [h]; also 1.10.5 [a]; 2.l4.7.7 [k]). This
requirement applies to district presidents, dispute resolution panels, appeal panels, review panels, and all hearing panels, that is, all
who are involved in matters of ecclesiastical supervision and dispute resolution. In the case of the CTCR rulings, this requirement
binds consciences to theological conclusions of one church council (commission), though these theological conclusions have neither
been received, studied, nor confessed by the Synod as a whole and
therefore cannot bind its members as does a freely confessed creed
or symbol. Such was the confession of Martin Luther at Worms. In
the case of the CCM, any rulings that may infringe on the doctrine
and practice of the Scriptures or the Confessions, such as requiring
an appeal panel to render a judgment based only on the Constitution
and Bylaws and not on the Scriptures and the Confessions, also bind
consciences contrary to God’s Word.
Resolved, That the LCMS Wyoming District memorialize the
Synod in convention to rescind Res. 8-01A and its resulting bylaws;
and be it further
Resolved, That a new adjudication process, based on the Scriptures
and our Lutheran Confessions, be designed to replace Res. 8-01A and
be presented to Synod in a timely fashion for approval at its 2010 convention; and be it further
Resolved, That this new adjudication process take into account
the biblical and confessional distinction between public and private
error or sin; and be it further
Resolved, That this new adjudication process take into account
not only the wisdom and necessity of biblical conflict resolution but
also the wisdom and necessity of true ecclesiastical adjudication of
public error as it was practiced in the first fourteen decades of our
Synod; and be it finally

2010 Convention Workbook

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