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LCMS Convention Workbook St. Louis, Missouri — 2016, Page 419

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
12-11

To Appoint Task Force to Review and Evaluate
Dispute Resolution Process
Whereas, The 1992 dispute resolution process brought needed
and new elements to the Synod’s reconciliation process; and
Whereas, The process has been amended over time; and
Whereas, There currently is potential for weakness involving
conflict of interest and lack of objectivity in evaluating the need for
formal proceedings to resolve conflict; therefore be it
Resolved, That the President of the Synod convene a task force
to identify weaknesses in the dispute resolution process and to offer
suggestions for change to the process, if necessary; and be it further
Resolved, That the task force, appointed by the President of the
Synod, be comprised of one representative from each seminary, one
member of the Council of Presidents, one member of the CTCR, one
member from the CCM, one ordained minister, one commissioned
minister, and two laypeople; and be it further
Resolved, That the task force present its findings to the CCM for
review prior to the 2019 LCMS convention; and be it finally
Resolved, That the task force bring its reports and recommendations to the 2019 LCMS convention for action.
Iowa District East
12-12

To Revise Dispute Resolution Process
Resolved, That the Indiana District in convention petition the 2016
LCMS convention to revise the dispute resolution and expulsion processes to be more expedient in dealing with cases of false doctrine.
Indiana District
12-13

To Restore Pre-1992 Adjudication, Expulsion,
and Appeal Processes
Whereas, The Treatise on the Power and Primacy of the Pope,
paragraph 51, states, “Thus the pope exercises a twofold tyranny:
he defends his errors by force and murders, and he forbids a judicial examination. The latter does more harm than all punishments,
for when proper judicial process has been taken away, the churches
are not able to remove impious teachings and impious forms of worship, and countless souls are lost generation after generation”; and
Whereas, Clear and certain public teaching requires independently supervised accountability to the Lutheran Confessions (Book
of Concord) and Scripture; and
Whereas, Due to our nature after the fall, independently supervised accountability among men to affirm clear and certain public
teaching requires a structure of independent checks and balances—all
designed with specific intent to guide and protect both the church and
household estates with clarity and certainty of public teaching; and
Whereas, The current judicial system defined in LCMS Bylaws
combines the executive and judicial functions into the same office
(namely, into the office of district president), which structure also
has the effect of nullifying proper judicial process—a fault which the
Book of Concord teaches causes more harm than all punishments; and
Whereas, Many have expressed frustration that there is evidence that the structure of doctrinal supervision is dysfunctional in
the LCMS; therefore be it

419

Resolved, That the Synod return to elected commissions on adjudication for its districts and a commission on appeals on the Synod
level—upon which officers or staff of the Synod or districts shall NOT
serve or influence their work; and be it further
Resolved, That only parish pastors and laymen (because the commissions will administer matters pertaining to the pastoral office)
who are well instructed and informed by the Book of Concord and
Scripture are to serve on these two commissions; and be it finally
Resolved, That the LCMS Handbook be revised by the LCMS
Commission on Handbook to restore the pre-1992 structures and processes for adjudication, expulsion, and appeals.
Trinity
New Haven, MO
12-14

To Assist and Encourage Resolution of Disputes
Where Facts Are Unclear and Evidence
Is Possessed by the Synod
Whereas, Evidence in the control of The Lutheran Church—
Missouri Synod is not available to those in a dispute with the Synod;
and
Whereas, The Scriptures encourage Christians to resolve disputes with the church; and
Whereas, We desire to encourage members of the LCMS to
resolve a wider range of disputes within the Synod by establishing a
process to uncover needed facts and evidence so that the dispute resolution process, defined in Bylaw 1.10, can be used by persons who
do not have access to the evidence; and
Whereas, Without such a process, a just and fair conclusion cannot be reached; and
Whereas, With this process, a wider range of complaints can be
adjudicated; and
Whereas, A fairer adjudication process will be possible as evidence, previously unavailable, will be made available; therefore be it
Resolved, That a process establishing a cooperative way to receive
necessary evidence by parties in dispute, thereby allowing a more
informed resolution of a wider variety of complaints and disputes,
be adopted; and be it further
Resolved, That the following wording be added to Bylaw 1.10.5:
PROPOSED WORDING
Any person or persons who present a complaint of wrongdoing
against the Synod or a Synod employee—where factual information
is in the possession of the Synod and not available to the complainant, and where a finding of fact is required for a just resolution of the
dispute—will be given, within 15 working days, a concise and clear
written explanation of the LCMS policy regarding the handling of
such complaints/disputes. The complainant will be offered access to
the dispute resolution process of the Synod and will be assisted, as
needed, by his/her pastor or an appointed Synod representative. The
complainant will not be asked to forego access to the civil courts in
order to activate a Synod investigation.
Any Synod employee or representative accused of wrongdoing
by a complainant will be offered the same dispute resolution process.
If the complainant or the accused feels an investigation would
be beneficial or necessary, the district president or Synod President
(depending on proper jurisdiction) will choose an investigator with the
approval of the complainant and the accused. If the alleged wrongdoing involves significant legal irregularities, the investigation will begin
2016 Convention Workbook