LCMS Convention Workbook St. Louis, Missouri — 2016, Page 420

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420

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

within seven working days. In all instances, to the extent possible, the
privacy, dignity, and integrity of the accuser and the accused will be
respected. This shall not be used to excuse an incomplete investigation
in said allegations. All information and documents known to and/or
held by the Synod, together with all information gathered during the
investigation, must be promptly, fully, and completely made available
to the complainant and the accused by the investigator.
After the investigation has been completed and the information
made available to the complainant and the accused, the dispute resolution process outlined in Bylaw 1.10 shall resume.
Circuit 8
Kansas District
12-15

To Form New Dispute Reconciliation Process
Whereas, The Mission Statement published in the foreword of
the 2013 Synod Handbook, printed version, declares: “In grateful
response to God’s grace and empowered by the Holy Spirit through
Word and Sacraments, the mission of The Lutheran Church—
Missouri Synod is vigorously to make known the love of Christ by
word and deed within our churches, communities, and world.” This
love from Christ binds our members to one another and commands
us to treat each other with love and respect, avoiding public offense
and sin; and
Whereas, The dispute resolution process was written to bring
about Christian reconciliation between complainants and respondents whenever there has been grievous offense, as stated in Bylaw
1.10.1.3: “Christ’s ‘ministry of reconciliation’ is one of the church’s
foremost priorities”; and Bylaw 1.10.1.2: “The parties and others
attempting to effect resolution of a dispute must always remain mindful that the church has been given the ‘ministry of reconciliation’
(2 Cor. 5:18)”; and
Whereas, This process depends upon the faithful and unbiased
execution of the reconciliation process by the officers of Synod but
provides no remedy where there has been a neglect by such officials
in bringing this process to completion, other than to bring the matter
to the Synod in convention, as stated in Article XI, Rights and Duties
of Officers, A 1: “The officers of the Synod must assume only such
rights as have been expressly conferred upon them by the Synod, and
in everything pertaining to their rights and the performance of their
duties, they are responsible to the Synod”; and A 2: “The Synod at
all times has the right to call its officers to account and, if circumstances require it, to remove them from office in accordance with
Christian procedure”; and
Whereas, This creates an excessive burden upon the complainant
or respondent if there has been a refusal on the part of either party to
participate in the process, most especially if the complainant has been
impeded, hindered, or otherwise unsupported by Synod officials, preventing the process from moving forward; and
Whereas, Our LCMS Constitution states in Article III that the
duties of the Synod are to “provide evangelical supervision, counsel,
and care for pastors, teachers, and other professional church workers of the Synod in the performance of their official duties”; and in
Article VI, to “provide protection for congregations, pastors, teachers, and other church workers in the performance of their official
duties and the maintenance of their rights,” which, if the complainant
is required to make public accusation before the Synod, would lend
itself to public controversy and offense when these matters require
private resolution in the interest of reputations and honor; and
2016 Convention Workbook

Whereas, Christ would have us seek other ways to bring about
reconciliation by employing God-pleasing methods of reconciliation through appropriate forms of checks and balances apart from
lengthy and burdensome processes as they are presently prescribed
by the Bylaws of the Synod, which rely solely upon the good graces
of Synod officials for execution; therefore be it
Resolved, That the Synod in convention delegate to the faculties of
Concordia Seminary, St. Louis, and Concordia Theological Seminary,
Fort Wayne, the task of defining an evangelical and biblical process of
reconciliation that would take place in a simple and Christian manner,
free from conflicts of interests or impediments that could be imposed
by Synod officials—a process that can rebuild fraternal relationships
by means of the evangelical love that our Lord commands and expects
within His Church; and be it further
Resolved, That the proposals of the seminaries be reported to the
2019 Synod convention with the goal that the convention would provide formal direction for the incorporation of a new reconciliation
process in the Bylaws of the Synod.
Advent
Zionsville, IN
12-16

To Restore to Synod Praesidium Authority to Act
in Discipline Cases If District President Fails to Act
Whereas, Termination or suspension of membership in the Synod
is a serious matter involving both the doctrine and life of members
and should be taken only as a final step, following advice, counsel,
encouragement, and, when necessary, admonition regarding teaching and/or practice; and
Whereas, Synod Bylaws provide for the protection of members
by including provisions for challenging the decisions of ecclesial
supervisors in these matters, as well as provisions for restoration of
membership that has been suspended or terminated; and
Whereas, The lingering existence of unresolved charges is also
a great burden upon the church workers concerned, their congregations, and the church at large and, for the health and well-being of
all, proceedings to resolve such matters should not unduly be delayed
or prolonged; and
Whereas, Prior to the 2004 LCMS convention, there also existed
a right of appeal to the LCMS Praesidium in matters of ecclesial
supervision involving such serious disciplinary action under former
Bylaw 2.27.2 (b), which stated:
b. If the district president declines to suspend the member or fails to
act within 90 days after receipt of the written complaint, the complainant may present the written complaint to the Praesidium of the
Synod, which consists of the President and the vice-presidents of the
Synod. If after investigation the Praesidium concludes that the facts
form a basis for expulsion of the member under Article XIII of the
Constitution, the Praesidium shall proceed in the same fashion as
hereafter required of the district president. If the Praesidium determines not to proceed, it shall in writing so inform the complainant
and the involved member, which shall terminate the matter.

and
Whereas, In order to ensure fair and consistent treatment of all
members of Synod in a Christian and fraternal manner, and to ensure
prompt resolution of disputes for the best interests of all concerned,
it is appropriate that this right of appeal be restored and granted to all
parties; therefore be it