Collection › LCMS Convention Workbook (St. Louis, Missouri) › 2019 · 67th Convention, Tampa › Page 534
LCMS Convention Workbook St. Louis, Missouri — 2019, Page 534

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

534

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

Resolved, That Bylaw 2.14.5 on ecclesiastical supervision be
removed; and be it further
Resolved, That the 2019 convention reaffirm the method of
ecclesiastical supervision adopted in the bylaw changes by the 2004
convention.
Michigan District
Ov. 10-24

To Reestablish the District President
as Supervisor of Individual Members of Synod
WHEREAS, The 2016 convention of the Synod, in Resolution 1214, “Regarding the Right of an Accuser to Appeal when a District
President or President of the Synod Fails to Act or Declines to
Suspend,” according to Bylaw 7.1.2, deferred its rightful legislative
authority regarding the development of ecclesiastical supervision
bylaws with respect to and inclusion of the President of the Synod,
giving the decision to the Synod’s Board of Directors rather than to
the legislative assembly; and
WHEREAS, The decision of the Board of Directors, as well as the
most recent opinion of the Commission of Constitutional Matters
(CCM) in this matter (CCM Op. 16-2791, “Constitutionality of
Historical Appeal to President and Praesidium in Expulsion Cases”)
diverges from historic opinions of CCM (CCM Op 15-2750,
“Ecclesiastical Supervision Responsibilities of the President of the
Synod”; CCM Op. 13-2669, “Ecclesiastical Supervision”; 10-2581,
“Ecclesiastical Supervisory Responsibilities of a District
President”; 03-2354, “CCM Rulings, Dissent, and Ecclesiastical
Supervision”; 03-2338, “Reconsideration of Opinions re
Ecclesiastical Supervision”), and of historical understandings of the
role of the Synod President in the ecclesiastical supervision of
individual members of Synod (creation of districts, 1852 Synod
convention; giving the district president the obligation to visit
congregations of their districts, 1864 Synod convention; appointing
the President of Synod, suspension and appeals process,” 1890
Synod convention), and the correspondence of Synod Presidents
such as C.F.W. Walther and H.C. Schwann; and
WHEREAS, This decision has caused undue confusion around the
procedures concerning the serious matters of ecclesiastical
supervision, leaving districts, district presidents, and individual
members of Synod unsure of how to proceed in matters that require
swift, contextual, and Biblical understanding; therefore be it
Resolved, That CCM Op. 16-2791 be nullified and sent for
review with clear reference to the historical precedent of Synod’s
practices and rules since its inception; and be it further
Resolved, That the decision of the Board of Directors concerning
Res. 12-14 be nullified and sent for review; and be it further
Resolved, That Synod with proposed constitutional and bylaw
changes that would seek to clarify and return to Synod’s historic
position; and be it finally
Resolved, That the Synod pray for peace and harmony, providing
a witness to God’s powerful work of reconciliation in our lives.
Florida-Georgia District

2019 Convention Workbook

Ov. 10-25

To Reaffirm 2016 Resolution 12-14
and Synod Bylaw Sections 2.14–2.17
WHEREAS, The 2016 Synod convention passed Resolution 12-14
“Regarding the Right of an Accuser to Appeal When a District
President or President of the Synod Fails to Act or Declines to
Suspend,” as follows:
WHEREAS, CCM Opinion 16-2791 has indicated that portions of
the expulsion processes of the Synod’s Bylaws are presently in
an unconstitutional state with respect to Constitution Article XI
B 1–3 and Const. Art. XIII 2; and
WHEREAS, The Council of Presidents (district presidents and
Praesidium) has expressed an interest in having input in
developing bylaws that would address this in a manner consistent
with the Constitution and Bylaws of the Synod and its
resolutions; and
WHEREAS, The Synod in convention has the authority, under
exceptional circumstances, to direct the Synod’s Board of
Directors to amend bylaws under Bylaw 7.1.2, which directs the
Secretary of the Synod to draft such amendments for review by
the CCM and the Commission on Handbook prior to adoption;
therefore be it
Resolved, That the Synod in convention direct the Board of
Directors to act in this manner in order to implement clear bylaw
procedures regarding this aspect of ecclesiastical supervision;
and be it further
Resolved, That a consultation process shall be designed by
mutual agreement of the chairman of the Council of Presidents
and the President of the Synod, by which the Council of
Presidents shall have the opportunity to offer to the Secretary of
the Synod input as to proposed mechanisms to implement
expulsion processes consistent with and not contradicting the
Constitution of the Synod; and be it further
Resolved, That said consultation be accomplished within six
months of the close of the 2016 Synod convention, unless
extended by agreement of said chairman of the Council of
Presidents and the President of the Synod; and be it finally
Resolved, That these bylaw changes become effective upon
adoption by a two-thirds majority of the Synod’s Board of
Directors, as specified in Bylaw 7.1.2.
and
WHEREAS, The following parenthetical notation is included in
the 2016 Proceedings, p. 233, following the text of the resolution:
President Harrison explained the purpose of Res. 12-14 and then
called on Council of Presidents Chairman Kenneth Hennings to
assure the assembly of the council’s unanimous support. A
proposed amendment to insert “or President of the Synod” after
“District President” in the resolution’s title was received by the
committee as a friendly amendment. After brief discussion, the
chair called for a show of hands and debate was ended. Res. 1214 was adopted as changed [Yes: 996; No: 67].
and
WHEREAS, The Synod’s Board of Directors at their May 2017
meeting fulfilled their responsibilities per directive of the
convention resolution and under Bylaw 7.1.2 to amend the Bylaws
regarding the ecclesiastical supervision of the Synod by the
President should a district president fail to act; therefore be it