LCMS Convention Workbook St. Louis, Missouri — 1998, Page 248

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248 STRUCTURE, PLANNING, AND ADMINISTRATION

move from office any offending District President and/or Circuit
Counselor who refuses admonition in this matter and violates the
Constitution of the Synod.

Rollingwood
San Pablo, CA

7-28

To Address Violations of Art. VI
of Synodical Constitution

WHEREAS, Art. VI (“Conditions of Membership”) of the Con-
stitution of The Lutheran Church—Missouri Synod, has been and
continues to be violated by pastors, congregations, and District
presidents; and

WHEREAS, These violations have been a great offense to other
faithful members, it is now time to put teeth into compliance mea-
sures for Art. VI of the Constitution; therefore be it

Resolved, That when truthful facts and evidence are established
and submitted to the President of the LCMS by any members of
the LCMS, the President should promptly proceed according to
Matthew, chapter 18, on church discipline; and be it further

Resolved, That if the violator refuses to repent the President of
the LCMS shall be authorized to fine the violator no less than
$5,000 or give said violator the option to resign from the LCMS.
The time period should not exceed four months from the date of
the reporting of the violation. All fines shall be given to new do-
mestic and/or foreign missions. ‘

St. John, Waterbury, CT; Trinity, Denver, CO

7-29

To Comply with Synodical Constitution

WuerEAS, Art. XIII of the synodical Constitution states that
“members who act contrary to the confession laid down in Art. II
and to the conditions of membership laid down in Art. VI or persist
in an offensive conduct, shall, after previous futile admonition, be
expelled from the Synod; and

WHEREAS, These conditions of membership (Art. V1) include
“renunciation of unionism and syncretism of every description,
such as: ... Taking part in the services and sacramental rites of het-
erodox congregations or of congregations of mixed confession”;
and

WHueREAS, 1995 synodical Res. 3-14A resolves that “congrega-
tions and pastors ... be faithful to the promises and pledges we have
made to one another (Eph. 4:1-2) and uphold the practice of the
LCMS regarding unionism and syncretism”; and

WuerEAS, President Orval D. Mueller of the Southern District
has admitted to participating in a service with heterodox clergy,
and has rejected both private and public admonitions of synodical
President A. L. Barry; and

WHEREAS, President Barry has exercised the full extent of his
authority in this matter according to Art. XI B of the synodical
Constitution, “Duties of the President,” which states that it is the
President’s duty to see to it that all District Presidents “act in ac-
cordance with the Synod’s Constitution, to admonish all who in
any way depart from it, and if such admonition is not heeded, to
report such cases to the Synod”; therefore be it

Resolved, That, unless he repent and renounce all unionism by
word and deed, the Synod in convention comply with the afore-
mentioned articles of Constitution, and expel and depose Orval
Mueller from membership in The Lutheran Church—Missouri
Synod; and be it further

Resolved, That this expulsion take place immediately, and the
office of the President of the Southern District be filled in accor-
dance with the District’s procedures of succession; and be it finally

Resolved, That if he does repent and is retained in office, any
future instances of unionism on his part will result in immediate

expulsion from the Synod under the oversight of the synodical
President.

Mt. Calvary
Miltona, MN

7-30

To Review District Presidents’ Disciplinary Powers

WHEREAS, The 1983 and 1986 conventions revised the District
Presidents’ disciplinary powers, so that any church worker may im-
mediately be “restricted’’ or “suspended’’ by the District President
for any reason (Bylaws 2.21-2.29) before guilt has been deter-
mined through the dispute reconciliation process; and

WHEREAS, In many cases, “restricted’’ or “suspended’’ church
workers have been expelled by their congregations prior to their
case’s resolution, solely on the basis of the District President's use
of “restriction’’ or “suspension,’’ thereby leaving the church
worker without gainful employment, health insurance, housing, and
the opportunity to seek another job in his or her field; and

WHEREAS, Suspension may be appropriate for employees of the
Synod, but suspension or restriction of congregationally called
church workers violates the congregation’s fundamental right of
self-government guaranteed by Constitution Article VII; and

Wuereas, Luther and Walther demanded that. church workers
be disciplined and convicted only in the presence of, and with the
consent of, their own congregations (Luther’s Works 40:371,
31:388; 39:305-14; Walther, Church and Ministry [CPH, 1987],
219-47, 321-31, 332~51; Walther, Essays for the Church, 2:25-33,
35-40); and

WHEREAS, “Restriction’’ and “suspension’’ were supposedly in-
troduced to prevent an allegedly guilty church worker from avoid-
ing expulsion by accepting another call; and

WHEREAS, In such cases the calling congregation should have,
according to Article VII, the fundamental rights both to receive
from the respective District President the details of the alleged of-
fense and, if they judge the accusations to be insignificant, to call
the accused church worker in spite of the allegations; and

WuerEAS, The church does need someone with the powers of
immediate suspension of duties when charges of sexual miscon-
duct with minors or counselees, or propensity to assault, have been
filed against a church worker; and

WHEREAS, All of these serious problems in the present discipli-
nary system require careful, detailed, and thoughtful revision,
which is not possible at the synodical convention; therefore be it

Resolved, That the synodical President is hereby authorized to
appoint a Blue Ribbon Committee to address the issues of restric-
tion, suspension, and expulsion of church workers and synodical
employees, as well as other related issues; and be it further

Resolved, That the Blue Ribbon Committee examine, report on,

and make concrete proposals about these issues to the Synod by
August 2000, to be considered by the Synod in 2001.

Christ, Oak Park, IL; Trinity, San Jose, CA; Our
Redeemer, Forsyth, IL; Our Redeemer, Peekskill, NY; Our
Saviour, Evanston, WY; Grace, Fairgrove, MI; Bethany,
Fort Wayne, IN

7-31

To Reject Title of “Bishop”
for District Presidents of LCMS

WuerEAS, Synod’s Constitution and Bylaws have specifically
established the office of “District President”; and

WHEREAS, Over 150 years of usage in The Lutheran Church—
Missouri Synod has confirmed that “District President” is the pre-
ferred nomenclature for this office; and

WHEREAS, Confusion is created, and offense can be given, when
individual District Presidents receive or adopt titles not given them
by our Synod; therefore be it