LCMS Convention Workbook St. Louis, Missouri — 1998, Page 258

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258 STRUCTURE, PLANNING, AND ADMINISTRATION

7-58

To Create New Nongeographical Walther District

WHEREAS, Many Districts of the LCMS no longer publicly en-
dorse the doctrine of church and ministry taught by C. F. W.
Walther; and

WHEREAS, Many Districts permit unionistic church fellowship
with heterodox church bodies; and

WHEREAS, Many LCMS Districts permit violations of Art. VI
of the Constitution of the LCMS; and

WHEREAS, There are churches in Missouri Synod Districts
which are conscience-bound to leave their liberal Districts, and
cannot join another District for various reasons; and

WHEREAS, These Lutheran churches, as members of the LCMS,
would be no longer able to issue calls or receive the official ser-
vices of the LCMS District and Circuit when necessary; and

WHEREAS, Mission and ministry could and would be greatly en-
hanced if congregations were part of Districts in which they had
full confidence and respect; and

WHEREAS, The creation of the “Walther District” would give
congregations in the Synod the opportunity to continue practicing
the doctrine of church and ministry promoted by C. F. W. Walther
without being in conflict with their Districts or its representatives;
therefore be it

Resolved, That the 1998 convention of the LCMS establish the
creation of a new nongeographical district called the “Walther Dis-
trict of the LCMS”; and be it further

Resolved, That the “Walther District” adheres to the constitu-
tion of the LCMS: and be it finally

Resolved, That the “Walther District” will own no property and
have no full-time salaried officers or staff, thus avoiding the cre-
ation of needless bureaucracy and enabling it to conserve a greater
portion of congregational resources for missions and Synod at
large.

St. John
Waterbury, CT

7-59
To Revise Bylaws Relating to Conflict Resolution

Rationale

In reviewing the Bylaws of Chapter VIII of the Handbook and
Rules of Procedure related to dispute resolution, the Task Force on
Conflict Resolution appointed by President Barry identified a num-
ber of areas where revisions or additions would be beneficial.

Resolved, That the following Bylaw revisions be made for the
reasons given:

1. Bylaw 8.09 d states that “any party to the dispute, or the
President of the Synod if a question of doctrine or practice is in-
volved (Art. XI B 1-3), may request a decision regarding a recon-
sideration.” The question has arisen as to whether a party to the
dispute may request a decision for reconsideration on any other
grounds. In order to deal with this issue, the words “identifying the
doctrine or practice with which the decision is in conflict” which
occur later in the Bylaw shall be deleted.

2. Because of the time factors involved in notifying parties of
the nine names selected by blind draw for a panel, allowing them to
delete three names if they desire, returning their response to the
Secretary, and contact by the Secretary of the final three names
chosen for the panel, the Task Force does not believe that the 10
days referred to in Bylaw 8.09 d and 8.07 h are realistic. Therefore,
the number /0 shall be changed to 2/ in both of these sections.

3. Because there are times when the Secretary may be out of
the office or unavailable for some other reason, there should be
provisions for moving the process forward on a timely basis. In
order to provide for that possibility, in Bylaw 8.07 h and Bylaw
8.09 d the reference shall be made to the Secretary of the Synod
“or his representative.”

4. Concerns have been raised that the process does not allow
for sensitivity to issues of race or gender in order to avoid the ac-
cusation of racism or sexism. It was suggested that the chairman
of the panel might be a trained reconciler, but others might be
brought in to assist in sensitizing the reconciler to certain issues
which might be involved. In order to provide for this, in Bylaw
8.07 e the following words shall be added: "The reconciler may
draw upon persons and resources which the reconciler deems nec-
essary to assist in the reconciliation process."

In addition, in the glossary, Bylaw 8.03, the second sentence of
the definition of witness shall be changed to read, “A reconciler
appointed to assist parties in dispute resolution or a person called
upon by a reconciler at the formal reconciliation meeting shall not
testify as a witness before a Dispute Resolution Panel in the same
dispute.”

5. The question has arisen as to whether a reconciler who
moves from one District to another may be allowed to serve as a
reconciler in the District to which he/she moved. In order to deal
with this issue. The following changes shall be made:

After the last sentence of Bylaw 8.13 a, add the following: "A
District board may add to the District roster of reconcilers a recon-
ciler who moves into the District from the district where ap-
pointed.”

Also add after the last sentence of 8.13 b: “If all of the District
reconcilers are unavailable for a particular matter, the Secretary of
the District shall request that a reconciler from an adjacent District
be chosen in the prescribed manner by the Secretary of the adja-
cent District.”

Task Force on Conflict Resolution

7-60

To Change Election Process for Reconcilers

WHEREAS, The 1992 synodical convention passed a wholesale
revision of its Bylaws, Chapter VIII, dealing with adjudication,
with the understanding that particular details of the new process
would need to be revised as defects were found in it; and

WHEREAS, One of the most important defects of the “dispute
reconciliation’ system has been found to be that the reconcilers at-
tain their office by political appointment, through District boards
of directors (Bylaw 8.13 a); and

WHEREAS, The majority of the members of District boards of
directors are church workers, over whom the District President has
an inordinate influence through his call process and appointment
powers; and

WuereEas, The District President already has significant pow-
ers in the adjudication process through “restriction’’ and “suspen-
sion’’ (Bylaws 2.21—2.29) and the ability to bring charges as a
complainant against the accused (Bylaw 2.27 a); and

WHEREAS, One of the most important keys to having a fair trial
is having an impartial, nonpolitically influenced jury; and

WHEREAS, The appointment of reconcilers by the District board
of directors, who are under the influence of the District President,
results in a roster of reconcilers who are predisposed to be favor-
able toward the District President; and

WHEREAS, This predisposition presents a great temptation for
the abuse of authority by District officers; therefore be it

Resolved, That Bylaw 8.13 a, be amended so that all reconcilers
will henceforth be elected by District conventions, four reconcil-
ers per District for three-year terms, from a slate proposed by the
regular nominations committee; and be it further

Resolved, That the present reconcilers continue their terms of
office through the year 2000, when the new reconcilers will be
elected by their respective District conventions.

Christ, Oak Park, IL; Trinity, San Jose, CA; Our
Redeemer, Forsyth, IL; Our Redeemer, Peekskill, NY; Our
Saviour, Evanston, WY;Trinity, Iuka, IL; Messiah,
Middletown, OH; Mount Calvary, Miltona, MN; Bethany,
Fort Wayne, IN; Messiah, Kenosha, WI