LCMS Convention Workbook St. Louis, Missouri — 2001, Page 263

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STRUCTURE, PLANNING, AND ADMINISTRATION 263

us all. When there is repentance and reconciliation, the body of
Christ rejoices in its oneness with Christ and with one another.

8.01 Purpose and Objectives

The provisions of this article are established in order to provide
a means consistent with the Holy Scriptures to find the truth, pro-
vide for justice, and safeguard the welfare of the members of the
Synod, the Synod itself, and those (whether or not members of the
Synod) holding positions with the Synod or with an organization
owned and controlled by the Synod.

This article, in conformity with Art. XXVIII of the Augsburg
Confession, acknowledges that the government is a servant of God
and bears the sword for a reason (Rom. 13:1). Therefore, it recog-
nizes that there may be circumstances that require the judgment of
the state. The provisions of this chapter are made available with the
expectation that through them every effort shall be made to effect
reconciliation in all cases of disagreement, accusation, or contro-
versy by all parties who fall within the following classifications:

(1) members of the Synod (congregation, pastor, teacher);

(2) the Synod itself;

(3) Districts or other organizations owned and controlled by the
Synod;

(4) lay members of congregations of the Synod holding posi-
tions with the Synod itself or with Districts or other organizations
owned and controlled by the Synod.

8.02 Exceptions

This chapter may not be appropriate in the following matters
unless they involve theological, doctrinal, or ecclesiastical issues:

(1) Disputes concerning property rights (e.g., real estate agree-
ments, mortgages, fraud or embezzlement, or other circumstances
where property and reputation are being contested).

(2) Disputes arising under contractual arrangements of all kinds
(e.g., contract for goods, services, or employment benefits).

8.03 Definition of Terms as Used in This Chapter

a. “Synod” shall mean that organization organized under the
Constitution to which these bylaws, including the provisions of this
chapter, are appended.

b. “Organizations owned and controlled by the Synod” shall be
construed to include any board, commission, committee, or council
of the Synod; radio station KFUO; Concordia Historical Institute;
The Lutheran Church—Missouri Synod Foundation; Concordia
Publishing House; Lutheran Church Extension Fund—Missouri
Synod; all Districts and incorporated District church extension
funds; and all educational institutions owned and maintained by the
Synod.

c. “Members of the Synod” shall mean those ordained minis-
ters, commissioned ministers, and congregations holding member-
ship in the Synod as specified within Art. V of the Constitution of
the Synod.

d. “Position” shall include (1) membership on a board, com-
mission, committee, or council, (2) status as an officer (including a
Circuit Counselor), and (3) any executive employment (as defined
by the appropriate corporate board) regardless of whether the posi-
tion was filled by election, appointment, or call, whether lay or
clergy.

e. “Party to a case” or “party to the case” shall mean the per-
son([s] originating a formal charge (who may be referred to as the
“complainant[s]” or the “plaintiff[s]”) and the person[s] being ac-
cused (who may be referred to as the “defendant[s]” or “respon-
dent{s]”) or, if the subject of the proceeding is a disagreement or
controversy, not an accusation, such term shall mean each person
and entity, the rights of whom or which will or may be directly af-
fected by a resolution of the disagreement or controversy.

f. “Reconciler”—as used in this chapter, a member of The
Lutheran Church—Missouri Synod or of an LCMS congregation
who is appointed to be available to assist parties to a dispute with a
view to reconciling them or enabling them to adjust or settle their
dispute, and who has completed the synodical training program. A

reconciler does not judge or take sides but rather, with the help
God, assists both parties to find their own resolution to the dispute.

g. “Informal reconciliation”—as used in this chapter, refers to
the face-to-face meeting between the parties to a case.

h. “Formal reconciliation” —as used in this chapter, refers to a
case when a reconciler has been assigned by the District or Synod
to bring the parties to a case together in an attempt to reconcile the
parties.

i. “May”—as used in this chapter, the word is permissive, ex-
pressing ability, liberty, or the possibility to act.

j. “Shall’’—as used in this chapter, the word is a word of com-
mand that must always be given an imperative or compulsory
meaning.

k. “Statement of the matter in dispute”—a concise written state-
ment containing factual assertions involving contended or con-
flicted issues between one or more parties. The statement may also
contain a request for the type of relief to be granted.

]. “Witness” —a person called to give testimony regarding facts
to a dispute before a dispute resolution panel. A reconciler ap-
pointed to assist parties in dispute resolution shal] not testify as a
witness before a dispute resolution panel in the same dispute.

8.05 Informal Efforts toward Reconciliation

a. Before any matter is submitted to the reconciler, the parties
involved in a dispute must meet together, face-to-face, in a
good-faith attempt to settle their dispute (Matt. 18:15).

b. Before any matter can be submitted to the Commission on
Adjudication, opportunity to settle the matter shall be given to the
reconciler, District President, synodical President, or chief officer
of the organization owned and controlled by the Synod that is in-
volved. Any charges shall be submitted in writing to the District
President, the synodical President, or the chief officer, who may
appoint a small committee to assist in reconciliation efforts. For-
mal reconcilers or members of any commission of adjudication or
appeals may not sit on this committee.

c. Before an individual may commence an action with a Com-
mission on Adjudication raising procedural questions in cases in-
volving excommunication, he shall first present his case in writing
to the appropriate Circuit Counselor to give him the opportunity to
settle the matter. If the Circuit Counselor cannot settle the matter,
the individual shall present his case to the District President, who
may appoint a small committee to assist in reconciliation efforts.

8.07 Exclusiveness of Remedies

a. Except as may be otherwise set forth in these bylaws, ex-
pressly stated to be an exception hereto, provisions of this chapter
shal] govern all formal reconciliation, adjudication, and appeal pro-
cedures within the Synod.

b. The Holy Scriptures (1 Cor. 6:1-7) urge Christians to settle
their differences by laying them before the ‘members of the broth-
erhood” and strongly discourage brethren from taking action in the
civil courts. Therefore, the Synod calls upon all parties to a dis-
agreement, accusation, or controversy to fully use the Synod’s ad-
Judication system. If a person or entity to whom the provisions of
this chapter are applicable shal] unreasonably refuse to heed this
admonition or to respect the jurisdictional authority of the respec-
tive Commission on Adjudication or Appeals, the person or entity
shall forfeit all rights under this chapter. In such cases each party to
the disagreement, accusation, or controversy shall be free to en-
force or defend his rights in the civil] courts. However, fitness for
ministry and other theological matters should never be determined
outside the church.

8.09 The Congregation’s Right of Self-Government

The congregation’s right of self-government shal] be recog-
nized. However, when a decision of a congregation is at issue, a
Commission on Adjudication may review the decision of the con-
gregation according to the Holy Scriptures and shall either uphold
the action of the congregation or advise the congregation to review
and revise its decision, If the congregation does not revise its deci-
sion, the other congregations of the Synod shall not be required to

2001 Convention Workbook