LCMS Convention Workbook St. Louis, Missouri — 2001, Page 277

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STRUCTURE, PLANNING, AND ADMINISTRATION 277

plainant shall have as many days beyond 90 days that is equal to
the time required by the District President to conclude action on
a complaint in order to appeal to the Praesidium. If after inves-
tigation 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 re-
quired 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.

Circuit 3
South Wisconsin District

7-109

To Include Time Limitation in Appeal Process

WHEREAS, There is a time limit on which a District President
may act according to Bylaw 2.27 (90 days), but there is no recorded
time limit upon which to appeal his final resolution of charges to
the President of the Synod; and

WHEREAS, This lack of a limit leaves the process open for ap-
peal indefinitely and brings no closure to the process for the Presi-
dents of the District and the Synod, the accused, or the accuser;
therefore be it

Resolved, That The Lutheran Church—Missouri Synod change
the language of Bylaw 2.27 so that the witnesses who have brought
the charges will have to act within 90 days, after being informed
by the District President of his resolution to the charges, to appeal
this decision to the President of the Synod.

South Wisconsin District

7-110

To Request Delay of Action against Congregation

Wuereas, The Gospel is preached in its truth and purity and the
Sacraments administered properly at Palisades Lutheran Church;
and

Whereas, Its shepherd, Pastor Walter H. Mees Jr., has proved
over many years to be a true brother in the faith and a defender of
The Lutheran Church—Missouri Synod’s positions in many cru-
cial matters; and

WHEREAS, The LCMS Commission on Constitutional Matters
has rendered a decision regarding 1998 synodical Res. 7-12 and
dual membership (99-2158) that has met with rejoicing not only by
the members of Palisades Lutheran Church but also by many of
their brothers and sisters in the Pacific Southwest District; and

WHEREAS, The unique relationship between the two congrega-
tions at Pacific Palisades has existed since 1970 and was repeat-
edly blessed by the Pacific Southwest District in convention and in
consultation with responsible synodical officials through the years;
and

WHEREAS, No opportunity to explain the unique history and re-
lationship of these congregations was given to the delegates at the
1998 convention; and

WHEREAS, Any action to sever the relationship of 30 years
would almost certainly jeopardize the continued existence of a
Lutheran congregation in that community; and

WHEREAS, There is an existing precedent in our Synod (namely,
Trinity Lutheran Church, New Haven, MO) in which an exception
continues to be allowed to Bylaw 2.45b (Handbook, p. 33), which
requires that Lutheran Church—Missouri Synod congregations be
served only by ordained or commissioned members of our Synod;
and

Wuereas, 1977 Res. 3-02A states in its first resolve that the
LCMS “would allow pastors and congregations of the Synod to
practice fellowship with the pastors and congregations of the ALC
whom they have found to be in agreement in doctrine and practice
with the position of the LCMS wherever this can be done without
giving offense”; therefore be it

Resolved, That the Pacific Southwest District in convention in
June 2000 praise the Lord that its longstanding unity with Palisades
Lutheran Church has not been broken by convention actions of the
Synod; and be it further

Resolved, That the Pacific Southwest District in convention
earnestly petition the Praesidium of the Synod to hold in abeyance
any action to terminate the membership of Holy Cross Lutheran
Church of the Palisades; and be it further

Resolved, That their unique situation be considered anew by the
Praesidium of the Synod in the interim and by the Synod in con-
vention in 2001 with a full review of the history involved before
any final action is taken; and be it finally

Resolved, That the principle and Spirit set forth in this resolu-
tion apply as well to Immanuel Lutheran Church, Twentynine
Palms, California, our Lutheran high schools, and other institutions
sharing similar circumstances.

Pacific Southwest District

7-111

To Continue to Allow Partnership of LCMS
and ELCA Congregations

WHEREAS, The Commission on Constitutional Matters, LCMS,
has ruled that technically 1998 Res. 7-12 does not apply to the
Lutheran Church of Arcata since the two congregations that are
known as the Lutheran Church of Arcata maintain separate corpo-
rations and separate membership lists; and

WHEREAS, The Praesidium, while feeling constrained to take ac-
tion against the Lutheran Church of Arcata, in a special meeting on
September 16, 2000, did agree to delay any action until after the
congregation had opportunity to appeal its case to the 2001 LCMS
convention; and

Wuereas, After the State of California claimed the LCMS
property by eminent domain in 1971, the Synod Bishop of the ALC
and the LCMS District President encouraged these two small con-
gregations, whose national bodies enjoyed altar and pulpit fellow-
ship at the time, to find a single piece of land and serve this uni-
versity town in rural Northern California together; and

WHEREAS, This ministry has enjoyed the strong support of the
Califomia-Nevada-Hawaii District, including partial funding for an
LCMS-trained layman who serves Humboldt State University; and

Whereas, The ELCA congregation has welcomed the ongoing
pastoral care of LCMS pastors; and

WHEREAS, There is precedent for such an arrangement on the
Island of Guam, where the presiding Bishop of the ELCA and the
President of the LCMS alternate when it comes to providing pas-
toral care for a congregation that serves our Lutheran military per-
sonnel; and

WHEREAS, Dissolution of this mutual ministry of 125 commu-
nicants would not only destroy long-standing relationships bound
together by faith in the Gospel of Jesus Christ, but would also make
survival for two separate ministries questionable at best; therefore
be it

Resolved, That The Lutheran Church—Missouri Synod permit
Our Redeemer Lutheran Church of Arcata, CA, to continue its min-
istry affiliation with Faith Lutheran Church, Arcata, CA, with the
understanding that this partnership known as the Lutheran Church
of Arcata will continue to honor the teachings and practices of The
Lutheran Church—Missouri Synod.

Board of Directors
California-Nevada-Hawaii District

7-112

To Affirm Certain Exceptional Ministries

Rationale

At the founding of the LCMS, the local congregations protected
themselves against the control of the Synod by including Art. VII
in the Synod’s Constitution. At the same time high standards were

2001 Convention Workbook