LCMS Convention Workbook St. Louis, Missouri — 2004, Page 26

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26 SYNODICAL REPORTS

Lutheran Church—Missouri Synod to address them and propose
solutions for problems which existed. Those appointed were Dr.
John Brunner, President of the Easter District and Chairman of
the Committee of the Council of Presidents (appointed as a result of
the adoption of Resolution 7-19 of the 2001 convention); Rev. Phil
Esala, also attorney and member of the Board of Managers of
Worker Benefit Plans; Dr. Walter Rosin, former Secretary of the
Synod; and Dr. Wilbert Sohns, member of the Commission on
Constitutional Matters and former President of the Wyoming Dis-
trict. Rev. Jon Braunersreuther, Assistant to the President was ap-
pointed to serve as staff liaison to the Task Force. In his appoint-
ment letter the President noted that under present Bylaws
ecclesiastical supervision and Dispute Resolution intersect at a
number of points in Chapters II, VI, and VIII, and that these inter-
sections “‘experientially have resulted in confusion, consternation,
conflict, and even collisions.”

Objectives

The objectives of the Task Force were outlined as follows:

1. Carefully consider and offer proposed amendments to the
specific procedures involved in both the process of
ecclesiastical supervision and that of dispute resolution.

2. Carefully review the relationship between ecclesiastical
supervision and dispute resolution as delineated in Chapters II,
VI and VII of the 2001 Handbook and offer proposed
amendments that have as their goal the clarification and
coordination of the two processes, particularly at their points of
intersection. Specific attention shall be given to Bylaws 2.23,
2.25, 2.27, 2.29, 6.47 and the entirety of Chapter VIII.

3. Carefully coordinate the work of the task force with the LCMS
Council of Presidents which has been tasked by Resolution 7-
19 of the 2001 convention “To . . . Discuss and Report on
Bylaw 2.27 g” and with the Commission On Structure.

4. Prepare a report and recommendations of Bylaw amendments
ar 7004 convention of the Synod, in accord with Bylaw

19 al.

In its initial telephone conference meeting Dr. John Brunner
was chosen as Chairman of the Task Force with Dr. Walter Rosin
serving as Secretary.

During the first face-to-face meeting of the task force members
it was determined that the group would seek information and views
from persons who had been involved in issues of ecclesiastical su-
pervision and dispute resolution in the past as well as the present.
Consequently, the task force requested and received responses in
person or in writing from former synodical Presidents Dr. Ralph
Bohlmann and Dr. Robert Kuhn; Synod Secretary, Dr. Raymond
Hartwig; Dr. Wm. Meyer, Executive Director of the Board for
Higher Education and President of the Concordia University Sys-
tem; Dr. Albert Marcis, Member of the Commission on Constitu-
tional Matters and chairman of the group which had developed the
Dispute Resolution Process, and author of the Council of Presidents
response to the 2001 convention resolution. Also invited to respond
were Dr. Wallace Schulz, Dr. David Benke, Dr. Lowell Schorr
(Chairman of the Commission on Structure) and Mr. Walter Tesch
(Chairman of the Commission on Constitutional Matters), and the
legal counsel of the Synod.

The task force also reviewed resolutions adopted by 2003 Dis-
trict conventions related to the issues involved in the assignment
which had been given to it, all Opinions of the Commission on
Constitutional Matters related to Dispute Resolution and Ecclesi-
astical Supervision, C. F. W. Walther’s essay to the 1879 Iowa Dis-
trict convention (Duties of an Evangelical Lutheran Synod), The
Episcopal Dimensions of Partners in Holy Ministry (Council of
Presidents, 1988) and various documents on ecclesiastical supervi-
sion in the LCMS.

Following the presentations and review of the documents re-
ceived, the task force identified those issues it felt needed to be ad-
dressed.

2004 Convention Workbook

Core Values

The task force identified a number of “Core Values” which it
felt must be kept in mind in the review of any present Bylaws and
procedures as well as any revisions which would be proposed. In-
cluded among these were the following:

1. The guidelines found in Matthew 18 are to govern with
respect to matters of dispute and to charges which may be
brought against members of the Synod. An offended person
must notify the person perceived to have given offense about
the problem and state that he/she is initiating the procedures
of Matthew 18. Face-to-face meetings are an absolute must
when charges are brought against a member of the Synod by
another member. These guidelines governing charges against
an individual are also reflected in 1 Timothy 5:10 ff. which
note that an accusation against an elder should not be
entertained unless it is brought by two or three witnesses and
that those who sin are to be rebuked publicly so that others
may take warning.

2. A member of the Synod is to be presumed innocent unless
proved otherwise when charges are brought against the
member. Article III 8 and 9 of the Constitution of the Synod,
calling for evangelical] supervision, counsel, and care for
church workers and protection for congregations, pastors,
teachers, and other church workers in the performance of their
official duties and the maintenance of their rights is of vital
importance.

3. Being proactive rather than reactive in dealing with members
is to be the position taken by all involved when charges are
being considered. Galatians 6:1-3 is the governing directive
as it requires that when a member is overtaken in a sin every
effort should be made to restore that member in a spirit of
gentleness.

4. The Synod has identified those who are responsible for the
ecclesiastical supervision of its members. Those to whom it
has not been given should not assume the responsibility of
ecclesiastical supervision.

5. Action to resolve issues should be taken on a timely basis.
Delay in seeking to resolve issues should not be tolerated.

6. Where possible, without jeopardizing the integrity of the
process, simplification should be promoted.

7. The impartiality of the processes for dispute resolution
(Chapter VIII) and expulsion of membership (Chapter II)
should be upheld and promoted.

8. Charges are not to be filed against a member until the initial
steps outlined in Matthew 18 have been taken.

9. The public that is aware of a sin is not to be expanded by
improper publicity. '

10. When charges are proved to be false, every effort must be
made to repair and/or restore the reputation of the accused if it
has been damaged.

Conceptual Assumptions of Bylaw Change Recommendations
Regarding Supervision, Expulsion of Membership,
and Dispute Resolution

A. Ecclesiastical Supervision Principles.

1. A valued element of our polity since the Synod’s inception has
been evangelical supervision (Constitution Article III 8). Its
value should be protected and promoted so that ecclesiastical
supervisors can better counsel and care for those whom they
have been elected and given the duty to supervise. Therefore,
the Synod adheres to and practices the ecclesiastical
supervision process established by the Synod (i.e., those
elected to supervise are to supervise; those not elected to
supervise are not to supervise).

2. Define ecclesiastical supervision and promote its positive
(Gospel) use and not merely its negative (Law) use.

3. Ecclesiastical supervisors not only regularly supervise
members of Synod, they also should best know (and can be
trained to best know) when cases should be brought under the
various Bylaws of Chapters II, VI, and VIII. Therefore,
ecclesiastical supervisors should be consulted as to which
procedure is appropriate to use when one over whom they