LCMS Convention Workbook St. Louis, Missouri — 2004, Page 71

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SYNODICAL REPORTS 71

response to this request and following review by the Synod’s legal
counsel forwarded the statement to the Council of Presidents.

CTCR Response
To Referral of 2001 Overture 3-136
“To Expand Guidelines Re: Pastoral Care Privileged
Communication”

In reviewing Overture 3-136, and the September 1999 report of
the CTCR entitled, “The Pastor-Penitent Relationship: Privileged
Communications,” the CTCR identified the following issues, at
least, as necessary for discussion:

1. In the context of District officials, including the District Presi-
dent, District Vice-President, Circuit Counselor, Ministerial
Health Director, or other official, if the commu-nication takes
place in the context of a “confessional,” or in the context of a
communication with one’s “spiritual advisor,” the communica-
tion is privileged and the guidelines and principles set forth in
the report would apply.

* However, does this mean that the District President or other
District official with whom the communication is shared
cannot use the same to carry out their responsibilities as
ecclesiastical supervisor? What are the implications of the
distinction between the District President or other District
official receiving the communication as pastor, on the one
hand, and as ecclesiastical supervisor, on the other?

2. If the communication is with a District President, Vice-
President, Circuit Counselor, or someone else on the D.P.’s
behalf, as part of an investigation, it may not be privileged.
The information gained from the communication can be used
for discipline purposes within the District and Synod, and, to
the extent appropriate and/or necessary, may be shared with
others in the District and Synod.

3. Communications with a District official for ministerial health
reasons, such as a Director of Ministerial Health, are confiden-
tial and privileged, and should not even be divulged to the
District President (or his representative) or any other District
official, unless the individual consents.

* However, are there possible exceptions to this in
circumstances where the rostered worker involved may be
unqualified for continued ministry or a danger to
himself/herself or others?

The CTCR senses the need to address the various ramifications
of these issues within the context of our District and, for that mat-
ter, Synodical officers. Certainly there are other issues to consider
(e.g., who ultimately determines when a District President is act-
ing in his capacity as “pastor” and when he is acting as “ecclesias-
tical supervisor’). However, the CTCR is of the opinion that the
COP, not the CTCR, is the proper forum in which to do so.

Therefore, the CTCR refers this matter to the COP for its con-
sideration.

Adopted September 2002

(Reviewed by the Synod’s Legal Counsel)

9. Recommendation on Renewal in Missouri (RIM) Discussions

In 1998, the Synod adopted Res. 3-12A “To Request President to
Work Toward Renewing Discussion with RIM and to Bring to Con-
clusion.” This resolution called for the President of the Synod to pro-
vide leadership in “seeking to have these discussions between mem-
bers of the Synod” and RIM, and that “the President of the Synod
report to the next Convention of the Synod regarding the results of
these continuing discussions and bring a recommendation so that a
God-pleasing conclusion may be brought to this matter.” These dis-
cussions did continue and the participants in them agreed to eight sets
of affirmations and rejections. Although Floor Committee 3 prepared

a resolution in 2001, it was not presented to the convention for ac-"

tion. In January 2003, President Kieschnick indicated his desire to fol-

low-up on this matter and to bring it to conclusion. He requested that
the Commission review the final report of the discussions and pre-
pare a recommendation for submission to the 2004 convention. At its
April 2003 meeting the Commission adopted and forwarded to Pres-
ident Kieschnick its recommendation to the 2004 convention (Over-
ture 3-104). At its September 2003 meeting the Commission received
a minority opinion submitted by Dr. Kurt Marquart to this recom-
mendation (appended to the CTCR’s recommendation). The recom-
mendation and minority opinion are available on the CTCR’s web
site at www.lcms.org/ctcr/.

B. Studies in Progress
1. Theological Conferences

In view of the Commission’s bylaw responsibilities to provide
for ongoing theological education through conferences (Bylaw
3.925, b, 5), the President, in November 2001, requested the CTCR,
together with the Council of Presidents, to develop a series of theo-
logical conferences throughout the Synod to facilitate discussion on
topics of current importance such as church and ministry, the proper
relationship between the Synod and its Districts and congregations,
the nature of pastoral authority, and the priesthood of all believers.
A steering committee composed of five representatives of the CTCR
and five members of the COP was formed to develop plans for these
conferences. Following a series of meetings by this Planning Com-
mittee and a sub-committee formed to develop a proposal, the Plan-
ning Committee submitted a detailed plan to the CTCR and COP in
April 2002. The CTCR discussed this plan at its April 2002, meet-
ing and after some suggested revisions unanimously adopted the
proposal. The proposal called for a Model Theological Conference
to be held in Phoenix, AZ, August 5-7, 2002, under the theme
“Conflict, Confession and Unity: Addressing Doctrinal Issues Faith-
fully and Fraternally for the Sake of Christ’s Mission,” to be fol-
lowed by District conferences.

At its September 2002 and December 2003 meetings the Com-
mission received comprehensive reports on both the Model Theo-
logical Conference and subsequent theological conferences held in
the Districts. All 35 Districts of the Synod participated in these fol-
low-up conferences. As of the date of this report, planning is un-
derway for a second series of conferences.

2. Prayer

The President of the Synod in 1986 requested a study of the the-
ology and practice of prayer, noting specifically the importance of
prayer in Christian piety and expressing concern about understand-
ings that seem to equate prayer with the means of grace. The Pres-
ident renewed this assignment in 1996, but due to the press of other
assignments the Commission has not completed this project.

3. Women’s Issues

During the triennium the Commission has continued work on a
number of assignments related to the service of women in the church.
In 1995, the Synod asked “that the CTCR coordinate a comprehensive
study of the scriptural relationship of man and woman, together with
the faculties of both seminaries, making use of other persons who are
competent in the area of theology, including women” (Res. 3-10). In
addition to this assignment, the Commission has also had the follow-
ing assignments on its agenda: questions submitted by the Atlantic
District regarding the meaning of authentein [“to have authority
over’], orders of creation, and the priesthood of believers; the question
of women lectors; dissent from the Synod’s position on women suf-
frage submitted originally by 31 pastors (see Item D.2 below); and
the referral of two Michigan District overtures (2-05 “To Affirm the
Current Practice of Allowing Congregations to Decide the Role of
Women in Congregational Life” and 2-06 “To Affirm the Current
Practice of Allowing Congregations to Decide the Role of Laity in

2004 Convention Workbook