LCMS Convention Workbook St. Louis, Missouri — 2004, Page 293

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION 293

whom we cannot exclude or punish, we cannot for chaff’s sake
give up the wheat or forsake the flock of Christ.”

Dr. C. F. W. Walther: “To introduce at once a thorough disci-
pline in a new and uninstructed congregation would not accord
with the spirit of our church. Here the preacher must be guided by
the maxim, “That which serves the well-being of the people is the
supreme law’. To wish to compel a congregation to the practice of
a right discipline, before giving them thorough instruction con-
cerning it, would be to wish to reap before the seed is sown. And
would it not be a great foolishness rather to imperil a congregation,
rather to put it in danger of losing the gospel, then to neglect that
which, while not essential, pertains only to its well-being?”

The following Scripture is applicable: 2 Tim. 2:24—25; 2 Thess.
3:15; Matt. 12:19-21.

therefore be it

Resolved, That the 2003 Montana District convention memori-
alize the 2004 Synod convention to use this document as a guide
for dealing with the filing of charges and discipline.

Montana District

8-05

To Change Synod Bylaw 2.27 Procedures

WHEREAS, Recent experience with the application of Synod’s
Bylaw 2.27 has proven to be disappointing as well as a public em-
barrassment to the Church; and

WHEREAS, Ministries have been hurt and those who serve in
those ministries harmed; and

WHEREAS, Bylaw 2.27 has proven that it enables a process to
unfold that circumvents the clear biblical mandates of Matt. 18 in
dealing with disputes and disagreements; therefore be it

Resolved, That the Pacific Southwest District in convention
memorialize Synod at its 2004 convention to refer Bylaw 2.27 back
to the Council of Presidents for study and recommendation; and be
it further

Resolved, That until such time as Bylaw 2.27 is rewritten or re-
pealed, that all parties within Synod commit themselves not just to
the letter of Matthew 18 but the spirit of what is revealed in Scrip-
ture regarding disputes and disagreements within the Body of
Christ.

Pacific Southwest District

8-06

To Modify Bylaw 2.27 a

WHEREAS, The Constitution of The Lutheran Church—Missouri
Synod defines the existence of The Lutheran Church—Missouri
Synod, its Confessions, objectives, powers, membership, etc.; and

WHEREAS, The Bylaws of The Lutheran Church—Missouri
Synod define relationships within and through the Synod, mem-
bership, synodical and District-organization, Circuits and confer-
ences, etc.; and

WHEREAS, Bylaw 2.27, “Commencing an action to Terminate
Congregational! or Individual Membership,” defines the process
which could lead to the expulsion of a member of Synod; and

WHEREAS, Paragraph 2.27 a reads, “When, either by a written
complaint of any person or by his own personal knowledge, facts
which could lead to the expulsion of a member from the Synod
under Article XIII of the Constitution are made known to the Dis-
trict President who has ecclesiastical supervision of such member,
the District President shall
1. thoroughly investigate whether the allegations can be substanti-

ated....”; and

WHEREAS, The words “any person” in this paragraph provide
opportunity for a non-member of Synod or even a non-Christian to
file “a written complaint” against a member of Synod; and

WHEREAS, This written complaint effects the District President
to “thoroughly investigate whether the allegations can be substan-
tiated” (Bylaw 2.27 a 1); and

WHEREAS, Bylaw 2.25 a states, “When formal proceedings have
been commenced against a member of the Synod (individual or
congregation), under the procedure set forth in Bylaw 2.27, which
may lead to expulsion from the Synod under Article XIII of the
Constitution, the member shal] have suspended status. If such
member was on restricted status at the commencement of formal
proceedings, the restricted status shall become suspended status”;
and

WHEREAS, This policy allows someone outside of the Synod,
with or without just cause, the power to submit a written document
bringing charges against a member of the Synod and in so doing
deleteriously affect the life or lives of members of the Synod, by
potentially subjecting him/her/it to unnecessary and unwarranted
stress and duress; and

WHEREAS, This creates the effect of being guilty until being
found innocent (if that be the case); therefore be it

Resolved, That the Texas District in convention memorialize the
Synod to change the wording of Bylaw 2.27 a to delete the words
“any person” and be replaced with the words, “a member of Synod
or a member in good standing of a congregation of Synod”; and be
it further

Resolved, That the Texas District in convention recommends
that the LCMS in its next triennial convention adopt this change
with these two additional points of agreement:

1. This resolution does not address the issue of a member of the
Synod bringing false charges against another member of the
Synod, but it does address the issue of a non-member of the
Synod egregiously or otherwise bringing charges against a mem-
ber of the Synod. .

2. It also may be the case that a non-member of the Synod may be
aware of some behavior of a member of the Synod that if known
by the District President would lead to restricted or suspended
status. If this information is brought to the attention of the Dis-
trict President, the phrase “or by his own personal knowledge”
would allow him to take action.

Texas District

8-07

To Revise Bylaw 2.27 Procedures

WHEREAS, The provisions of Bylaw 2.27 have in recent years
been used to bring charges against pastors, professors, District
Presidents, and others; and

WHEREAS, This has resulted in individuals, congregations, Dis-
tricts, and synodical servants having their ministries hampered and
even destroyed as a result of both the (false and groundless)
charges and the unjust provisions of the current Constitution and
Bylaw provisions dealing with charges, dispute resolution, and ter-
mination of membership; and

WHEREAS, This has caused untold expenditure of time, energy,
and financial resources, all of which have had to be diverted from
constructive and productive ministry; and

WHEREAS, One principle for Christian ethics and the considera-
tion of doing justice in the New Testament is consistently that
Christians should live in a better way than the secular society
around them; and

WHEREAS, Even the laws of our country provide for presump-
tion of innocence, the end of a charge when a ruling/verdict of in-
nocence has been made, penalties for those who bring frivolous and
bogus charges, recourse for those who have been injured to be
compensated for their losses as a result of frivolous suits, etc.,
while none of these things is provided for by our present synodical
process; and

WHEREAS, Resolution 7-19, “To Have Council of Presidents
Discuss and Report on Bylaw 2.27,” was overwhelmingly adopted