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LCMS Convention Workbook St. Louis, Missouri — 2004, Page 380

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

380 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Question 5: Bylaw 2.29 e states that in an appeal of restricted
status, “The decision of the hearing panel shall be the decision of
the COP and shall be final with no right of appeal.” After the COP
has failed to hear an appeal of restricted status in a fair and timely
manner and a pastor’s restricted status has been dropped, does fi-
nality also apply to this result?

Opinion: A decision of the Council of Presidents regarding a
particular case of restricted status has bearing only on the restric-
tion in question. The removal or the dropping of a restricted status
has no bearing on future decisions to place that member of the
Synod on restricted status or to commence formal Bylaw 2.27 pro-
ceedings that result in suspended status.

Adopted Jan. 28, 2004

Endnotes

1. The complaint to the District President is a subsequent step to
board of regents review, not an alternative avenue of complaint.
This is confirmed both by the location of Bylaw 6.47, g within that
bylaw and by Bylaw 6.45, b, which provides that the Board of Re-
gents’ decision is final except that Bylaw 6.47, g allows further ap-
peal to the District President.

2. The Commission has been made aware that the BHE/CUS
has offered to facilitate a meeting between representatives of Iowa
District East and Concordia University, Portland to discuss the Dis-
trict’s concerns. This approach is in the best Gospel tradition of our
Lord’s admonition in Matthew 18:15—16 about reconciliation. The
BHE/CUS is to be commended for its concern and interest in as-
sisting in resolving this matter.

3. Any such changes would have to conform to Bylaw 6.47 both
in terms of the factual statements in the “whereas” clauses and the
actions requested in the “resolve” clauses. At the very least, Res. 3-
06 (Ov. 5-11) would require a major overhaul before it would begin

2004 Convention Workbook

to conform to the requirements of the Constitution and Bylaws.
However, the question of whether and how it could be made to so
conform is not before this commission.

4. The Commission recognizes the Rules of Procedure to the
dispute resolution process because they were created as a result of
Resolution 7-03B adopted at the 1995 convention of the Synod.

Commission on Constitutional Matters
October 2, 2002

5. Current Bylaw 1.09 c

6. Current Bylaw 1.09 c

7. Current Bylaw 2.39 c

8. “The term Synod refers collectively to the association of self-
governing Lutheran congregations initially incorporated on July 3,
1894, and presently named The Lutheran Church—Missouri
Synod, and all agencies of the Synod as defined in Bylaw 3.51 a.
Synod, as defined herein, is not a civil-law entity.”

9. “The Synod, in seeking to clarify its witness or to settle doc-
trinal controversy... shall have the right to adopt doctrinal resolu-
tions and statements which are in harmony with Scripture and the
Lutheran Confessions.”

10. “...It is the principal legislative assembly, which amends
the Constitution and Bylaws, considers and takes action on reports
and overtures, and handles appropriate appeals. It establishes gen-
eral synodical positions and policies, provides overall program di-
rection and priorities, and evaluates all such positions, programs,
policies, directions, and priorities in order to provide responsible
service for and on behalf of its members.”

11. “All officers, boards, and commissions shall be account-
able to the Synod for all their actions, and any decision of such of-
ficers, boards, and commissions may be appealed to the national
convention of the Synod.”