LCMS Convention Proceedings St. Louis, Missouri — 2007, Page 72

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72

REPORT OF THE PRESIDENT

The resolution of this lawsuit was made possible by the
recognition by all involved of the need to approach the task
as fellow Christians intent upon resolving the matter for the
good of the Synod and its proclamation of the Gospel. The
parties to this matter support the agreements that have been
made and the measures that will be taken to satisfy the concerns that have been raised. They have pledged to work together to effect the terms of the agreement.
Some have questioned the wisdom of the following portion
of the agreement dismissing the lawsuit: “In the interest of
peace and harmony in the Synod, neither the plaintiffs nor
the defendants will request of the other or of the Court payment of their attorneys’ fees and costs associated with the
lawsuit.” This matter was discussed at length, both during
conversations between plaintiffs and Board of Directors members and also in the Board of Directors itself.
Many members of the Board felt strongly that the Synod
should seek reimbursement of these fees from the plaintiffs
who initiated the lawsuit. Vice-President Diekelman and I
were among them. Yet as the conversations continued, two
factors emerged that led to the Board’s decision not to seek
reimbursement. One factor was the possibility that if the case
were to go to court, a judge or jury could make a decision forcing the Synod to pay plaintiff’s legal fees. The second factor
was the difficulty in collecting legal fees from approximately
80 pastors and/or congregations, even were the court to instruct the plaintiffs to reimburse the Synod’s legal costs.
Many of the plaintiffs were retired pastors, living on modest,
fixed incomes. A few plaintiffs had even died after agreeing
to file the lawsuit. Collecting legal fees from their widows
and/or children was not a viable option. So the decision was
made, as the statement says, because doing so seemed to be
“in the interest of peace and harmony in the Synod.”
Of significance in this case is the work of the Commission
on Constitutional Matters in reply to questions submitted to
the Commission regarding the appropriateness or lack
thereof of members of the Synod filing a lawsuit against other
members of the Synod. Following are excerpts from the minutes of the Nov. 28–29, 2005, meeting of the Commission:
109. Proper Dissent and Dispute by Members of the
Synod (05-2444)
Question 1: Is it in harmony with the Constitution and
Bylaws (1.3, 1.4.1, 1.7, 1.8, 1.10, 3.1.1, and
3.1.6.2) of the Synod for any member of the
Synod or any group within the Synod as an
avenue or form of dissent or dispute to engage
in promoting non-compliance with the resolutions of the Synod and making charges
against the Synod, the President, and others
of the Synod by use of lawsuits, publications,
letters, or meetings and conferences that are
not in keeping with the polity of the Synod as
set forth in the Constitution and Bylaws?
Opinion: No. Every member of the Synod (individual and
congregation) joins the Synod voluntarily and in doing so
agrees to relate to, live, and serve together with one another (“walk together”) in harmony with the Constitution
and Bylaws…
2007 Convention Proceedings

In their agreement to live and work together in harmony
(in harmony with the Constitution and Bylaws) the members
of the Synod, when and where disputes exist, are required,
subject to limited exceptions, to use the avenue provided by
the Synod to settle disputes, as set forth in Bylaw section
1.10, “Dispute Resolution of the Synod,” which in part states:
The Holy Scriptures (1 Cor. 6:1–7) urge Christians to settle
their differences by laying them before the “members of the
brotherhood.” Therefore, the Synod in the spirit of 1 Corinthians 6 calls upon all parties to a disagreement, accusation, controversy, or disciplinary action to rely exclusively and fully on
the Synod’s system of reconciliation and conflict resolution.
The use of the Synod’s conflict resolution procedures shall be
the exclusive and final remedy for those who are in dispute.
Fitness for ministry and other theological matters must be determined within the church. Parties are urged, in matters of a
doctrinal nature, to follow the procedures as outlined in Bylaw
section 1.8. (Bylaw 1.10.1.1)

Therefore, all members of the Synod are required to resolve all matters of dissent or all disputes by the avenues and
structures available to them as set forth in the Constitution
and Bylaws of the Synod without resorting to secular courts
and without resorting to avenues, means, structures, or communications that are foreign or contrary to the synodical
agreements and which are not in harmony with the polity of
the Synod.
Question 5: Is it in harmony with the Constitution and
above Bylaws of the Synod for any member of
the Synod to engage in dissenting (or promoting non-compliance) against the Synod by use
of a lawsuit, when such members have not
used the avenues of dissent as set forth in
Bylaw 1.8 of the Synod?
Opinion: No. A lawsuit is not a legitimate avenue of dissent. In the agreement to live and work together, a member of
the Synod is required to follow the avenue of dissent as set
forth in Bylaw section 1.8, including honoring and upholding
the resolutions of the Synod. While a lawsuit may be an appropriate process in which to resolve a dispute in the secular
world, members of the Synod are governed by Bylaw section
1.8 as the required, exclusive, and agreed-to avenue of dissent and Bylaw section 1.10 as the required, exclusive, and
agreed-to method of dispute resolution.
Question 6: Is it in harmony with the Constitution and
above Bylaws of the Synod for any member of
the Synod to engage in dispute against the
President of the Synod or the Synod itself by
use of a lawsuit, when such members have
not used the avenue of dispute as set forth in
Bylaw 1.10 of the Synod?
Opinion: No. In the agreement to live and work together, a
member of the Synod is required to rely exclusively and fully
on the Synod’s system of reconciliation and conflict resolution.
Unless the dispute is one concerning property rights or contract arrangements under Bylaw 1.10.3 (a) or (b), such suit
would be a gross violation of the process of Bylaw section 1.10
and the covenants which bind members together in the
Synod. The use of the Synod’s conflict resolution procedures is
the exclusive and final remedy for those who are in dispute
(Bylaw section 1.10).