LCMS Convention Workbook St. Louis, Missouri — 2007, Page 262

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262 SYNOD STRUCTURE AND GOVERANCE

the Synod’s confessional belief that “where the sin is so public that
the judge and the whole world are aware of it, you can without sin
testify publicly” (Large Catechism I 284), but rather seeks to es-
tablish a brotherly, charitable procedure in the process of filing
charges for the possible suspension or removal of one from mem-
bership in the Synod within an ecclesiastical supervision and dis-
pute resolution framework of governance consistent with the
Synod’s goals of protecting its workers and supportive of the value
of presumption of innocence until or unless proved otherwise; and

WHEREAS, Gal. 6:1-3 is the governing directive in dealing with
members when charges are being considered, 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, and the procedures
adopted in 2004 Res. 8-01A are consistent with such basic biblical
principles of Christian love and charity; therefore be it

Resolved, That the 2007 LCMS convention affirm 2004 Res. 8-
O1A, and the ecclesiastical supervision and dispute resolution pro-
cedures it established as consistent with the biblical and confes-
sional principles of the Synod; and be it further

Resolved, That the members of the Synod be encouraged to fol-
low the law of Christian love in all matters involving dispute and
discord; and be it finally

Resolved, That the Council of Presidents be charged with mon-
itoring the procedures whereby the objectives of the Synod con-
cerning evangelical supervision and protection of its workers are
being maintained and ensure that the evangelical supervision and
dispute resolution procedures of the Synod are conducted in a man-
ner worthy of the name of Christ.

Trinity
Roselle, IL

8-14

To Affirm Process for Dispute
Resolution and Expulsion

WuereaS, Former Bylaw 2.27 and Chapter 8, in existence since
1992, have included requiring Matthew 18:15 as procedure when
addressing expulsion from membership in the Synod and dispute
resolution (2004 convention Minutes, p. 42); and

WHEREAS, The specific expulsion provisions and dispute resolu-
tion provisions set in place by the 2004 Synod convention do not in
any way prohibit dealing with public sin and admonition in other sit-
uations and according to the explanation of the Eighth Command-
ment in the Large Catechism (2004 convention Minutes, p. 42); and

WHEREAS, The provisions passed by the 2004 Synod conven-
tion known as Res. 8-01A allow for the first time a process for the
removal from office of the Synod President other than by the
Synod meeting in convention; and

WHEREAS, The inclusion of “face-to-face” meetings (Matt.
18:15-17) have been a blessing to the dispute process and expul-
sion from membership and encourages that face-to-face, brotherly
and evangelical procedures be used when expulsion from member-
ship is the issue and when dispute resolution is involved (2004 con-
vention Minutes, p. 42); and

WHEREAS, Since the implementation of 8-01A, the number of
charges brought against pastors and congregations in the LCMS
has declined significantly, allowing the church to focus time and
resources on its mission; therefore be it

Resolved, That the 2007 convention of The Lutheran Church—
Missouri Synod affirm the dispute resolution and expulsion from
membership process adopted by the 2004 convention; and be it fur-
ther

Resolved, That we thank God for the institution of a more bibli-
cal process for dispute resolution; and be it finally

Resolved, That the 2007 LCMS convention affirms our current
process for dispute resolution and expulsion from membership.

Lord of Life
Chesterfield, MO

8-15

To Review Ecclesiastical Supervision
and Dispute Resolution

WHEREAS, In 2004 Res. 8-O1A, the Synod adopted new proce-
dures for ecclesiastical supervision and dispute resolution; and

WHEREAS, These newly adopted bylaws have created uncer-
tainty in the church, such as, ecclesiastical supervision, matters of
public sin, and the composition of hearing panels; and

WHEREAS, The CTCR has recently approved a study document,
Public Rebuke of Public Sin, which will be published and distrib-
uted to all LCMS congregations, pastors, and church workers in
the near future; therefore be it

Resolved, That the Rocky Mountain District encourage its con-
gregations, clergy and laity, and circuits to study the CTCR docu-
ment, Public Rebuke of Public Sin; and be it further

Resolved, That the Rocky Mountain District memorialize the
Synod at its 2007 convention to assign the Commission on Struc-
ture to review ecclesiastical supervision and dispute resolution and
report to the Synod.

Rocky Mountain District

8-16

To Revise Dispute Resolution Process

WHEREAS, For any dispute resolution process to be judged as
acceptable by a constituency, it is necessary for it to be perceived
as fair and impartial; and

WHEREAS, Under the current Bylaw sections 2.14, 2.15, and
2.17, the Hearing Panel which makes a decision for or against the
accused member who is facing expulsion from membership in
Synod is drawn from the pool of 35 district presidents, who are the
close associates of the district president who has suspended the ac-
cused member, and who is also at the hearing presenting the case
for expulsion against the accused member; and

WHEREAS, Even though the district presidents involved might
make every effort to be fair and impartial, the very fact that the dis-
trict presidents are part of a closed group that meets regularly sev-
eral times a year for several days at a time, means that it is ex-
tremely unlikely that this process will be perceived as fair and
impartial by the accused member or by the constituency of the
Synod in general; and

WHEREAS, There are distinctly different issues involved in cases
of disputes that arise among members of the Synod, as covered
under section 1.10 of the Bylaws, and cases involving expulsion
from membership in Synod, as covered under sections 2.14, 2.15,
2.16, and 2.17 of the Bylaws, which makes it appropriate to follow
a different process for reaching a verdict; and

WHEREAS, The hearing facilitators have been identified during
the course of the training of the Synod’s reconcilers as having spe-
cial skills in the conduct of fair and impartial hearings and would
become a suitable pool from which to draw Hearing Panel mem-
bers under Bylaw sections 2.14, 2.15, and 2.17; and

WHEREAS, Cases under Bylaw sections 2.14, 2.15, and 2.17
focus on the issue of fitness for continued membership in Synod,
making it helpful for a noninvolved district president to be the non-
voting chairman of the Hearing Panels under Bylaw sections 2.14,
2.15, and 2.17; therefore be it

Resolved, That the 2006 Southern Illinois District convention
memorialize the 2007 LCMS convention to make the following
changes to the Synod Bylaws:

PRESENT/PROPOSED WORDING
1.10.4

(h) Hearing facilitator: One selected according 10 these By-
laws and trained to serve as a facilitator for hearings before pan-