LCMS Convention Workbook St. Louis, Missouri — 2007, Page 272

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272 SYNOD STRUCTURE AND GOVERANCE

WHEREAS, Prior to 1992, the Commission of Adjudication and
the Commission of Appeals were elected by the Synod convention
in a process deemed to be biblical and impartial, and now “recon-
cilers” are appointed; and

WHEREAS, There is no guarantee that the Dispute Resolution
Panels will include pastors, in spite of the Augsburg Confession
XXVIII 21 which says that the jurisdiction to judge doctrine and
to reject doctrines contrary to the Gospel belongs to the Office of
the Ministry by divine right; and

WHEREAS, Some officials, clergy, and others strenuously oppose
going back to the former adjudication procedure, lest they be subject
to scriptural rebuke for their sinful actions (i.e., worshiping with non-
Christians, engaging in unionistic activities with heterodox church
bodies, allowing women to preach at worship services, etc.); and

WHEREAS, Recent events, and the subsequent division and law-
suits that continue to tear apart our Synod and cost thousands of
dollars, all bear. testimony to the need to restore the former adjudi-
cation process with its checks and balances which will! facilitate
bringing about peace to our Synod; therefore be it

Resolved, That the 2007 synodical convention restore the for-
mer adjudication process as found in the 1989 Handbook.

Salem
Taylorsville, NC

8-31

To Require Consideration of CCM-related
Overtures and Resolutions

WHEREAS, The CCM exists to interpret the Constitution, By-
laws, and resolutions of the Synod and ensure that the governing
instruments of the Synod and its agencies are in accord with the
Constitution and Bylaws of the Synod (Bylaw 3.9.2); and

WHEREAS, An opinion rendered by the Commission shall be
binding on the question decided unless and until it is overruled by a
convention of the Synod (Bylaw 3.9.2.2 [b]); and

Wuereas, A CCM opinion remains binding if a convention of
the Synod does not address it; and

WuereaS, There is currently no requirement that overtures or
resolutions submitted regarding CCM opinions be given time for
consideration by a convention of Synod, thus allowing an opinion
to remain binding without any consideration by a convention of
Synod; and

WHEREAS, Amendments to the Bylaws are the responsibility
of only the conventions of the Synod (Bylaws 7.1.1 and 7.1.2);
therefore be it

Resolved, That Iowa District West memorialize the Synod that
any overtures submitted to a convention of Synod regarding opin-
ions rendered by the CCM must be given time for consideration by
the convention of Synod, and may not be removed from the docket
when such overtures are submitted by a circuit forum, an official
district conference of ordained and/or commissioned ministers, the
Board of Directors of the Synod, a district board of directors, or a
district convention; and be it further

Resolved, That any CCM opinion properly requested for con-
sideration that receives no time for consideration by the conven-
tion of Synod be declared null and void upon the adjournment of
that convention of Synod.

Iowa District West; Immanuel, Cedar Lake, WI;
Immanuel, Frederic, WI; Holy Cross, Albany, OR; St.
James, Bothell/Mill Creek, WA; Grace, Lexington, MO;
Faith In Christ, Portales, NM

8-32

To Develop Method for Review of CCM Opinions

WHEREAS, The Synod’s Handbook states in Bylaw 3.9.2.2 (b)
that an opinion of the CCM is binding “unless and until it is over-
ruled by a convention of the Synod”; and

WHEREAS, The review of CCM opinions by the Synod in con-
vention has proven impossible due to time constraints and the lo-
gistical problems; therefore be it

Resolved, That the Missouri District in convention request the
Synod’s Commission on Structure begin to study possible solutions
to logistical and time concerns currently making a review of CCM
opinions impossible; and be it further

Resolved, That the Missouri District in convention memorial-
ize the 2007 Synod convention to mandate that the Commission on
Structure develop a method by which opinions of the CCM may be
presented to the Synod in convention for review; and be it further

Resolved, That the Commission on Structure be charged with
proposing any bylaw changes that their proposed solution may re-
quire; and be it finally

Resolved, That the Commission on Structure present the new
method of review and the necessary bylaw changes to the 2010
Synod convention.

Missouri District

8-33

To Provide for Convention Attention to CCM Opinions

Wuereas, “The Commission on Constitutional Matters exists
to interpret the Constitution, Bylaws, and resolutions of the Synod
and ensure that the governing instruments of the Synod and its
agencies are in accord with the Constitution and Bylaws of the
Synod” (Handbook 3.9.2); and

WHEREAS, “An opinion rendered by the commission shall be
binding on the question decided unless and until it is overruled by a
convention of the Synod” (3.9.2.2); and

WHEREAS, A CCM opinion remains binding if a convention of
Synod does not address it; and

Wuereas, Although changes to the Bylaws of the Synod re-
quire action by the Synod in convention (7.1.1 and 7.1.2), CCM
opinions by their nature may occasionally affect the meaning of the
Bylaws; and

WHEREAS, There is currently no requirement that any opinion
of the CCM be ratified by the Synod in convention, thus allowing
contested CCM opinions to remain binding, even if they have not
been considered by the convention; and

WHEREAS, The Synod in convention only needs to consider a
CCM opinion if that opinion has been challenged in an overture or
resolution, or if that opinion is issued after the deadline for submit-
ting overtures; therefore be it

Resolved, That when a CCM opinion is challenged in any over-
ture properly submitted to a convention (see Bylaws 3.1.6 and
3.1.6.2), that CCM opinion remains binding after that convention
only if the CCM opinion is upheld by a majority vote of the con-
vention; and be it further

Resolved, That when a CCM opinion is challenged in any reso-
lution that has been prepared by a convention floor committee or in
any resolution that has been properly moved by a convention dele-
gate and seconded, that CCM opinion remains binding after that
convention only if the CCM opinion is upheld by a majority vote of
the convention; and be it further

Resolved, That when a CCM opinion is issued or published less
than twenty-two weeks prior to the opening date of the convention,
that CCM opinion remains binding after that convention only if the
CCM opinion is upheld by a majority vote of the convention, with
the understanding that several or all such CCM opinions could be
considered by the convention in a single resolution; and be it fur-
ther

Resolved, That when a CCM opinion is issued and published
more than twenty-two weeks prior to the opening date of the con-
vention and is not addressed in any overture or resolution to an
LCMS convention, that opinion remains binding unless or until a
convention overturns it; and be it further