LCMS Convention Proceedings St. Louis, Missouri — 2013, Page 192

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from the district in which the dispute arose or any
district of any party to the dispute. No two panel
members shall be from the same district. If more
names remain than are needed, the final selection
shall be made by blind draw.
(d) In the event that additional names are needed,
three names shall again be selected in the manner
set forth above, which names shall be submitted to
each party, with the right to strike one name before
returning the list to the Secretary of the Synod within
one week.
(K) Requests for CCM/CTCR Opinions
(Bylaw 1.10.18.1 [h])

been received by the parties. Any opinion received
from the Commission on Theology and Church Relations and the Commission on Constitutional Matters
must be followed by the Dispute Resolution Panel or
Review Panel.
Action: Adopted (9)
(After brief discussion, Res. 7-12A was adopted as presented [Yes: 706;
No: 46].)

To Address Handbook Issues re Bylaws
Pertaining to District

Rationale

RESOLUTION 7-13

In order to keep a dispute resolution process moving forward,
it is important that time requirements be honored throughout
the process, including the 30-day requirement for the provision
of Commission on Constitutional Matters and Commission on
Theology and Church Relations opinions requested by Dispute
Resolution or Review Panels. To underscore the need for these
commissions to make such arrangements as are necessary to fulfill this requirement, the Commission on Handbook advocates the
following bylaw change.
PRESENT/PROPOSED WORDING
1.10.18.1 (h) If any part of the dispute involves a specific question of doctrine or doctrinal application, each party
shall have the right to an opinion from the Commission on Theology and Church Relations. If it involves
questions of constitution or bylaw interpretation,
each party shall have the right to an interpretation
from the Commission on Constitutional Matters.
The request for an opinion must be made through
the Dispute Resolution Panel or Review Panel, which
shall determine the wording of the question(s).
The request for an opinion must be made within four
weeks of the final formation of the Dispute Resolution Panel or Review Panel. If a party does not request
such an opinion within the designated time, such a
request may still be made to the Dispute Resolution
Panel or Review Panel that shall, at its discretion,
determine whether the request shall be forwarded.
The Dispute Resolution Panel or Review Panel shall
also have the right, at any time, to request an opinion
from the Commission on Theology and Church Relations or the Commission on Constitutional Matters.
The Commission on Constitutional Matters and the
Commission on Theology and Church Relations shall
have in place a procedure for responding within this
30-day time frame to such requests for opinions.
Any opinion so requested shall be rendered within
30 days or such greater time as the Dispute Resolution Panel may allow. When an opinion has been
requested, the time limitations governing the dispute
resolution process will not apply until the opinion has
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2 0 1 3 C o n v e n t io n P r o c e e d i n g s

Overture 7-21 (CW, pp. 263–265)
Background
During the triennium, concerns related to bylaws governing district operations were brought to the attention of the Commission
on Handbook. This overture identifies those concerns and advocates bylaw amendment solutions proposed by the commission for
adoption by the 2013 convention of The Lutheran Church—Missouri Synod.
(A) Circuit Counselor Nominations and Elections
(Bylaw 5.2.3.2)
Rationale
The chairman of the Commission on Handbook requested
input from the Council of Presidents regarding the current circuit
counselor nominations and elections process and reported that
the Council apparently is happy with the current bylaw process,
including its provision of an opportunity to select circuit counselors from outside the circuit. After discussion of Bylaw 5.2.3.2 (a)
and its reference to “fellow pastors,” the commission advocates a
minor change to delete the word “fellow” to make clear that a circuit counselor may be selected from outside the circuit, as follows.
PRESENT/PROPOSED WORDING
5.2.3.2

The circuit counselor shall serve the pastors of the
circuit as a collegial and brotherly adviser, reminding them of the joy of the ministry and of its great
responsibilities.
(a) He shall encourage the fellow pastors of the circuit in their preaching and teaching, in the exercise
of church discipline in an evangelical manner, and in
the proper supervision of Christian education and
training in the parish.
(b) He shall encourage, in a brotherly manner, the
pastors of the circuit in their spiritual and family life.
(c) He shall encourage the pastors of the circuit to
continue both formal and informal continuing professional education.

R e s olu t i on s