LCMS Convention Workbook St. Louis, Missouri — 2013, Page 260

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

260

Structure and Ecclesiastical Matters

bylaw amendment solutions proposed by the commission to the 2013
convention of The Lutheran Church—Missouri Synod for adoption.

(A) Exceptional Use of Synod Dispute Resolution
Process
(Bylaw 1.10.3)
Rationale
Bylaw 1.10.3 identifies matters for which the Synod’s dispute
resolution process “does not provide an exclusive remedy.” Lost in
the current wording of the bylaw is the availability of the dispute
resolution process even in the case of those disputes enumerated by
paragraphs (a) and (b) of the bylaw if both parties agree to use and
honor the outcome of the process. The Commission on Handbook
proposes the addition of a final sentence to the paragraph, as follows.
PRESENT/PROPOSED WORDING
1.10.3 This chapter provides evangelical procedures to remedy disputes only and does not set forth procedures for expulsion from membership (Constitution, Art. XIII and Bylaw sections 2.14–2.17); nor
does it set forth procedures for board of regents’ supervision of faculty
and administration as specified in Bylaws 3.10.4.7.5–3.10.4.7.9 and
3.10.5.6.5–3.10.5.6.9. While Christians are encouraged to seek to resolve all their disputes without resorting to secular courts, this chapter
does not provide an exclusive remedy for the following matters, unless
such matters involve theological, doctrinal, or ecclesiastical issues, including those arising under the divine call of a member of the Synod:
(a) Disputes concerning property rights (e.g., real estate agreements,
mortgages, fraud, or embezzlement)
(b) Disputes arising under contractual arrangements of all kinds (e.g.,
contracts for goods, services, or employment benefits)
Even in the case of disputes concerning property rights or disputes arising under contractual arrangements, this dispute resolution process may
be used if both parties sign written statements agreeing to use and honor
the outcome of the process.

(B) Dispute Cases with Multiple Complainants
or Respondents (Bylaw 1.10.5)
Rationale
In some dispute resolution cases, multiple complainants may bring
accusations against a single respondent or a single complainant may
bring accusations against multiple respondents. The spirit of the
Matthew 18 principle requiring a face-to-face meeting “between you
and him alone” is best served when disputes are addressed by individuals meeting face-to-face. The Commission on Handbook therefore
proposes the addition of a sentence to Bylaw 1.10.5, as follows.
PRESENT/PROPOSED WORDING
1.10.5 Before any matter is submitted to the formal reconciliation
process, the parties involved in a dispute must meet together, faceto-face, in a good-faith attempt to settle their dispute in the manner
described in Matthew 18:15 and may involve the informal use of a reconciler. And further, before any matter is submitted to the formal reconciliation process, the complainant(s) must meet and consult with his
or /her/their ecclesiastical supervisor(s) to seek advice and also so that
it can be determined whether this is the appropriate bylaw procedure
(Bylaw section 1.10) or whether the matter falls under Bylaw sections
1.8, 2.14, 2.15, 2.16, or 2.17, or Bylaws 3.10.4.7.9 andor 3.10.5.6.9. In
regard to this consultation:
(a) From this point forward in this process, in the case of multiple complainants or multiple respondents, each complainant and/or respondent shall proceed singly and individually.

2013 Convention Workbook

(ab) The district president of the complainant shall inform the district
president of the respondent that a consultation is underway. He may
also seek advice from the vice-presidents of his own district or from
the district president of the respondent. The district president may
also ask for an opinion of the Commission on Constitutional Matters
(CCM) and/or the Commission on Theology and Church Relations
(CTCR). The district president must follow any opinion received
from either the CCM or the CTCR, which shall be rendered within
30 days or such additional time as the district president may allow.
(bc) The district president shall require the complainant to follow the
correct bylaw provision under the circumstance, if any, and shall
provide evangelical supervision, counsel, and care to the party or
parties.
(cd) If Bylaw section 1.10 applies, the district president shall require the
complainant to meet face-to-face with the respondent in the manner
described in Matthew 18:15, if the complainant has not already done
so as set forth above.
(e) The reputation of all parties is to be protected as commanded in
the Eighth Commandment. The goal throughout is always one of
reconciliation, of repentance and forgiveness, even if the following
proceedings are carried out.
Formal Efforts toward Reconciliation
1.10.6 If either any party to the dispute is of the opinion that informal reconciliation efforts have failed, such party, in consultation with
his or/her/its ecclesiastical supervisor, shall submit a request to the administrator of the dispute resolution process, the secretary of the Synod
or district, or an appointee, as appropriate, that a reconciler be appointed
to assist in seeking reconciliation. …

(C) Content of Reconcilers’ Reports
(Bylaw 1.10.6.5)
Rationale
Current Bylaw 1.10.6.5, while it does currently list the components of the report of a reconciler in a dispute case, will benefit from
an expansion of its content to clarify expectations regarding the content of a reconciler’s report. The Commission on Handbook proposes
the following changes to the bylaw.
PRESENT/PROPOSED WORDING
1.10.6.5 Upon conclusion of the formal reconciliation meeting or
meetings, the reconciler shall prepare a written report which contains
(1) the actions of the reconciler,;
(2) the issues that were resolved,;
(3) the issues that remain unresolved,;
(4) anda statement whether reconciliation was achieved.;
(5) Attached to the report shall be (a)the statement of the
complainant as to informal reconciliation efforts;
(b6) the statement of the matter in dispute; and
(c7) any reply by the respondent.
All communication that takes place during the reconciliation process
shall be considered strictly confidential, including all oral and written
communications of the parties. The report, therefore, shall not contain
any such No information,shared in confidence shall be included in the
report. nor shall it contain any opinion of the reconciler regarding the
dispute. The report and the attachments shall be forwardedprovided only
to the parties to the dispute and the secretary of the Synod or district as
appropriate.