LCMS Convention Workbook St. Louis, Missouri — 2013, Page 334

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334

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
definitions for “new church starts,” “satellite worship sites,” and
“specialized ministries”; and

investigation, any meeting is to carry out the purposes as set forth
in these Bylaws.

Whereas, Congregations today continue to expand the kingdom
of God through the establishment of new church starts, satellite worship sites, and specialized ministries; and

Your attention is also directed to the provisions of Article XII 7
of the Constitution, which provides:

Whereas, Congregations on occasion have established such
avenues for outreach across district lines without consulting with
the geographical district or the local congregations where they have
begun the new work; and
Whereas, Failure to do so can cause strained relations and impact work that is being planned for that area by local congregations
or the geographical district; and
Whereas, The Synod places a high regard on geographical district boundaries, evidenced by Constitution Art. XII 1, 6, 7, & 12 and
Bylaw 4.1.1.4; therefore be it
Resolved, That congregations interested in expanding their Gospel outreach into an area that crosses district lines be encouraged to
discuss their intent first with their own district officials, followed
by the appropriate district officials and the local congregations impacted by such work; and be it further
Resolved, That any such expansion of Gospel outreach across
district lines shall require the concurrence of both the president of
the receiving geographical district and the board or committee responsible for mission in that district; and be it finally
Resolved, That the ecclesiastical supervision of a new church
start, satellite worship site, or any ministry established by a congregation in another district shall be decided by the affected district
presidents.

8. See, for example, Opinion 04-2387:
Question Regarding the Relationship of the Circuit Counselor to
Member Congregations (04-2387)
In an e-mail sent April 30, 2004, an ordained member of the
Synod submitted a question regarding the Circuit Counselor’s relation to member congregations.
Question:	Since the Bylaw [5.13 j] [2010 Bylaw 5.2.3.1(c)]
envisions only visits with “congregation[s],” is it
appropriate for the Circuit Counselor to meet with
a dissident faction within a congregation to receive
accusations against other members or the pastor of
the congregation, and does meeting with a dissident faction within a congregation constitute such
“extraordinary circumstances” that it is permissible
for a Circuit Counselor to schedule such a meeting
without prior consultation with the president or other
officers of the congregation (much less the pastor),
much less without ‘inviting’ them to be present to
answer accusations against them?
Opinion: One of the functions of a District President is to inquire
into the prevailing spiritual conditions of the congregations of his
District and he may call upon the Circuit Counselor to assist him
(Bylaw 4.73) [2010 Bylaw 4.4.5(b)]. Bylaw 4.75 [2010 Bylaw 4.4.6]
states that a District President, even without a formal request therefor, may through the proper channels arrange for an (a) official visit
or (b) investigation when a controversy arises in a congregation or
when there is evidence of a continuing unresolved problem in doctrine or practice in order that the District President “may have a clear
understanding of the situation.” The same bylaw further recognizes
that a District President may authorize another person (such as the
Circuit Counselor) to represent him in the matter. The Bylaws do
not define the term “proper channels” and thus the procedure to be
used in the investigation is chosen by the District President or his
representative and does not necessarily require the initial contact
or meeting to be with any particular person or group. In such an

2013 Convention Workbook

7. The District Presidents shall, moreover, especially exercise supervision over the doctrine, life, and administration of office of
the ordained and commissioned ministers of their District and acquaint themselves with the religious conditions of the congregations of their District. To this end they shall visit and, according
as they deem it necessary, hold investigations in the congregations. Their assistants in this work are the Circuit Counselors,
who therefore shall regularly make their reports to the District
President.

9. Opinion 10-2581, Question 2 includes the following discussion:
The specific issue of internal disputes in a congregation is an area
expressly dealt with in the Synod’s covenants of walking together.
The Synod and its individual congregations have recognized that the
civil courts, using “neutral principles of law” analyses, are unable
to resolve internal disputes on doctrinal grounds, and that neither a
pure “congregational” nor pure “hierarchical” Synod structure exists. The Synod and its member congregations have attempted over
the years to provide mechanisms to resolve such internal disputes in
a God-pleasing manner. Attached to this opinion is a copy of 1983
convention Resolution 5-10A and the commentary published by action of the convention regarding the resolution. The two provisions
of that resolution most applicable here are as follows:
Resolved, That the Synod acknowledges that under the definition and application of the word “hierarchical” in civil law
there are aspects in the relationships within the Synod between
and among congregations (e.g., Article II, Confession; the calling of certified and endorsed pastors only; agreements to abide
by adjudicatory procedures and their final determinations) which
under civil law may imply, express, or evidence what the courts
regard as hierarchical dimensions; And be it further
Resolved, That, believing that Scripture (1 Cor. 6) requires
that we make every effort to avoid disputes or to resolve them
internally when they do arise, of the two constitutional methods
for resolving church disputes by the civil courts, the Synod favors the “neutral principles of law” method whenever it can be
applied, and that when neutral principles cannot be applied to
resolve a particular controversy, the Synod declares that it is able
and willing to resolve disputes internally.

It is in this context that the authority of a district president to investigate internal congregational disputes under Bylaw 4.4.6 quoted
above must be understood. A congregation may in advance provide
its own chosen method of resolving internal disputes, thereby limiting
the authority of the district president to that of advice, admonishment,
and, if necessary, discipline. But where it has chosen not to do so,
its agreement as a member of the Synod is that such dispute will be
resolved using the Synod’s own processes, especially as to disputes in
the areas of Article II Confession, the calling of certified and endorsed
pastors only, and agreements to abide by adjudicatory procedures
and their final determinations. The dispute resolution processes of
the Synod include that described in Bylaw 4.4.6 and the involvement of the district president as provided in this bylaw. As part of his
ecclesiastical supervision, he may study, counsel, and advise how a
dispute should be settled consistent with the Constitution, Bylaws,
and resolutions of the Synod, thereby settling the dispute or conflict
by presenting, interpreting, and applying the collective will of the
Synod’s congregations.