LCMS Convention Proceedings St. Louis, Missouri — 2016, Page 229

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Therefore be it

(3) a district or an organization owned and controlled
by (2) corporate Synod or an agency of the Synod,;
(4) persons involved in (3) members of congregations
challenging the procedure used in their excommunications,; or (54) lay members of congregations of
the Synod holding elected or appointed to positions
with the Synod itself or with districts and other organizations owned and controlled by the Synod LCMS
Board of Directors or an agency of the Synod. It shall
be …

Resolved, That Bylaw 2.14.2 be amended as follows:
PRESENT/PROPOSED WORDING
2.14.2

The definitions of terms used in this bylaw are as follows:
(a) Accused: The party named by the accuser as
being in violation of Constitution Art. XIII and
under the procedural ecclesiastical supervision
of Bylaw sections 2.14–2.17.
(b) Accuser: The party who accuses a member
under the provisions of Constitution Art. XIII
through the process of Bylaw sections 2.14–2.17.
(c) Appeal Panel: Three district presidents
selected according to these bylaws to determine
whether the decision of a Hearing Panel should
be reconsidered or reviewed.
(cd) …
__________

1.10.5

Before any matter is submitted to the formal reconciliation process, the parties involved in a dispute must
meet together, face-to-face, in a good-faith attempt to
settle their dispute in the manner described in Matt.
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
must meet and consult with his/her the appropriate
ecclesiastical supervisor 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 and
3.10.5.6.4.2. In regard to this consultation: …

1.10.6

If any party to the dispute is of the opinion that informal reconciliation efforts have failed, such party, in
consultation with his/her/its the appropriate 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. Such request shall be accompanied by: …

B. ­To Clarify Bylaw 1.10.2 re Availability of Dispute
Resolution Process
Rationale
The Synod strongly values its process for dispute resolution and
requires that disputes between eligible parties be adjudicated
using the process outlined in Bylaw section 1.10. Over the course
of time, certain wording of current Bylaw 1.10.2 has been identified as potentially causing confusion regarding who is eligible to
use the process.
The bylaw includes “persons involved in excommunication” among
parties for whom the Synod’s conflict resolution procedures are
designed. However, the only other mention of cases involving
excommunication in Bylaw section 1.10, Bylaw 1.10.10.2, which
identifies four situations in which district reconcilers may be
used, speaks of “procedural questions involved in excommunication cases.” The current wording of Bylaw 1.10.2 often leads
parties involved in excommunication to have unrealistic expectations, including the expectation that the process will deal with the
issues which led to the excommunication rather than only addressing procedural questions.
In addition, because the persons involved may be lay persons who
are not under “ecclesiastical supervision” as defined in Bylaw 1.2.1
(i), they have no ecclesiastical supervisor to consult with as directed
by Bylaws 1.10.5 and 1.10.6. The following simple changes will help
to provide clarity on both counts.
Therefore be it
Resolved, That Bylaws 1.10.2, 1.10.5, and 1.10.6 be amended as
follows:
PRESENT/PROPOSED WORDING
1.10.2

This procedure is established to resolve, in a
God-pleasing manner, disputes that involve as parties, (1) members of the Synod,; (2) the Synod itself,

“12. Ecclesiastical Supervision and Dispute Resolution”

__________
C. To Update Bylaws re Appointment
and Replacement of District Reconcilers
Rationale
Current Bylaws 1.10.10 and 1.10.10.1 contain requirements for the
appointment and replacement of district reconcilers that are no
longer reasonable or practicable. These bylaws will better and more
accurately read as proposed.
Therefore be it
Resolved, That Bylaws 1.10.10 and 1.10.10.1 be amended as follows:
PRESENT/PROPOSED WORDING
1.10.10

Within three months after conventions of the Synod,
eEach district board of directors shall appoint
and maintain a district roster of four reconcilers
(ministers of religion—ordained, ministers of religion—commissioned, and laypersons), no more
than two of whom shall be ordained ministers of
religion—ordained, from a list supplied by the circuit visitors of the district. The Synod shall provide
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