LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 1, 2001, Page 6

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Question 2:

Bylaw 8.21 b calls on members and agencies of Synod to participate in reconciliation
efforts. If a person does not participate, does the reconciler have power to act upon
that refusal? What, if any, action or actions can be taken in such a matter?

Opinion: Bylaw 8.21 b requires that “any member of the Synod, officer of a congregation, or officer of
any organization owned or controlled by the Synod shall, when called upon by the Dispute Resolution
Panel or Review Panel to do so, testify or produce records related to the dispute.” In doing so, it speaks
specifically to dispute resolution panels and does not include the preceding reconciliation process per se.
Bylaw 8.07 e, however, does provide also to reconcilers the authority to obtain the participation of
persons who have a contribution to make to a reconciliation effort: “The reconciler may draw upon
persons and resources which the reconciler deems necessary to assist in the reconciliation process.”
Failure or refusal to participate on the part of members of the Synod, officers of a congregation, or an
officer of any organization owned or controlled by the Synod falls short of the stated intent and spirit of
the dispute resolution process to be “the exclusive and final remedy for those who are in dispute”
(Chapter VIII Preamble, paragraph 2), a ministry of reconciliation that is “one of the church’s foremost
priorities” (Preamble, paragraph 4). In the interest of this process and “for the sake of the Gospel, the
church should spare no resource in providing assistance” (Preamble, paragraph 1). Failure on the part of
members or officers of the Synod or its organizations would also be a failure of membership
responsibility in the Synod, whose “Constitution, Bylaws, and all other rules and regulations…apply to all
congregational and individual members of the Synod” (Bylaw 2.39 a).
Question 3:

Is there any understanding among us that circumstances are placed on hold while a
dispute is in the process of being reconciled or resolved? What if a distribution of
funds and/or a monetary reward are at issue? May one party take action during the
process that makes a recovery of funds unlikely or impossible?

Opinion: There is no bylaw that deals with this issue directly. The Commission notes, however, that
Bylaw 8.01, by prohibiting termination of membership in the Synod in order to render the provisions of
the dispute resolution process inapplicable, speaks indirectly to this issue. In addition, the 1995
convention of the Synod directed that Rules of Procedure be developed to enhance the operation of the
Dispute Resolution Process. Rule 45, “Decisions,” reads in part:
b. The panel may award any remedy or relief that it deems scriptural, just, and equitable,
and within the scope of the issues defined by the panel, including, but not limited by the
remedies requested by the parties. Any monetary award in a decision should clearly set
forth the party that is obligated to pay such monetary award and the manner in which it is
to be paid.
In the event that a congregation is a party to the dispute, Rule 6, “Congregation’s Right of SelfGovernment,” provides:
The congregation’s right to self-government shall be recognized. However, when a
decision of a congregation is at issue, a Dispute Resolution Panel may review the
decision of the congregation according to Holy Scriptures and shall either uphold the
action of the congregation or advise the congregation to review and revise its decision. If
the congregation does not revise its decision, the other congregations of the Synod shall
not be required to respect this decision, and the District involved shall take action with
respect to the congregation as it may deem appropriate.

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