LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 11, 2002, Page 3

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Any party to whom the matter is presented and who is required to thoroughly investigate
whether the allegations can be substantiated. Such party would be, unless disqualified, the
President of the Synod or a District President or the Praesidium of the Synod, as the case may
be
The respondent (Bylaw 8.03)
The Secretary of the Synod who forms a Dispute Resolution Panel
Members of the Dispute Resolution Panel
Members of the Appeal Panel
Members of the Review Panel

The word "publicity" as used in the bylaw is defined in Webster's New World Dictionary as "any
information or action that brings a person, cause, etc. to public notice." Use of the press or other means by
a party involved in the matter to bring to the attention of the public information regarding the matter or to
advocate a position is “publicity” and is prohibited by the bylaw if it occurs while a matter in dispute is
still undecided or while an appeal is contemplated or pending.
QUESTION 2: Since the process described in Bylaw 2.27 f may include a formal presentation of
the complaint to the Dispute Resolution Panel, does Bylaw 8.21 e also apply to all
parties and synodical officials when a complaint is filed according to Bylaw 2.27?
Response: When a complaint is filed according to Bylaw 2.27, the matter is "in dispute" and therefore
Bylaw 8.21 e is applicable. Whether any "synodical officials" are "any of the parties involved" depends
upon what position a synodical official has to the matter in dispute. If all of the parties involved in the
matter adhere to Bylaw 8.21 e, there should be no public knowledge that the matter is in dispute.
QUESTION 3: Does the Constitution or its Bylaws describe explicitly or implicitly any consequences for failing to abide by Bylaw 8.21 e?
Response: There is no specific provision in the Constitution or Bylaws that deals with a failure to abide
by Bylaw 8.21 e. However, individual membership in the Synod is obtained by the procedures set forth in
Bylaw 2.07 c, which is authorized by Article VI 7 of the Constitution of the Synod. In addition, Bylaw
1.05 d provides that individual members commit themselves as members of the Synod to act in
accordance with the synodical Constitution and Bylaws under which they have agreed to live and work
together.
Article XIII of the Constitution provides that members who persist in an offensive conduct shall, after
previous futile admonition, be expelled from the Synod by following such procedures as set forth in the
Bylaws of the Synod. Whether a violation of Bylaw 8.21 e is a violation of Article XIII depends upon the
facts of a given situation.
QUESTION 4: If a synodical employee who has the responsibility for official communications—
through (a) the Synod's official printed media (e.g. The Lutheran Witness, the
Reporter), (b) the public press, or (c) an electronic medium such as e-mail—
publicizes the issues of a matter in dispute which is still undecided or while an
appeal is being contemplated (either by his own volition or at the behest of a
superior synodical officer or board), shall that synodical employee be held
accountable for such action?
Response: The director of the Synod's news and information services is appointed by and responsible to
the Board for Communication Services (Bylaw 12.03). The Board for Communication Services has the
responsibility for the official periodicals of the Synod (Bylaws 3.813 c and 12.01 c). Staff (which includes

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