LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 15-17, 2002, Page 11

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to it that they act in accordance with the Synod’s Constitution, to admonish all who in any
way depart from it, and, if such admonition is not heeded, to report such cases to the Synod.
This duty, as well as the power to advise, admonish, and reprove, is tempered by the
provisions of Article XIII and the bylaws that flow from it.
25. Question re Continued Participation in Dispute Process (02-2261)
In a letter dated February 25, 2002, a pastor of the Synod requests clarification regarding the continued
participation of a person who has withdrawn, has been recused or dismissed, or has in any other way
discontinued participation in the process governed by Bylaw 2.27 and Chapter VIII of the Bylaws.
Question:

“May any member of Synod who has been officially involved in a formal complaint or
dispute (as clarified in CCM ruling #01-2243) be free to give publicity to the issues of
matters involved in that complaint or dispute before the matter itself has been concluded as
specified in Bylaw 8.21 e if that member has withdrawn, been recused, dismissed, or in any
other way discontinued his participation in that complaint or dispute?

Opinion: In its April 1975 opinion, Ag. 809, 809 –A and –D, the Commission on Constitutional Matters
responded to questions in a then-current dispute case. To one of those questions from a board of control
of a seminary which had forwarded to its District President the charges that had been brought against a
member of its faculty, “In what way does the Board’s role in the remaining procedures make it a ‘party of
the proceeding’ (Bylaw 5.31, j),” the Commission responded: “The Board of Control has been involved in
the proceedings and therefore comes under the phrase ‘any party’ in the bylaw.” Consistent with this
previous opinion, the Commission therefore rules that any of the parties involved in a dispute, as that term
is defined in opinion 01-2243, remains a party involved until final resolution of the dispute, regardless of
whether such a party has withdrawn, been recused, dismissed, or in any way discontinued participation in
the dispute.
26. Challenge of Secretary’s Decision in Dispute Resolution Process (02-2262)
In a March 22, 2002 letter, the President of the Synod forwarded a concern addressed to him by a pastor
of the Synod who is involved in a dispute resolution process, challenging a decision by the Secretary of
the Synod as administrator of the process. The matter in question: a decision by the Secretary to allow the
process to continue despite the pastor’s contention that a request for a reconsideration of a dispute panel’s
decision by the other party in the dispute was not filed in timely fashion. The Commission responds to
issues raised by the challenge to the Secretary’s decision. The Secretary of the Synod did not participate
in the discussion or decision.
Question 1: Bylaw 8.09 d states: “Within 30 days after receiving the decision of the Dispute Resolution
Panel, any party to the dispute…may request a decision regarding a reconsideration. …Such
request for a reconsideration shall be mailed to the Secretary of the Synod, each member of
the Dispute Resolution Panel, and the other parties to the dispute, and shall be accompanied
by a written memorandum stating the basis for the request.” When does the 30 day period
commence?
Opinion: For the complainant and the respondent, the 30 day period commences for each on the day such
party to the dispute receives a written copy of the decision of the Dispute Resolution Panel.
Question 2: In what form must a party to the dispute transmit their request for a reconsideration?

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