LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 20, 2002, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
May 20, 2002

33. Call to Order
Chairman Walter Tesch called the conference call meeting to order, with all members of the Commission
participating. Norman Sincebaugh provided an opening prayer.
34. Request for an Opinion re Role of Bylaw 8.05 in Bylaw 2.27 Process (02-2267)
A party to a dispute, in a May 13, 2002 letter, requested an opinion regarding the role of Bylaw 8.05 in a
dispute process initiated according to Bylaw 2.27.
Question:

“Is it not incumbent upon any party complaining against another party under the Constitution
and Bylaws of The Lutheran Church—Missouri Synod, to follow specifically the provision of
Bylaw 8.05 before filing any charge?”

Opinion: The Preamble to Chapter VIII of the Bylaws states that the words of Jesus in Matthew 18:15-20
grant guidance to all Christians in seeking to settle disputes and that the steps of Matthew 18 should be
applied lovingly in both formal and informal settings. It goes on to say that the parties and others
attempting to effect resolution of a dispute must always remain mindful that the church has been given the
“ministry of reconciliation” and that conflict resolution in the church is to lead to reconciliation.
Bylaw 8.05 provides as follows: “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
(Matt. 18:15).” It should be noted that this bylaw relates to a complaint commenced under Chapter VIII of
the Bylaws where there are specific provisions for informal and formal reconciliation efforts before a
matter can be presented to a dispute resolution panel. However, the matter in question was commenced
under Bylaw 2.27 that sets forth the following steps:
1. The written complaint is presented to the President.
2. The President thoroughly investigates whether the charges can be substantiated.
3. As part of that investigation and because a dispute has arisen among members of the body of
Christ, the President is to follow the guidelines for dispute resolution as set forth in Matthew
18:15-16.
4. As part of that investigation, the President may appoint a small committee to assist him in his
efforts to reconcile the parties.
5. The President reaches a decision as to whether or not the charges in the complaint can be
substantiated and thus lead to the expulsion of the member from the Synod.
Because the goal of all Christians should first be reconciliation, it is incumbent upon those within the
church to always follow Matthew 18.
Thus in those matters commenced under Bylaw 2.27, Matthew 18 is part of the process during the
investigative actions of the President, whereas in those matters which would not lead to the expulsion of a