LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 20, 2002, Page 2

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after completion of the work of the Dispute Resolution Panel, when he is expressly required to be
apprized. If the investigating officer has failed to follow his responsibilities under Bylaw 2.27 c, or erred
in his interpretation of the doctrines of the church, the Constitution, Bylaws and resolutions of the Synod,
the appeal process is designed to discover and correct such failures or errors, and the President’s need to
call up the action of the investigating officer for review or the need to report by a pastoral letter such
calling up for review would be moot.
If the investigating officer under Bylaw 2.27 commits a procedural error, primary responsibility for
correction of that error is vested in the Secretary of the Synod, who is to administer the Synod’s dispute
resolution process under Bylaw 3.143 o.
Were the President of the Synod to become aware, before announcement of a decision of the Dispute
Resolution Panel under 8.09 c 4 d, that an investigating officer has misstated a doctrinal position of the
church or acted in violation of the Constitution, Bylaws, or resolutions of the Synod, a President of the
Synod has responsibility to act. Article XI B 1-4 of the Constitution sets forth his duties. Subsection 1
imposes on him duties regarding the supervision of the doctrine of the church and administration of all
officers of the Synod. Subsection 2 requires that he see to it that all act in accordance with the Synod’s
Constitution and admonish all who depart from it. Subsection 3 provides that “the President has and
always shall have the power to advise, admonish, and reprove. He shall conscientiously use all means at
his command to promote and maintain unity of doctrine and practice in all the Districts of the Synod.”
Subsection 4 requires that the President see to it that the resolutions of the Synod are carried out.
In fulfilling his duties, the President would normally be expected to rely on the provisions of Chapter VIII
of the Bylaws to correct errors occurring during the dispute resolution process. This is particularly so in
view of the responsibilities given others under Article XIII, and the bylaws flowing from that article. We
previously recognized in CCM Opinion 02-2251 that the President’s duty and power “to advise,
admonish, and reprove is tempered by the provisions of Article XIII and the bylaws that flow from it.”
Recognizing the procedural protections embodied in the dispute resolution process, including the initial
review by a Dispute Resolution Panel, and subsequent appeal to an Appeal Panel, which may then form a
Review Panel, the President would normally be expected to choose not to actively intervene until that
process has concluded. Following the initial decision of the Dispute Resolution Panel, he may also, under
Bylaw 8.09 d, where a question of doctrine or practice is involved, request at that time either
reconsideration, or an opinion of either the CCM or the CTCR.
Under extraordinary circumstances, such as when an issue is of synod-wide concern and having an
immediate and ongoing negative impact on the Synod, the President may choose to exercise his discretion
in fulfilling his duties under Article XI. The President’s right and/or responsibility to call up for review an
action of an investigation officer carrying out the responsibilities of Bylaw 2.27 c flows from his
constitutional responsibilities and powers. Similarly, his right and/or responsibility to report to the Synod
via pastoral letter flows from his constitutional responsibilities and powers under Article XI.
It should be noted that, since the Secretary of the Synod submitted the question, he has not participated in
the discussions leading to this opinion. Dr. Norman Sincebaugh was hospitalized and unable to
participate in deliberations, and was taken to his eternal rest while this question was being considered.
56. Adjournment
The above opinion was the only matter addressed by the Commission.

Raymond L. Hartwig, Secretary
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