LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 2, 2002, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
October 2, 2002

60. Call to Order
Chairman Walter Tesch called the conference call meeting to order and noted that all members of the
Commission were present. He asked Secretary Raymond Hartwig to open the meeting with a prayer.
61. Actions by Parties During Dispute Resolution Process (02-2308)
The Secretary of the Synod, as administrator of the Synod’s dispute resolution process, has requested
clarification of the status of a disputed situation while the dispute resolution process has not been
completed. His question arises from a congregation’s action to terminate its pastor’s call on the basis of a
decision by a Dispute Resolution Panel while the appeal process was still underway.
Question:

“When the formal dispute resolution process of Chapter VIII of the Bylaws of the Synod has
begun, are related matters placed on hold until reconciliation or a final decision is reached?”

Opinion: By accepting membership in the Synod, members have committed to be governed by the
Constitution and Bylaws of the Synod, including the use of the dispute resolution process outlined in
Chapter VIII of the Bylaws. Members have agreed that they will be bound by the process even to the
extent that “no person or entity to whom or to which the provisions of this chapter are applicable because
such person, entity or agency is a member of the Synod may render the provisions of this chapter
inapplicable by terminating that membership” (Bylaw 8.01).
In cases in which a pastor has challenged the termination of his call and has initiated the dispute
resolution process under Chapter VIII, the pastor and the congregation, both being members of the Synod,
are committed to resolving that dispute according to the process provided for in the Bylaws. While Bylaw
8.11 recognizes the congregation’s right of self-government, which includes the discharge of a pastor, it
also includes the expectation that the congregation will honor and act upon the decision of a Dispute
Resolution Panel, which is final only after all opportunities for request for review have been exhausted.
Were a congregation to act upon a decision of a Dispute Resolution Panel prior to the completion of the
appeal process, and were an Appeal Panel to grant reconsideration of that decision by a Review Panel,
and were the Review Panel to arrive at a different final decision, confusion would result due to the
congregation’s action on the basis of the earlier decision. Congregations therefore are advised to place on
hold matters related to the underlying dispute and to defer any actions that might prevent the effective
implementation of the final decision from the dispute resolution process.
62. Relationship of BHE/CUS Board and Boards of Regents (02-2270)
The Executive Director of the BHE/CUS Board, in a May 22, 2002 memorandum, raised a series of
questions for clarification of “the meaning and limits of authority of the BHE/CUS Board as the
‘governing board’ of higher education,” especially as it relates to boards of regents of the colleges and
universities of the Synod. He noted that the question is crucial, given that this relationship “will determine
the future of accreditation for Synod’s institutions of higher education.” After discussion of a draft
response, the Commission agreed to postpone a final decision until its next meeting.