LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 18

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President was made aware of the decision of the investigating officer under 2.27 c in violation of the ban
on publicity in Bylaw 8.21 e and opinions of the Commission on Constitutional Matters. In such
situations, the Commission ruled, the President may invoke the provisions of Article XI B. Thus, if the
Bylaws and the opinions of this Commission relative to "publicity" were followed by all parties, there
never would be a situation where the President would have knowledge of the decision of the investigating
officer before the decision is rendered by the Dispute Resolution Panel and, therefore, any opinion on
what is to happen if the ban on publicity is violated would never be necessary. It is in this context that the
Commission used the word "moot."
As concluded in opinion 02-2282, the President may invoke the provisions of Article XI B of the
Constitution relative to a decision rendered by an investigating officer under Bylaw 2.27 c if he becomes
aware of such decision prior to the time the Dispute Resolution Panel renders its decision.
Question 5:

The opinion of the CCM states that "...the president would normally be expected not to
choose to actively intervene until that process was concluded." The process referred to is
the dispute resolution process. Do the words, "normally choose" mean that the President
has freedom to choose to intervene at any time, should he so wish, and that Article XI of
the Constitution and Bylaw 3.101 give him this option? According to this opinion, do the
words, "until that process has concluded," mean that the President may exercise his
freedom of choice to ask the Dispute Resolution Panel or the Dispute Review Panel to
reverse their decision, because he considers it not to be in accord with his understanding of
the Constitution, Bylaws, doctrinal position of the Synod, or a resolution adopted by the
Synod in convention? If the President may do so, how does this affect the meaning of
Bylaw 8.09 e that the decision of the Review Panel ". . .shall be binding and not be subject
to further review"?

Opinion: Article XI B of the Constitution states that the President has the supervision regarding the
doctrine and administration of (a) All officers of the Synod; (b) All such as are employed by the Synod;
(c)The individual Districts of the Synod; (d) All District Presidents. It further states that it is the
President's duty to see to it that all the aforementioned 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. Bylaw 3.101 gives the President the right to call up for review any action by an individual
officer, executive, or agency which in his view, may be in violation of the Constitution, Bylaws and
resolutions of the Synod.
The investigating officer under Bylaw 2.27 c is one of the individuals over whom the President has the
supervision regarding their doctrine and administration under Article XI B and one of those whose actions
he may call up for review under Bylaw 3.101. The members of a Dispute Resolution Panel or a Review
Panel when performing their duties as panel members are not acting as officers of the Synod, employees
of the Synod, District Presidents or an executive. They are panel members and as such are beyond the
authority of the President under Article XI B. However, Bylaw 8.09 d does provide that the President may
request a decision regarding a reconsideration if a question of doctrine or practice is involved in the
decision of the Dispute Resolution Panel.
Question 6:

In light of the opinion 02-2282, which gives the President authority to call for a Review
Panel to reverse its decision, does this give the Synod assembled in convention the
authority to call up for review any decision of a Dispute Resolution Panel, or Review Panel,
since the authority of the Synod is above the authority of the President? Or is the Synod
under the authority of the President in this matter, even when assembled in convention?

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