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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 20-21, 2003, Page 17

Source: The Lutheran Church—Missouri Synod (files.lcms.org)

Transcription machine transcription, uncorrected

The Preamble to Chapter VIII of the Bylaws does provide, however, that “when disputes, disagreements,
or offenses arise among members of the body of Christ, it is a matter of grave concern for the whole
church (paragraph 1). It encourages that “individuals, congregations, and various entities and agencies
within the Synod….proceed with one another with ‘the same attitude that was in Christ Jesus’ (Phil.
2:5).” Bylaw 8.01, by providing that “this procedure is established to resolve, in a God-pleasing manner,
disputes that involve as parties, members of the Synod” as well as its entities, includes also the President
of the Synod “whether the dispute involves only a difference of opinion without personal animosity or is
one which involves ill will and sin which requires repentance and forgiveness.”
Therefore, while the President of the Synod is not subject to implementation of Chapter VIII of the
Bylaws when complaints are filed against him that pertain to the exercise of his rights, powers, and duties
of ecclesiastical or doctrinal supervision (Art. XI B and Bylaw 3.101), he like every other member of the
Synod is subject to implementation of Chapter VIII when other “disputes, disagreements, or offenses arise
among members of the body of Christ” (Preamble, paragraph 1). Care should be taken in its
administration that the dispute resolution process is not used to harass or hamper anyone in the carrying
out of his or her duties.
128. Review of North Dakota District Proposed Bylaw Changes (02-2326)
The Secretary of the North Dakota District in a November 12, 2002 e-mail letter submitted to the
Secretary of the Synod the bylaw changes to be proposed to the North Dakota District convention. The
proposed changes were forwarded to the Commission for its review.
The Commission offers the following suggestions and recommendations to the North Dakota District:
§

The election of a member of the Synod’s Committee for Convention Nominations (Synod Bylaw
3.980) at alternate conventions of the District is not mentioned in any of the District bylaws
pertaining to elections (e.g., 2.03). While not necessary, since this is covered by the Bylaws of the
Synod, you may wish to include it in your elections information.

Bylaw 2.02, which designates who the “officers” of the District are, includes positions that are
not usually considered officer positions.

Bylaw 2.88 F (Duties of Executive Director): The Commission questions whether the use of
terminology ordinarily reserved for the District President (“oversee” in paragraph a; “supervise”
in paragraph c) is the best choice of words.

In a number of the recommended bylaws, the reference to “pastors” is unclear as to whether
parish pastors are being referred to or whether the positions are open to any minister of religion—
ordained (e.g. Bylaws 5.01, 6.01, 7.01, 8.01).

In Bylaw 5.05 1, the proper reference to the Synod is to include the article “The,” i.e., “The
Lutheran Church—Missouri Synod.”

The reference in Bylaw 5.05 3 to “lay ministers” is without definition. This terminology is used
variously in the Synod and is unclear without further definition.

The omission of mention of other church workers in Bylaw 6.05 1 seems to leave an important
group out of consideration.