LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 8, 2003, Page 5

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Upon review of the overtures, the Commission recommends that attention be given to the following:
•

Under Memorial #1, which advocates changes to District Bylaw 2.36, the proposed wording no
longer allows advisory members to submit overtures to District conventions but it continues to
grant such privilege to “voting members.” Synod Bylaw 3.19 a 2 is specific regarding which
members may submit overtures. It allows only “member congregations” to submit overtures and
not individual voting members. This should be clarified in the bylaw change that is being
proposed.

•

Under Memorial #5, the description of the responsibility of the District Bylaw Committee to
interpret the Constitution, Bylaws, and resolutions of the District is incorrect. The opinions of this
committee would also be subject to the approval of the Synod’s Commission on Constitutional
Matters.

140. Implications of District Membership for Board of Directors Membership (02-2323)
A District President in a December 21, 2002 letter asked a series of questions regarding the consequences
of a member of the Board of Directors of the Synod changing District membership to a District in which
another member of the Board already resides. After discussion of proposed draft materials, the
Commission decided to delay a decision until a new draft can be prepared.
141. Use of Bylaws Chapter VIII to Challenge Board of Regents Decision (03-2324A)
In a February 3, 2003 letter, the member of the Synod who previously submitted Question 03-2324
submitted a subsequent request for clarification.
Question:

The member of Synod who previously submitted question 03-2324 indicates that, following
the decision of the Board of Regents to dismiss a complaint against a non-commissioned
professor, the complainant wishes to invoke Chapter VIII of the Bylaws to address what he
describes as a dispute with the Board of Regents as to their action in dismissing the
complaint. The member asked whether Chapter VIII of the Bylaws may be used to address
such a dispute with the Board of Regents itself.

Opinion: As indicated in the Preamble and Bylaw 8.01, Chapter VIII was established to resolve, in a God
pleasing manner, disputes that involve as parties members of the Synod, the Synod itself, a District or an
organization owned or controlled by the Synod, persons involved in excommunication or lay members of
congregations of the Synod holding positions with the Synod itself or with the Districts or other
organizations owned and controlled by the Synod, and shall be the exclusive remedy to resolve such
disputes.
In other sections of the Constitution and Bylaws, there are specific duties assigned to various individuals
or organizations who are directed, authorized, and even mandated to make those decisions. Specific
checks and balances are detailed throughout the Constitution and Bylaws with regard to those powers and
responsibilities. Disagreement with a decision by a Dispute Resolution Panel under Bylaw 8.09 d, for
example, may be appealed only to an Appeal Panel and may not serve as the basis of a Chapter VIII
proceeding against the Dispute Resolution Panel or its individual members. Because the decision of the
Appeal Panel is expressly declared by Bylaw 8.09 e 1 to be final, disagreement with the panel’s decision
would similarly not be subject to a Chapter VIII proceeding. As recognized in Opinion 02-2324, a
decision of the Board of Regents, in the circumstances described, are final pursuant to the terms of Bylaw
6.47 f 5. The decision of the Board of Regents is not a dispute to which Chapter VIII of the Bylaws

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