LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 15-16, 2003, Page 8

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exceptions to this requirement. Therefore, the President of the Synod may exclude an overture that
concerns himself if it is materially in error or contains any apparent misrepresentation of truth or of
character. The same is true of any overture that, upon advice of legal counsel, may subject the Synod or
its corporate officers to civil action for libel or slander or that contains libel or slander (Bylaw 3.19 c).
190. The Final Decision of a Dispute Resolution Panel (03-2364)
In an e-mail communication addressed to the Commission on Constitutional Matters dated July 29, 2003,
an ordained minister of The Lutheran ChurchMissouri Synod has asked the following questions:
Question 1:

Do the Bylaws of The Lutheran ChurchMissouri Synod allow for the Synod in
convention to overrule a decision of a DRP?

Opinion: Bylaw 3.73 states: “All officers, boards, and commissions shall be accountable to the Synod for
all their actions, and any decision of such officers, boards, and commissions may be appealed to the
national convention of the Synod.” Members of a Dispute Resolution Panel are not officers of the Synod
and a Dispute Resolution Panel is not a board or commission.
It must also be noted: “The final decision of a Dispute Resolution Panel shall a) be binding upon the
parties to that dispute subject to request for review;”(Bylaw 8.09 c 4 a). When and if the review has been
requested, “The final decision of the Review Panel shall 1. be binding upon the parties to that dispute and
not be subject to further appeal” (Bylaw 8.09 e 1). Accordingly, the Bylaws of the Synod do not allow
the Synod to overrule a Dispute Resolution Panel or a Review Panel decision.
Question 2:

If the Bylaws do not allow the Synod to overrule this decision, then should the overtures be
returned to the congregations making them, informing them that the decision cannot be
overturned?

Opinion: Depending upon the overture, its nature and contents and the circumstances of the case, either
Bylaw 3.19 c or Bylaw 3.19 d are applicable. These are as follows:
[3.19] c. Overtures with reference to a case in which a member has been suspended or
expelled and which is at present in the process of or subject to appeal, as well as
overtures which, upon advice of legal counsel, may subject the Synod or the corporate
officers of the Synod to civil action for libel or slander, or which contain libel or slander,
shall not be accepted for convention consideration.
[3.19] d. The synodical President shall determine if any overture contains information
which is materially in error, or contains any apparent misrepresentation of truth or of
character. He shall not approve inclusion of any such overture in the convention manual
and shall refer any such overture to the District President who has ecclesiastical
supervision over the entity submitting the overture for action. If any published overture or
resolution is found to be materially in error or contains any misrepresentation of truth or
of character, it shall be withdrawn from convention consideration and referred by the
President of the Synod to the appropriate District President for action.
The President of the Synod must handle any such overture according to the above bylaw provisions.
Question 3: If so, then should the President’s office or the Secretary of Synod return them?
Opinion: This question is answered under question 2 above.
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