LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 30, 2003, Page 12

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constitutional provisions which were considered in a Dispute Resolution Panel decision may be modified
as provided by Article XIV of the Constitution and Chapter XIV of the Bylaws. The Synod in convention
may thereby consider an overture that addresses an issue that was also an issue in a Dispute Resolution
Panel’s decision.
Question 2:

If a rostered member of the Synod is a participant in a Dispute Resolution Panel that makes
statements in doctrinal error in its ruling, is he able to be held accountable for such errors
under the Bylaws of the Synod?

Opinion: The proceedings before a Dispute Resolution Panel are private and not subject to publicity.
Thus, only the parties to the dispute, as well as the members of the Dispute Resolution Panel, have full
knowledge of the evidence that was produced at the hearing. Further, Bylaw 8.21 h provides that all
records of disputes in which a final decision has been rendered shall be sealed and shall be opened only
for good cause shown and only after permission has been granted by a Dispute Resolution Panel, selected
by blind draw for that purpose.
Bylaw 8.09 c 4 d provides that a copy of the final decision of a panel shall be publicized as deemed
appropriate under the circumstances by the District or synodical President. In those limited circumstances,
publicity would be given to the decision of the panel. However, the decision is that of the panel and not of
the individual members of that panel. Accordingly, because the facts presented to the panel at the hearing
remain confidential and the opinion is that of the panel and not of the individual members of the panel,
individual members of the panel cannot be charged with doctrinal error.
209. Appointments for a New Triennium (03-2371)
In a letter received September 29, 2003, a former District President asked questions regarding the timing
of triennial appointments by boards of directors. The Commission agreed to defer its response until its
next meeting.
210. Adjournment
The meeting was adjourned with words of benediction by Albert Marcis.

Raymond L. Hartwig, Secretary

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