LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 27, 2004, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Teleconference Meeting
September 27, 2004

5. Call to Order and Prayer
Chairman Albert Marcis called the conference call meeting to order and asked Don Little to provide an
opening prayer, which included a special petition for Walter Tesch and his family due to the serious
illness of his wife. The chair then called attention to the primary purpose of the meeting.
6. Direction re Bylaw to be Used in Dispute Case (04-2400)
A district president in a letter dated July 20, 2004, requested guidance regarding whether a dispute case
that had been initiated by a letter received by his office July 6 should be handled according to the Bylaws
that existed before the July 10-15 convention of the Synod or according to the Bylaws that were adopted
by the convention.
Opinion: In a December 5, 1992 opinion (Ag. 1938), at a time when significant changes had been made
by the 1992 convention to the Synod’s process for resolving disputes, the Commission on Constitutional
Matters (CCM) called attention to Res. 5-01B of the convention, which resolved “that all cases currently
under the adjudication or appeals process be concluded under existing bylaws” and that the “new
procedure shall apply to all dispute resolutions initiated after the date of adoption” of the new dispute
resolution process, applying this principle in its response to a question that had been submitted.
Furthermore, in a May 22, 1998 opinion (Ag. 2097), in reference to an action to terminate a membership,
the Commission opined that such an action “is initiated by a written complaint against a member of the
Synod.”
Therefore, in response to the current question, the Commission on the basis of the previously stated
opinions concludes that the letter received by the district president July 6, because it is a written
complaint against a member of the Synod, is an action that initiates the dispute resolution process on that
date. Furthermore, since the date of the letter precedes the dates of the convention of the Synod, the
process to be followed will be that which is described by the bylaws that were in effect on that date.
7. Pending Opinions
The Commission reviewed the remaining questions before it that have yet to receive responses and
concluded such responses will wait until the Commission’s next regular meeting in October.
8. Adjournment
Prior to adjourning, the Commission reviewed plans and agenda for its October meeting. The meeting
was closed with words of benediction.

Raymond L. Hartwig, Secretary