LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 2, 2007, Page 4

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involved in excommunication, or (5) lay members of congregations of the Synod holding positions with
the Synod itself or with districts or other organizations owned and controlled by the Synod.” A member
of a congregation of the LCMS holding a position within the Synod is expressly included within the list
of those who may avail themselves of and/or are subject to the provisions of Bylaw section 1.10, to the
extent that the dispute relates to the position of service with the Synod.
Question 1B: If so, can a member of the Board of Directors of the Synod both avail and be subject to the
dispute resolution process of the Synod?
Opinion: Yes, a member of the Board of Directors of the Synod may both avail himself/herself of as well
as be subject to the dispute resolution process of the Synod so long as the issue relates to the position
held.
Question 1C: If 1B above is so, is a member of the Board of Directors of the Synod obligated pursuant to
the Constitution and Bylaws of the Synod to avail himself or herself of the dispute
resolution process if faced with an unresolved dispute relating to matters pertaining to the
Synod and/or its members?
Opinion: Bylaw 1.10.2 includes the provision, “It shall be the exclusive remedy to resolve such disputes
that involve theological, doctrinal, or ecclesiastical issues except those covered under Bylaw sections
2.14–2.17 and except as provided in Bylaw 1.10.3.” Bylaw 1.10.3 exempts from the dispute resolution
process expulsion from membership under Bylaw sections 2.14–2.17 and board of regents’ supervision of
faculty and administration under Bylaws 3.8.2.7.5–3.8.2.7.9 and 3.8.3.8.5–3.8.3.8.9, and also exempts
“(a) Disputes concerning property rights (e.g., real estate agreements, mortgages, fraud, or
embezzlement); and (b) Disputes arising under contractual arrangements of all kinds (e.g., contracts for
goods, services or employment benefits).” So long as the issue in consideration does not fall within one
of the exceptions provided in the bylaw, the dispute resolution process of the Synod is the exclusive
remedy for resolving such issues.
Question 2A: Is a member of the Board of Directors, whether or not such member is a member of the
Synod, in wishing to express dissent with a synodical resolution (for example, 7-02A from
the 2004 convention), required to follow the provisions of the Constitution and Bylaws of
Synod?
Opinion: The dissent provisions of Bylaw section 1.8 are applicable only to members of the Synod. If a
member of the Board of Directors is a member of the Synod, those provisions are applicable. If a
member of the Board of Directors is not a member of the Synod, that member’s conduct is not governed
by the dissent provisions of Bylaw section 1.8. A further description of duties and responsibilities as well
as restrictions on the behavior of members of the Board of Directors who are not members of the Synod is
discussed in Bylaw 3.3.5.
Question 2B: If not, is a member of the Synod, while serving as a member of the Board of Directors, in
wishing to express dissent with a synodical resolution, required to follow the provisions of
the Constitution and Bylaws of Synod?
Opinion: A member of the Synod is at all times bound by the provisions of the Constitution and Bylaws
of the Synod, including during service on a board or commission or as an officer of the Synod.
Question 2C: If they are so required to follow the provisions of the Constitution and Bylaws of the
Synod, is such expression of dissent to a resolution of the Synod restricted to the provisions
of the Constitution and Bylaws of the Synod?
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