LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 2, 2007, Page 7

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Question 8: Do the words in the bylaw, “this provision of Matthew 18:15 shall be followed,” make the
following of this provision incumbent upon members of the Synod by reason of the fact that
the provision is in Matthew 18:15? If so, why? If not, why not?
Opinion: The Standard Operating Procedures Manual that serves as a comprehensive procedures manual
for the provisions set forth in Bylaw section 2.14, states, “Matthew 18 and the Eighth Commandment
undergird the bylaws that set forth this Bylaw 2.14 process for expulsion of membership from the Synod.
While Matthew 18 provides the basis for church discipline in a local congregation, it also provides
guidance and a pattern for all Christians and, along with the Eighth Commandment, is to be observed in
this procedure as applicable. The reputations of the accused and accuser are to be protected.” And further
it states, “The primary purpose of Bylaw section 2.14 and the procedure in this manual is not for the
expulsion of a member from the Synod but for repentance and reconciliation, to win and restore the
brother or sister or sister congregation (Matt. 18:15–20; Gal. 6:1–5; Cf. Bylaws 1.10.1–1.10.1.6)…”
Finally, the Commission encourages the questioner to review the May, 2006 report of the Commission on
Theology and Church Relations (CTCR) entitled, Public Rebuke of Public Sin, which is applicable and
helpful.
180. South Wisconsin District Bylaws (06-2485)
With a letter dated December 13, 2006, the secretary of the South Wisconsin District forwarded to the
Commission for review the district’s Articles of Incorporation and Bylaws as amended by the district’s
June 2006 convention. The documents as amended were reviewed and the following revisions are
suggested.
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For the sake of consistency in official documents throughout the Synod, the grammar and
capitalization principles followed by the Synod in its Handbook, e.g., using capitalization only for
proper nouns, avoidance of the non-word “synodical,” etc., are encouraged to be followed.

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Bylaw 1.01 (p. 3): This bylaw is unclear and does not immediately correspond well to Synod
Constitution Art. XII 1; Bylaws 1.3.2, 4.1.1, 4.1.1.3 (a); et al.—unless what is intended is the
development of a proposal to a national convention of the Synod or the Board of Directors of the
Synod encouraging their submission of the proposal to the President of the Synod as referenced in
Bylaw 4.1.1.3 (b), since those are the only two entities eligible to submit such a proposal.

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Bylaw 1.02 (p. 3): Delegate representation at meetings of the districts of the Synod, as determined
by Article V of the Synod’s Constitution, is to be one pastor and one lay delegate for each
congregation or parish, not “one lay delegate from each congregation.” Where parishes of two or
more congregations are concerned, those congregations share the lay delegate vote.

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Bylaw 1.09 a (p. 4): Synod Bylaw 3.1.6.1 provides a wider range of opportunity for reports to a
convention than only those “authorized by the president or board of directors.” Synod Bylaw
4.2.1 (a) requires that “conventions of the districts shall be governed by the bylaws adopted by
the Synod for its conventions, insofar as these may be applicable.”

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Bylaw 1.10 (p. 4): This bylaw makes the president of the district the editor of the convention
workbook, whereas the editor of the national convention workbook is named in Synod Bylaw
3.1.8 as being the Secretary of the Synod, subject to the approval of the President. Since district
Bylaw 1.38 on p. 8 provides that the duties of the district secretary are to be those of the Synod
Secretary, the district secretary should be the editor of the district convention workbook.

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Bylaw 1.12 (p. 4): Since provision is made for daily minutes distribution, an additional provision
for the approval and distribution of the final day’s minutes would be helpful.
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