LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 4–5, 2008, Page 8

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

the Synod” (Bylaw 3.9.2.2). Therefore, the commission does not believe it has responsibility to answer
the questions as presented by the member congregation.
(Adopted April 4–5, 2008)
35. Dispute Resolution Process (08-2514A)
A series of questions related to Opinion 08-2514 was submitted by the Secretary of the Synod as follows:
Question 1:

When a congregation removes a church worker and the worker requests the appointment of
a reconciler, are the decision of the congregation and any related actions to be considered
placed “on hold” until the Synod’s dispute resolution process has produced a final decision
regarding the propriety of the congregation’s action, as suggested by CCM opinion 022308?

Opinion: The action of a congregation in removing a minister of religion—ordained or a minister of
religion—commissioned is effective upon such date as determined by the action of the congregation. The
initiation of a dispute resolution process under Bylaw section 1.10 does not change that action or its
effective date. The position previously held by the worker is vacated, and the worker is eligible for
candidate status and a further call. By requesting the dispute resolution process, the worker would be
asking the Synod to review the appropriateness of the action of the congregation and asking that the
Synod through the dispute resolution process recommend that the congregation review and revise its
completed action.
This issue was dealt with, at least in part, in prior CCM Opinion 02-2308. The opinion in the matter was
as follows:
Question:

When the formal dispute resolution process of Chapter VIII of the Bylaws of the Synod
has begun, are related matters placed on hold until reconciliation or a final decision is
reached?”

Opinion: By accepting membership in the Synod, members have committed to be governed by the
Constitution and Bylaws of the Synod, including the use of the dispute resolution process outlined in
Chapter VIII of the Bylaws. Members have agreed that they will be bound by the process even to the
extent that “no person or entity to whom or to which the provisions of this chapter are applicable
because such person, entity or agency is a member of the Synod may render the provisions of this
chapter inapplicable by terminating that membership” (Bylaw 8.01).
In cases in which a pastor has challenged the termination of his call and has initiated the dispute
resolution process under Chapter VIII, the pastor and the congregation, both being members of the
Synod, are committed to resolving that dispute according to the process provided for in the Bylaws.
While Bylaw 8.11 recognizes the congregation’s right of self-government, which includes the
discharge of a pastor, it also includes the expectation that the congregation will honor and act upon
the decision of a Dispute Resolution Panel, which is final only after all opportunities for request for
review have been exhausted.
Were a congregation to act upon a decision of a Dispute Resolution Panel prior to the completion of
the appeal process, and were an Appeal Panel to grant reconsideration of that decision by a Review
Panel, and were the Review Panel to arrive at a different final decision, confusion would result due to
the congregation’s action on the basis of the earlier decision. Congregations therefore are advised to

20