LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 4–5, 2008, Page 10

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Opinion: As discussed above, the action of the congregation is complete once taken by the congregation.
A worker may continue to hold membership in the Synod by application for candidate or non-candidate
status under Bylaws 2.11.2.2 or 2.11.2.3, unless otherwise qualifying as an active member by reason of
another call or other responsibilities as described in Bylaw 2.11.1.
Question 6:

When must the face-to-face meeting required by Bylaw 1.10.5 take place in order to fulfill
the requirements of the dispute resolution process, and who represents the congregation in
that process?

Opinion: Since the purpose of the meeting is to resolve the dispute prior to submission to a formal
dispute resolution process, the face-to-face meeting can happen only after the action which is the subject
of the dispute has occurred. If the dispute is to a worker’s dismissal, that meeting cannot occur until the
dismissal has occurred. As described in Bylaw 1.10.5, it is the responsibility of the district president to
see to it that this meeting occurs before allowing the matter to proceed to appointment of a reconciler.
Upon appointment, the reconciler is further required under Bylaw 1.10.6.2 to assure that such a meeting
has occurred, and further determine whether additional informal efforts should be made. Only when the
reconciler is satisfied that informal efforts did not resolve the matter may the reconciler direct the
respondent to submit to the reconciler and the complainant a written reply to the statement of the matter in
dispute, and simultaneously move into a formal dispute resolution process as described in Bylaw 1.10.6.3.
Where it is an action of a congregation which is subject to a dispute resolution process, the congregation
itself is the respondent. While it might be beneficial for face-to-face meetings with multiple parties or
constituencies within a congregation in an attempt to resolve a conflict with the congregation, the process
ultimately contemplates that a single representative of the congregation represent it in the dispute
resolution process, including the face-to-face meeting required. As the Standard Operating Procedures
Manual for the dispute resolution process indicates in Section V:
D. Parties to the Matter: If a party is a member of the Synod and not an individual, it
shall be represented by its chairman or a designated member. If a party is a board or
commission of the Synod or its districts, it shall be represented by its chairman or
designated member.
The Standard Operating Procedures Manual was prepared by the Commission on Constitutional Matters
in consultation with the Council of Presidents and the Secretary of the Synod as mandated by the Synod
under Bylaw 1.10.18.1 (j). Thus, for the purposes of the dispute resolution process, the congregation is to
be represented by the chairman of the congregation unless the congregation designates another member of
the congregation.
Question 7:

May the Dispute Resolution Panel in its proceedings consider issues raised by the parties
pertaining to the total process of dispute resolution?

Opinion: The goal of the entire dispute resolution process is reconciliation. Any action which might
assist in that process should be considered by the panel. It is the responsibility of each participant in the
process to maintain and assure the integrity of the process. As the panel works toward a final decision, it
should consider and resolve any issue raised pertaining to the process of dispute resolution.
(Adopted April 4–5, 2008)
36. Definition of Term: “Operating Board” (08-2515)

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