LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 17, 2010, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Telephone Conference Meeting
May 17, 2010
164. Call to Order
Chairman Albert Marcis called the meeting to order and opened with prayer. All members of the
commission participated in the conference call.
165. Questions Submitted by Review Panel (10-2579)
In a letter received via e-mail on May 5, 2010, the hearing facilitator of a dispute resolution Review Panel
submitted on behalf of the panel (Bylaw 1.10.18 [h]) two questions for response by the commission.
Question 1: Is it mandated that an LCMS congregation go through the reconciliation process of the Synod
before the removal of a servant from his divine call?
Opinion: The Constitution and Bylaws of the Synod do not require a congregation to go through the
“reconciliation process” before the removal of a called worker (“servant”) from a divine call. This subject
is not addressed in either the Constitution or the Bylaws. Bylaw 1.10.9 states in part: “The congregation’s
right of self-government shall be recognized. However, when a decision of a congregation is at issue [i.e.,
already made], a Dispute Resolution Panel may review the decision of the congregation according to the
Holy Scriptures and shall either uphold the action of the congregation or advise the congregation to
review and revise its decision.” The purpose of the dispute resolution process is not to give advice prior to
the making of a decision but rather to assist in resolving or reviewing disputes involving decisions or
actions of parties after decisions have been made and/or actions taken.
Question 2: Does the Synod’s Constitution, Bylaws, or procedures provide guidelines for the removal of a
called worker while he/she is on medical disability?
Opinion: The Synod’s Constitution, Bylaws, and Standard Operating Procedures Manual for Bylaw
section 1.10 do not provide guidelines (requirements) for a process of removal of a called worker on
medical disability.
166. Blue Ribbon Task Force on Synod Structure and Governance Proposals
The commission completed its evaluation and discussion of recommendations of the Blue Ribbon Task
Force on Synod Structure and Governance and related proposals being considered by the convention floor
committee assigned the task force report and related overtures.
167. Adjournment
After brief discussion of assignments for Floor Committee Weekend and other convention-related
matters, the meeting was closed by Chairman Marcis with words of benediction. The commission next
will meet in conjunction with Floor Committee Weekend, May 21–24, in St. Louis.

Raymond L. Hartwig, Secretary