LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 7, 2010, Page 6

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

Question 3: Bylaw 4.4.6 states that in the exercise of ecclesiastical supervision of congregations I may
arrange for an official visit or investigation when a controversy arises in a congregation.
What authority or powers within my responsibility to investigate such matters (particularly
when they involve doctrinal issues) do I have to adjudicate doctrinal issues or disputes within
the congregation?
Opinion: Please refer to the answer to question 2 above. Of necessity, a district president must be able to
determine who, on behalf of the congregation, properly speaks for the congregation in the congregation’s
relationship to the Synod. When internal disputes arise and the congregation has provided an internal
method for dispute resolution, the authority of the president is limited to visitation, investigation,
obtaining reports and information, and then advising, admonishing, and conveying the collective will of
the Synod and, if necessary, bringing appropriate disciplinary measures to assure that the Constitution,
Bylaws, and resolutions of the Synod are followed and implemented. When, however, the congregation
has not provided in advance another mechanism for the resolution of such internal disputes, his authority
is more extensive. He has the authority to investigate and review such information as may be necessary to
settle the dispute, as covenanted in 1983 Res. 5-10A. He has the authority to study, counsel, and advise
how the dispute should be settled consistent with the Constitution, Bylaws, and resolutions of the Synod,
thereby settling the dispute by presenting, interpreting, and applying the collective will of the Synod’s
congregations. The authority of a district president does not include the right to excommunicate members
of a congregation, to “call” a pastor to serve a congregation, or to generally control the internal governance of a congregation, and, as discussed above, his actions are subject to appeal by the congregation
pursuant to the Bylaw section 1.10 processes.
7. Adjournment
With all business to come before the commission at this meeting having been addressed, the meeting was
closed with words of benediction by Chairman Albert Marcis.

Raymond L. Hartwig, Secretary

130