LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 26

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Bylaw 1.10.3 does set forth some exceptions, none of which are applicable to the question asked, as follows:
This chapter provides evangelical procedures to remedy disputes only and does not set forth procedures for
expulsion from membership (Constitution Art. XIII and Bylaw sections 2.14–2.17) nor does it set forth procedures
for board of regents’ supervision of faculty and administration as specified in Bylaws 3.8.2.7.5–3.8.2.7.9 and
3.8.3.8.5–3.8.3.8.9…this chapter does not provide an exclusive remedy for the following matters, unless such
matters involve theological, doctrinal, or ecclesiastical issues, including those arising under the divine call of a
member of the Synod:
(a) Disputes concerning property rights (e.g., real estate agreements, mortgages, fraud, or embezzlement);
and
(b)Disputes arising under contractual arrangements of all kinds (e.g., contracts for goods, services, or
employment benefits).
It must be noted in regard to dissent and disputes in the Synod that the procedures set forth for brotherly dissent (Bylaw
section 1.8) and dispute (Bylaw section 1.10) are for the purpose of carrying out the objectives of the Synod (Constitution
Art. III), especially objectives 1 and 6:
1. Conserve and promote the unity of the true faith (Eph. 4:3 – 6; 1 Cor. 1.10), work through its official structure
toward fellowship with other Christian church bodies, and provide a united defense against schism, sectarianism
(Rom. 16:17) and heresy;
6. Aid congregations by providing a variety of resources and opportunities for recognizing, promoting, expressing,
conserving, and defending their confessional unity in the true faith.
Question 3: Does the dispute resolution process set forth in Bylaw 1.10 allow disputes regarding any alleged wrongdoings
by any officer, board, or commission of the Synod or allow disputes regarding an[y] alleged violations of the
Synod’s Constitution and Bylaws by any officer, board, or commission?
Opinion: Bylaw 1.10 not only allows but requires all members to use the avenue provided by the Synod to settle disputes as
set forth in Bylaw section 1.10, with the exceptions as set forth in Bylaw 1.10.3. See the answers to both questions one and
two above.
Question 4: Do the provisions set forth in Bylaw 3.1 (National Conventions) allow for correction of any alleged
irregularities or violations of the Synod’s Constitution and Bylaws by the Synod in convention itself, the
convention floor committees, or by any officer, board, or commission?
Opinion: Any and all alleged irregularities or violations of the Synod’s Constitution and Bylaws committed by the Synod in
convention itself, the convention floor committees, or by any officer, board, or commission can be addressed for correction
by the Synod in convention. Bylaw 3.1.1 states:
The national convention of the Synod shall afford an opportunity for worship, nurture, inspiration, fellowship, and
the communication of vital information. It is the principal legislative assembly, which amends the Constitution
and Bylaws, considers and takes action on reports and overtures, and handles appropriate appeals. It establishes
general positions and policies of the Synod, provides overall program direction and priorities, and evaluates all
such positions, programs, policies, directions, and priorities in order to provide responsible service for and on
behalf of its members…
The broader context of the Constitution and Bylaws also provides the foundation for the answer to the question asked.
Example:
1. The officers of the Synod must assume only such rights as have been expressly conferred upon them by the
Synod, and in everything pertaining to their rights and the performance of their duties they are responsible to
the Synod.
2. The Synod at all times has the right to call its officers to account and, if circumstances require it, to remove
them from office in accordance with Christian procedure.
3. The Synod reserves the right to abolish any office it has established. (Art. XI A) (Emphasis added)
2. It is the President’s duty to see to it that all the aforementioned act in accordance with the Synod’s
Constitution, to admonish all who in any way depart from it, and, if such admonition is not heeded, to report
such cases to the Synod. (Art. XI B) (Emphasis added)

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