LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 27

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The delegate convention of the Synod is the legislative assembly that ultimately legislates policy, program, and
financial direction to carry on the Synod’s work on behalf of and in support of the member congregations. It reserves to
itself the right to give direction to all officers and agencies of the Synod. Consequently, all officers and agencies, unless
otherwise specified in the Bylaws, shall be accountable to the Synod for all their actions, and any concerns regarding
the decisions of such officers or agencies may be brought to the attention of the Synod in convention for appropriate
action. (Bylaw 1.4.1) (Emphasis added)
Dissent from doctrinal resolutions and statements is to be expressed first within the fellowship of peers and then brought
to the attention of the Commission on Theology and Church Relations before finding expression as an overture to the
convention calling for revision or recision…. (Bylaw 1.8.2) (Emphasis added)
(c) He shall call up for review any action by an individual officer, executive, or agency that, in his view, may be in
violation of the Constitution, Bylaws, and resolutions of the Synod.
(1)If he deems appropriate, he shall request that such action be altered or reversed.
(2) If the matter cannot be resolved, he shall refer it to the Board of Directors, the Commission on
Constitutional Matters, and/or the Synod in convention as he deems appropriate for the issues and
party/parties involved.
(3) This provision in no way alters the President’s constitutional duty to report to the Synod those who do not
act in accordance with the Constitution and do not heed his admonition, as prescribed in Art. XI B 2 of the
Constitution. (paragraph (c) of Bylaw 3.3.1.2) (Emphasis added)
Question 5: Is it in harmony with the Constitution and above Bylaws of the Synod for any member of the Synod to engage
in dissenting (or promoting non-compliance) against the Synod by use of a lawsuit, when such members have
not used the avenues of dissent as set forth in Bylaw 1.8 of the Synod?
Opinion: No. A lawsuit is not a legitimate avenue of dissent. In the agreement to live and work together, a member of the
Synod is required to follow the avenue of dissent as set forth in Bylaw section 1.8, including honoring and upholding the
resolutions of the Synod. While a lawsuit may be an appropriate process in which to resolve a dispute in the secular world,
members of the Synod are governed by Bylaw section 1.8 as the required, exclusive, and agreed-to avenue of dissent and
Bylaw section 1.10 as the required, exclusive, and agreed-to method of dispute resolution. See the answers to questions 1
and 2 above.
Question 6: Is it in harmony with the Constitution and above Bylaws of the Synod for any member of the Synod to engage
in dispute against the President of the Synod or the Synod itself by use of a lawsuit, when such members have
not used the avenue of dispute as set forth in Bylaw 1.10 of the Synod?
Opinion: No. In the agreement to live and work together, a member of the Synod is required to rely exclusively and fully on
the Synod’s system of reconciliation and conflict resolution. Unless the dispute is one concerning property rights or contract
arrangements under Bylaw 1.10.3 (a) or (b), such suit would be a gross violation of the process of Bylaw section 1.10 and
the covenants which bind members together in the Synod. The use of the Synod’s conflict resolution procedures is the
exclusive and final remedy for those who are in dispute (Bylaw section 1.10). See the answers to questions 1, 2, and 5
above.
Question 7: If any of the above is not in harmony with the Constitution and Bylaws of the Synod, what remedy does the
Constitution and Bylaws of the Synod provide?
Opinion: The Constitution and Bylaws of the Synod provide disciplinary measures against any member who violates the
Constitution and Bylaws of the Synod. Such provisions include Bylaw section 1.10, “Dispute Resolution of the Synod”:
“The use of the Synod’s conflict resolution procedures shall be the exclusive and final remedy for those who are in dispute”
(Bylaw 1.10.1) and Article XIII of the Constitution, “Expulsion from the Synod,” and its procedures as set forth in Bylaw
sections 2.13–2.16:
The only remedy available to the Synod in response to improper activities in the life of such a member of the
Synod is, as is true with respect to violations of other conditions of membership or is otherwise appropriate under
the Constitution or these Bylaws, and following the procedures set forth in these Bylaws, to take such action as
may lead to termination of that membership and the attendant rights and privileges. (Bylaw 2.13.2)
The ecclesiastical supervisors (the President of the Synod and the district presidents) have disciplinary responsibilities such
as stated in Articles XI B and XII of the Constitution:

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