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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 47

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Source: The Lutheran Church—Missouri Synod (files.lcms.org)

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1.3 District/Synod President may seek advice or ask for opinion
(a) If and when the accuser’s district president (if the district president is not the one accused or if
the accused is an officer of the Synod) is the one consulted, the district president shall consult with
the President of the Synod. Whether the President of the Synod is the one consulted directly by the
accuser or by the district president, the President of the Synod may consult with the vice-presidents
of the Synod, with the district president of the accused (if an officer of the Synod), with the chairman
of the Council of Presidents, or with the Commission on Theology and Church Relations (CTCR).
The President of the Synod may also ask an opinion of the Commission on Constitutional Matters
(CCM). The President of the Synod must follow any opinion received from either the CCM or the
CTCR, which shall be rendered within 30 days or such additional time as the President of the Synod
may allow. [2.15.3 (a)]
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Because ecclesiastical supervisors have sole responsibility for providing proper direction to the accuser,
they may consult with others who share such responsibility for ecclesiastical supervision prior to providing
the required direction.
Further clarification may be obtained from the CCM and/or the CTCR. When requesting opinions, care
should be taken to represent the matter as carefully and objectively as possible, accepting all counsel
received as binding. Questions should be phrased in a non-case-specific manner so as not to give cause for
rumor or alarm in the Synod.
Due to the nature of the request, the CCM and the CTCR shall do everything possible to respond to
requests for opinions within the 30-day time requirement. If a commission will be unable to respond to
requests for opinions within the required time frame, the President of the Synod shall be notified and an
extension of the 30-day time period shall be requested.

1.4 Accuser must meet face-to-face with the accused
(c) If this Bylaw section 2.15 applies, the district president or the President of the Synod shall ensure
that the accuser has met face-to-face with the accused in the manner described in Matthew 18:15.
Even if the alleged violation of Article XIII of the Constitution is considered to be “public,” this
provision of Matthew 18:15 shall be followed. The reputation of all parties is to be protected as
commanded in the Eighth Commandment. [2.15.3 (c)]
(e) The requirement of the Synod of previous admonition called for in Article XIII of the
Constitution commences at this stage, if applicable. [2.15.3 (e)]
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The required face-to-face meeting must be a face-to-face, good-faith effort in the manner described in
Matthew 18:15. The meeting shall be in person, limited to the accuser and the accused. E-mail, regular
mail, fax, or telephone call (or any combination thereof) shall not satisfy this requirement.
If applicable, this face-to-face meeting contributes toward satisfying the requirement for previous
admonition called for in Article XIII of the Constitution.
If such a meeting has not taken place at the time of the consultation, the accuser and the accused shall be
directed by their ecclesiastical supervisors to participate in such a face-to-face meeting initiated by the
accuser within 30 days or within such extension of time as may be established by the involved
ecclesiastical supervisors. It is the responsibility of the accuser to initiate the meeting at the convenience of
the accused. Failure to conduct this meeting shall result in dismissal of any accusation if the fault lies with
the accuser or result in movement to the next stage if the fault lies with the accused.

1.5 Committee may assist in reconciliation efforts
(d) The district president of the accuser or the President of the Synod may appoint a small committee
to assist in reconciliation efforts. The goal throughout is always one of admonition and reconciliation,
of repentance and forgiveness (even if the following proceedings result in expulsion from
membership). [2.15.3 (d)]

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