LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 1–2, 2013, Page 5

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church extension fund in the past but who is not a member at the present time. This individual also had
represented the church extension fund as their legal counsel and continues to do so. The congregation,
however, objected, contending that this representation did not meet the requirements of Synod Bylaw
1.10.18.1(e) and of the Synod’s Standard Operating Procedure Manual for Bylaw section 1.10 “Dispute
Resolution.”
Recognizing that the panel had been selected and formed subsequent to the receipt of this question, the
Commission on Constitutional Matters accepted this question and responded under the general provision
for such inquiries as set forth in Synod Bylaw 3.9.2.2. It is noted at the outset, however, that up until the
time that this opinion is now rendered and subsequent to the empanelment of the Dispute Resolution
Panel, numerous other questions for bylaw interpretation have been presented to the commission by both
parties. It is not appropriate for the commission to address these as they are more appropriately handled
under the provisions of Bylaw 1.10.18.1(h) which anticipates the Dispute Resolution Panel taking these
questions and formulating specific wording for questions that it may then pose to the commission as part
of its resolution of the matters in controversy.
For future reference and aid to parties in matters such as this, it would be well to recognize that for
questions presented to the commission under the provisions of Synod Bylaw 3.9.2.2, the commission does
its best to respond promptly; however, given various priorities that it may face when the question(s) are
presented, the commission may not be able to produce a response in time for the interpretation to be of
much assistance to the parties as they seek to resolve their dispute. Indeed it is possible that by the time
the commission makes response, the matter may have already been decided by a Dispute Resolution
Panel. A much better course of action would be for the parties to insure that their questions are presented
to the panel under the provision of 1.10.18.1(h) in order to receive a timely response.
Question:

Is the individual selected by the church extension fund to serve as its “designated member”
during the dispute resolution process consistent with the provisions of Section IV, paragraph
D of the Standard Operating Procedures Manual governing dispute resolution in the Synod?

Opinion: Pertinent for consideration of this question are the provisions of Synod Bylaw 1.10.18.1 (e) and
the Standard Operating Procedures Manual for dispute resolution, especially the provisions set forth in
Section IV (“General Regulations”), paragraph D (“Parties Representation”), which states:
If a party to a dispute is a member congregation of the Synod, the congregation shall be represented
by its chairman or a designated member. If a party is a board or commission of the Synod or its
districts, the board or commission shall be represented by its chairman or a designated member.
Synod Bylaw 1.10.18.1(e) states in pertinent part: “(e) …If a party and/or parties is a board or
commission of the Synod or its districts, it shall be represented by its chairman or designated member.”
The church extension fund exists and operates within the district under the provisions of Synod Bylaw
3.10.6.1 as the district’s extension board administering the district’s church extension program.
Promulgated pursuant to provisions of Synod Bylaw 1.10.18.1(j), the Standard Operating Procedures
Manual for dispute resolution is a comprehensive procedures manual for the dispute resolution process
provided by Bylaw section 1.10. From the provision cited above, it is clear that as a board for the district
administering its extension fund, the individual chosen to represent the church extension fund must be
either its chairman or a “designated member.”
The individual proposed by the church extension fund to represent them in this position is not its
chairman nor is he currently serving as a member. Though this individual has served as a member in the
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