LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 15

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(H) Council of Presidents Composition in Bylaw 2.16.5.3 Role
(Bylaw 2.16.5.3)
Rationale
Conflict of interest concerns could arise should the Praesidium of the Synod be included in Council of
Presidents decision-making as part of the Bylaw section 2.16 expulsion process. The Commission on
Handbook proposes the following amendment to Bylaw 2.16.5.3 to avoid such concerns.
PRESENT/PROPOSED WORDING
2.16.5.3 Whether made by the chairman of the Council of Presidents or the Referral Panel, in the
recommendation whether or not to initiate formal proceedings, the chairman of the Council of
Presidents shall bring the matter to the full Council of Presidents for hearing the
recommendation, for discussion, and for vote.
(a) An affirmative vote to proceed, by written ballot of at least 51 percent of the total
number of district presidents (the collective ecclesiastical supervisors elected by the
districts), shall be required for the determination to initiate formal proceedings. Any district
president that is a party to the matter shall be excluded from voting.
(b) If the result of the vote is not to initiate formal proceedings, the chairman shall in
writing so inform the accuser and the President of the Synod, which shall terminate the
matter.
(c) If the results of the vote require the case to proceed, the chairman shall proceed as
hereafter required.
Commission on Handbook

80. Overture to the 2013 LCMS Convention (Dispute Resolution Process) – Omnibus II
Overture to the 2013 LCMS Convention
To Address Handbook Issues re Dispute Resolution Process (Bylaw Section 1.10)
Introduction
During the triennium, concerns related to Bylaw section 1.10 (dispute resolution) were brought to the
attention of the Commission on Handbook. This overture identifies those concerns and advocates bylaw
amendment solutions proposed by the commission to the 2013 convention of The Lutheran Church—
Missouri Synod for adoption.
(A) Exceptional Use of Synod Dispute Resolution Process
(Bylaw 1.10.3)
Rationale
Bylaw 1.10.3 identifies matters for which the Synod’s dispute resolution process “does not provide an
exclusive remedy.” Lost in the current wording of the bylaw is the availability of the dispute resolution
process even in the case of those disputes enumerated by paragraphs (a) and (b) of the bylaw if both
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