LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 16

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

parties agree to use and honor the outcome of the process. The Commission on Handbook proposes the
addition of a final sentence to the paragraph, as follows.
PRESENT/PROPOSED WORDING
1.10.3 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 3.10.4.7.5–3.10.4.7.9 and 3.10.5.6.5–3.10.5.6.9. While
Christians are encouraged to seek to resolve all their disputes without resorting to secular courts,
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)
(b) Disputes arising under contractual arrangements of all kinds (e.g., contracts for goods,
services, or employment benefits)
Even in the case of disputes concerning property rights or disputes arising under contractual
arrangements, this dispute resolution process may be used if both parties sign written statements
agreeing to use and honor the outcome of the process.

(B) Dispute Cases with Multiple Complainants or Respondents
(Bylaw 1.10.5)
Rationale
In some dispute resolution cases, multiple complainants may bring accusations against a single
respondent or a single complainant may bring accusations against multiple respondents. The spirit of the
Matthew 18 principle requiring a face-to-face meeting “between you and him alone” is best served when
disputes are addressed by individuals meeting face-to-face. The Commission on Handbook therefore
proposes the addition of a sentence to Bylaw 1.10.5, as follows.
PRESENT/PROPOSED WORDING
1.10.5 Before any matter is submitted to the formal reconciliation process, the parties involved in a
dispute must meet together, face-to-face, in a good-faith attempt to settle their dispute in the
manner described in Matthew 18:15 and may involve the informal use of a reconciler. And
further, before any matter is submitted to the formal reconciliation process, the complainant(s)
must meet and consult with his or /her/their ecclesiastical supervisor(s) to seek advice and also so
that it can be determined whether this is the appropriate bylaw procedure (Bylaw section 1.10) or
whether the matter falls under Bylaw sections 1.8, 2.14, 2.15, 2.16, or 2.17, or Bylaws 3.10.4.7.9
andor 3.10.5.6.9. In regard to this consultation:
(a) From this point forward in this process, in the case of multiple complainants or multiple
respondents, each complainant and/or respondent shall proceed singly and individually.
(ab) The district president of the complainant shall inform the district president of the
respondent that a consultation is underway. He may also seek advice from the vice-presidents
of his own district or from the district president of the respondent. The district president may
also ask for an opinion of the Commission on Constitutional Matters (CCM) and/or the
Commission on Theology and Church Relations (CTCR). The district president must follow
Page 86 – 02.23.13 – COH Minutes