LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 31, 1996, Page 2

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During discussion which took place, it was suggested that D be changed to Synodical Board of Directors
and Other Synod wide Boards. It had been further suggested that in Bylaw 3.181, b, the words "may
authorize" should be changed to "have authorized" and that the word "shall" be deleted in the first sentence.
In addition, the sentence, "Each of these entities shall have a board of directors or comparable board (board
of trustees, board of managers, or board of governors)." is to be placed in Bylaw 3.183 following the listing
of other synod wide corporate and legal entities.
In proposed Bylaw 3.183 Officers of the Boards, the words "or comparable board" are to be added after the
words "Each board of directors." The same is true in 3.185 Functions of the Boards.
With these changes, the Commission adopted the bylaws for inclusion in the 1995 Handbook of the Synod.
A copy of the bylaws as approved in their final form is attached to the minutes.
33. Authority of Dispute Resolution Panel (Ag. 2027) : On January 22, 1996, a Dispute Resolution Panel
had posed three questions to the Commission on Constitutional Matters. The questions related to a matter
which had involved a settlement requiring action by the Council of Presidents which would reinstate
someone to membership on the roster of the Synod. The Council of Presidents, however, had declined to
reinstate the person in question. The questions which were now posed were, in effect,
5.

In view of Bylaw 8.09, 3, e, 1, which states that the decision of a Dispute Resolution Panel is
"binding" and is to be carried out by "group or members of the Synod" and the action of the
Council of Presidents in declining reinstatement, what is the authority of the Panel and how far
reaching is it?

5.

Should one of the parties be a participant in the group dealing with a resolution, in this case the
Council of Presidents?

5.

To what extent does the Panel have the authority to provide synodical or district records when
requested by either party in a dispute?

The Commission decided to respond as follows:
In response to your first question, the Commission would initially call attention to the fact that there is
no inherent right to membership in the Synod (Bylaw 2.31). Further, it is a general principle that a
specific statute or directive is controlling over one that is more general. Applied to the situation cited,
Bylaw 2.31 -regarding reinstatement is specific and binding and is to be carried out by the Council of
Presidents. Stated otherwise, a Dispute Resolution Panel has the right and duty to make a binding
decision which includes a recommendation. Its authority is defined in Chapter VIII and this authority
may not be exceeded. The decision to recommend cannot bind the Council of Presidents and require it
to adopt the recommendation.
In response to the second question, it is the opinion of the Commission that, although the bylaw does
not require it, it would be proper for a District President directly involved in the question of
reinstatement of a member whom he has removed to abstain from voting on the matter. It is, however,
essential that the District President participate in the presentation of the request for reinstatement so that
the members of the Council of Presidents are informed when casting their votes and do not do so
blindly. Basic information regarding circumstances is essential for proper consideration by the Council.
In response to your third question, the Commission concludes that the Dispute Resolution Panel has no
authority to provide synodical or district documents when requested by either party in a dispute.