LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 28, 1996, Page 2

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were to earn more than the allowed amount under IRS regulations. It would be best to contact
Worker Benefits Plans directly on this issue.
5. How does our understanding of Article XIV of The Augsburg Confession line up with the practice of
"contract for services"?
The Commission concludes that this is a matter which is beyond the purview of the
Commission on Constitutional Matters and should be directed to the Commission on Theology
and Church Relations.
Since some of the concerns reflected in the questions are not clearly addressed in the Constitution, Bylaws,
or resolutions of the Synod, the Commission would encourage the congregation or congregations involved
to take them to the convention of the district and/or the Synod through appropriate resolutions. The
Commission in particular recognizes the fact that more and more small congregations may be served by
retired pastors is a matter that could well be addressed.
The Commission also concluded that it will continue to consider this matter in the future.
61. Southern Illinois District Bylaws (Ag. 2042) : In keeping with the requirements of the synodical
Bylaws, the Southern Illinois District had forwarded a copy of proposed amendments to the Southern
Illinois District Bylaws which will be considered at the next convention of the district. After reviewing
these Bylaws, the Commission concluded that it found nothing contrary to the Constitution and Bylaws of
the Synod and, therefore, approved their consideration for action by the next convention of the Southern
Illinois District.
62. Dispute Resolution Process Procedures (Ag, 2043) : A District President had forwarded to the
Commission the following questions:
1.

Does Bylaw 8.21, f, allow the pastor of a neighboring congregation or any other individual to
intrude himself in a local dispute on the grounds that he is providing assistance according to the
terms of Bylaw 8.21, f?

1.

What is the proper application of Bylaw 8.21, f, to the various phases of a mediation and
reconciliation effort?
2.

Does Bylaw 8.21, f, apply to informal mediation efforts?

2.

Does Bylaw 8.21, f, apply to formal mediation and reconciliation efforts, as well?

2.

Does Bylaw 8.21, f, apply only to a hearing before a Dispute Resolution Panel?

2.

Does Bylaw 8.21, f, apply equally to all phases of a mediation and reconciliation effort?

The opinion which the Commission provided with respect to question A is that the Commission concludes
that neither the pastor of a neighboring congregation or other individual should intrude himself into a local
dispute. To "intrude himself' implies that he is not even providing the assistance sought by a party as stated
in Bylaw 8.21, f. At a certain point in the dispute resolution process that assistance can be provided at the
request of the party or parties, but it would not be proper to intrude oneself into the dispute.
In response to the questions subsumed under question B, the Commission offers the following response.
1.

The intent of the drafters of the bylaw was that Bylaw 8.21, f, is to apply to formal mediation