LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 23, 1996, Page 3

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it provides a comprehensive statement of the Synod with respect to the matter of upholding
doctrinal resolutions.
70. Dispute Resolution Panel in Excommunication Matters (Ag. 2049) : A District President had asked
the Commission on Constitutional Matters to respond to the following question:
In a case of "persons involved in excommunication," may a Dispute Resolution Panel be allowed in
place of a District Reconciler, even though Bylaw 8.13 states that District Reconcilers are to be used "in
the following situations arising in the District 1. Procedural questions involved in excommunication
cases?"
In answer to the question, the Commission replied that
Bylaw 8. 11 is nowhere designated as a situation "where the Bylaws specifically provide" that a Dispute
Resolution Panel may be appointed to deal with the issue apart from the use of a reconciler. The general
rule is that the specific controls over the general, and Bylaw 8.13, b, 1 is specific in that it requires the
use of district reconcilers in dealing with "Procedural questions involved in excommunication cases."
In view of these factors, the Commission concludes that in dealing with a case of "persons involved in
excommunication" the procedure involving the use of a district reconciler may not be omitted.
71. Vacancy in the Office of the President of the Minnesota North District (Ag. 2050) : Following the death
of the District President of the Minnesota North District, the Board of Directors of the district had appointed
the First Vice-President on a part-time basis as Acting President of the district. Before taking this action, a
member of the Board had asked for a personal opinion from the Secretary regarding the matter. In that
personal opinion it had been indicated that while the district Bylaws speak of the office of the President as a
full-time position, the circumstances which were involved should be taken into consideration, including the
short time remaining before the district would be in a position to elect a District President. It was also
pointed out that the district Bylaws say that the person filling the vacancy is to "fulfill the duties of the
President." Further, it was noted that the bylaw regarding the district presidency as being a full-time
position followed the bylaws that deal with vacancies, and did not precede them. In keeping with this, it had
been suggested in the personal opinion that consideration might be given to appointing a Vice-President as
Acting President until the district itself could act on the matter.
Following the action of the district Board of Directors, a protest had been lodged regarding the action of the
Board of Directors of the district. It was insisted that the Bylaws were clear in stating that the President was
to be a full-time President and that there were no provisions for an "Acting President." In view of this, it
was stated that the First Vice-president should be required to fill the position full-time.
During the discussion which took place, it was suggested that a decision regarding this matter is really
beyond the jurisdiction of the Commission on Constitutional Matters. The question was raised as to whether
or not the district Constitution Committee might not be the proper group to make the decision. Further, it
was suggested that since the problem is what to do with the congregation and the individual who is now
serving as "Acting President," the question could be asked as to whether there is a mechanism whereby he
might be granted a leave of absence until the time of the district convention. It was also suggested that the
reconciliation process would be the proper avenue for making a decision on this issue.
At the conclusion of the discussion, the Commission asked that the Secretary prepare a response which
would indicate that the Commission had been unable to arrive at a decision after due deliberation of the
matter. It was stated that it should be made clear in any response that the action of the Vice-President who is
now serving as "Acting President" is valid and that the further suggestion be made that the district review its