LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 23, 1998, Page 8

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The Commission believes its discussion of the previous four questions provides a complete response to
the questions posed to it by the district First Vice-President.
181. Recognized Service Organization Use of Dispute Resolution Process (Ag. 2115): The call of a
pastor who was serving a Recognized Service Organization had been rescinded. He had requested that the
board of the RSO utilize the dispute resolution process of the Synod in resolving the differences which he
had with the board. The board of the Recognized Service Organization had declined to do so and felt that it
was not required to follow this procedure. The pastor whose call had been rescinded now asked the
Commission on Constitutional Matters to rule on this issue. He had provided extensive material relating to
the issues. Because of the nature of the situation and the extensive material attached to the request, the
Commission asked the Secretary to contact the pastor and indicate to him that the Commission felt it would
be necessary to meet face-to-face in order to give consideration to the situation and to the extensive material
which had been forwarded. It was agreed that this matter would be discussed at a meeting on Friday, July
10, 1998, before the opening of the synodical convention.
182. Disputes Involving District Presidents (Ag. 2117): Noting that Chapter VIII of the Bylaws describes
the procedure contained therein as the ". . . exclusive remedy to resolve such disputes," namely, those
involving theological doctrinal and ecclesiastical issues, a District President had forwarded the following
questions to the Commission on Constitutional Matters for a response:
1) May a dispute between two District Presidents on an ecclesiastical issue be brought to a convention
of the Synod for resolution?
2) May a dispute between the President of the Synod and a District President on an ecclesiastical issue
be brought to a convention of the Synod for resolution, without having pursued the provisions of
Chapter VIII?
3) May a convention of the Synod adopt a resolution asking the President of the Synod to exercise
synodical discipline or ecclesiastical punishments against a District President without following the
provisions of Chapter VII of the Bylaws of the Synod?
The Commission provided the following response:
In considering its response, the Commission, in addition to Chapter VIII of the Bylaws, identified relevant
Articles of the Constitution and sections of the Bylaws including:
I) Article XI(A)(1 & 2) which states:
1) The officers of the Synod must assume only such rights as have been expressly conferred upon
them by the Synod, and in everything pertaining to their rights and the performance of their duties
they are responsible to the Synod.
2) The Synod at all times has the right to call its officers to account and, if the circumstances require
it, to remove them from office in accordance with Christian procedure.
II) Article XI(B)(1, 2 & 3)
1)

The President has the supervision regarding the doctrine and the administration of
a) All officers of the Synod;
b) All such as are employed by the Synod;