LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 30, 1998, Page 9

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the date of the final selection of the panel members…" (emphasis added). You will note that the same
verbiage is used throughout Bylaw 8.09, right up to the discussion of the final report of the panel. Given the
definition of "shall" in Bylaw 8.03 ("a word of command that must always be given an imperative or
compulsory meaning"), it is clear that the panel is expected to convene a hearing.
The purposes of the hearing are also made clear. According to Bylaw 8.09, c, 1, the hearing provides
important opportunity for the disputants to provide witnesses to "substantiate the facts relevant to the matter
in dispute" and to have "opportunity fully to present" their respective positions so that the panel will not
need to assume that pre-hearing information has been exhaustive and reliable. Even more importantly, "the
panel shall continue efforts to reconcile the parties on the basis of Christian love and forgiveness," which
remains the primary purpose of the dispute resolution process.
17. Clarification of the Word "Members" in 1998 Res. 3-12A (98-2131)
In a September 29, 1998 letter, a staff member from the synodical President's office requested verification
of the proper definition of the word "member" in Resolution 3-12A of the 1998 Convention of the Synod, as
follows:
Resolution 3-12A, in the second resolved, states, "That we commend the President of the Synod for his
efforts in seeking to have these discussions between members of the Synod and of RIM."
It is our assumption that the word "members" was used in a deliberate sense, that is, to refer to
"members of the Synod" as defined under the Synod's Constitution, Article V….
We wish to have the CCM's verification that our assumption on this point is correct, namely, the use of
the word "members" in Res. 3/12A is to be understood as the term is defined in Synod's Constitution,
Article V. The members of the floor committee that drafted this resolution have informed us that this
was their intention in making use of the word, "member."
The Commission notes, first of all, that the above quotation of the second "Resolved" of Resolution 3-12A
is not entirely accurate and should read, "That we commend the President of the Synod for his efforts in
seeking to have these discussions between members of the Synod continue," as carefully worded by the
Floor Committee.
The Commission, in keeping with its duty to interpret the resolutions adopted by the Synod, rules that the
word "member" in the second resolve of 1998 Resolution 3-12A does indeed refer to members as identified
in Article V of the Synod's Constitution:
Membership in the Synod is held and may be acquired by congregations, ministers of religion—ordained,
and ministers of religion—commissioned, such as teachers, directors of Christian education, directors of
Christian outreach, deaconesses, [parish assistants,]* and certified lay ministers of the Evangelical Lutheran
Church who confess and accept the confessional basis of Article II" (LCMS Constitution, Article V, 1998
Handbook, p. 10).
*Phrase in brackets will become a part of the Constitution and Bylaws if ratified by the congregations of the Synod.

18. Status of a Suspended Congregation while a Decision of a Dispute Resolution Panel is Being
Reviewed (98-2132)
A letter was received from a pastor on September 18, raising questions regarding the status of a pastor and
congregation that have been placed on suspended status during the time that a decision of a Review Panel is
pending: