LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 1, 1999, Page 3

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district, or an organization" that are in dispute, how can the Dispute Resolution Process assume
responsibility for adjudicating matters given exclusive to the Commission on Doctrinal Review?
May an individual, whose published work has been the subject of a decision reached by the
Commission on Doctrinal Review, bring the Commission on Doctrinal Review into the Dispute
Resolution Process because he disagrees with the Commission's judgment concerning his work?
The Commission's response: The overall question being asked is whether a member of the Synod may
invoke the dispute resolution process set forth in Chapter VIII of the Bylaws of the Synod in a dispute with
the Synod's Commission on Doctrinal Review after the Commission revoked its certification of a book the
member authored.
Bylaw 8.01 states that the dispute resolution procedure is established to resolve disputes that "involve as
parties members of the Synod, the Synod itself, a District or an organization owned and controlled by the
Synod, persons involved in excommunication or lay members of congregations of the Synod holding
positions with the Synod itself or with Districts or other organizations owned and controlled by the Synod
and shall be the exclusive remedy to resolve such disputes" (1998 Handbook, p. 126). Since in this case the
dispute would be between a member of the Synod and the Synod itself, it is a proper subject for dispute
resolution under Bylaw 8.13, c, which vests in the synodical dispute resolution process general jurisdiction
of all disputes that are not specifically enumerated in Bylaw 8.13, b, and of all cases that fall under Article
XIII of the Constitution (1998 Handbook, pp. 129-130).
Bylaw 11.15 (1998 Handbook, p. 138), however, specifically sets forth the appeals procedure for materials
already published, a procedure that is intended to provide exclusive remedy when doctrinal content
decisions reached by the Commission on Doctrinal Review are challenged. Any use of the dispute
resolution process with this Commission must, therefore, necessarily limit itself to the question of whether
proper procedures were followed by the Commission in reaching its decision.
30. Approval of Changes to a District's Bylaws (99-2141)
A District Secretary submitted two amendments to his District's Bylaws for the Commission's approval. The
changes specify the number of District Board members to constitute a quorum and alter the method of
determining which names of nominees are to be included on the ballot for District President.
After brief discussion, noting that the proposed changes do not conflict with the Constitution and Bylaws of
the Synod, the Commission approved the changes to the District's Bylaws.
31. Adjournment
With no business remaining to be considered by the Commission at this time, the meeting was closed with a
prayer by Dr. Albert Marcis.
Raymond L. Hartwig, Secretary

Commission on Constitutional Matters Minutes - May 5, 1999
32. Opening
Chairman Walter Tesch called the conference call meeting to order with all members of the Commission
present for the meeting. Alan Barber provided an opening prayer.