Workbook page: 511
PDF page: 546
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LCMS 2026 Convention Workbook: Reports and Overtures, PDF page 546
do misjudge and ignore real harm to victims and show deference to powerful perpetrators; and WHEREAS, This may leave victims of harm no way to seek redress, apology, amendment of harm, and no way to enforce the award of monetary damages; and WHEREAS, Anything and everything may be secret and undocumented; and WHEREAS, The DRP is effectually a trial and passes judgment on the validity of the complaint; the DRP may damage the career of the accused or leave the complainant further victimized; and WHEREAS, In Scripture, the C onfessions, and normal standards of the secular world, the accused is to see and hear the evidence and both parties receive an impartial, complete examination; and WHEREAS, DRP reconcilers are normal sinful people with varying abilities and have absolute power over the careers of rostered staff and over the individuals who make complaints; and W HEREAS, N o report is made concerning DRP reconcilers ’ success or failure; and the members of the district are unaware and unable to evaluate them for appointment and reappointment; and WHEREAS, DRP is forced arbitration and enforced by non- disclosure under penalty of dismissal from Synod membership and civil judgment; and W HEREAS, DRP forbids the parties from seeking satisfaction in civil courts even though Synod itself takes action in c ivil courts; therefore be it Resolved, That all non-disclosure clauses, including those in the past, are no longer in effect and forbidden in the future; and be it further Resolved, That no one is, as a condition of membership in Synod, forbidden to seek redress in the courts; and be it further Resolved, That each time a reconciler is involved, the parties are to be asked for their evaluation and recommendation about the reconciler to be continued in their position; and be it further Resolved, That a report be made before reappointment of the success/failure rate for each reconciler; and be it further Resolved, That Bylaw 1.10.2 be amended as follows: PRESENT/PROPOSED WORDING Purpose 1.10.2 … It shall be the exclusive suggested remedy to resolve such disputes that involve theological, doctrinal, or ecclesiastical issues except those covered under Bylaw sections 2.14 –2.17 and except as provided in Bylaw 1.10.3, and shall be binding on all parties. It is applicable whether the dispute involves only a difference of opinion without personal animosity or is one that involves ill will and sin that requires repentance and forgiveness. No person, congregation, or agency to whom or to which the provisions of this dispute resolution process are applicable because of their membership in the Synod may render this procedure inapplicable by terminating that membership during the course of the dispute resolution process. Since monetary damages that can only be awarded by civil court, the Dispute Resolution Panel cannot be used as a defense to prevent issues from being heard in the courts. Circuit 3 (Baltimore East) Southeastern District Ov. 10-18 To Require No One to Participate in the Dispute Resolution Process Preamble The Standard Operating Procedures Manual for Bylaw Section 1.10 (December 2023, p. 25; available from lcms.org/ccm ) has as General Provision Y , “Exclusion from Liability ,” the following : “Parties are to understand that the Synod, its reconcilers, its ecclesiastical supervisors, its process administrators, its panels, and all panel members shall be immune from any liability for any acts or omissions that occur during the processes described in Bylaw section 1.10 and this manual.” WHEREAS, This exclusion from liability is effectively an admission of incompetence; and WHEREAS, The Synod has no confidence in the dispute resolution process; therefore be it Resolved, That no one is required to participate in the dispute resolution process. Circuit 3 (Baltimore East) Southeastern District Ov. 10-19 To Allow Parties to Delay Hearing to Await Commission Opinion Preamble Bylaw 1.10.18.1 (h) states: “If any part of the dispute involves a specific question of doctrine or doctrinal application, each party shall have the right to an opinion from the Commission on Theology and Church Relations. If it involves questions of const itution or bylaw interpretation, each party shall have the right to an interpretation from the Commission on Constitutional Matters. The request for an opinion must be made through the Dispute Resolution Panel or Review Panel, which shall determine the wor ding of the question(s).” WHEREAS, The dispute resolution reconciler is not required to forward the request for the opinion without modification; and WHEREAS, A requested opinion may not arrive before the dispute resolution hearing; and WHEREAS, The question, “Can a laywoman on her own authority command a clergyman not to write a letter?” was the core issue in the complaint; the letter truthfully reported the action of the leadership to the congregation; and the dispute resolution reconciler ruled the accusation valid grounds for discipline; therefore be it Resolved, That a p arty may postpone a hearing until the requested opinion is received. Circuit 3 (Baltimore East) Southeastern District Ov. 10-20 To Amend Bylaw 1.10.18.1 (g) to Allow Parties to Record Proceedings Preamble Bylaw 1.10.18.1 (g) includes, “All Dispute Resolution Panel, Appeal Panel, or Review Panel records of disputes in which a final decision has been rendered by the Dispute Resolution Panel, Appeal 2026 Convention Workbook 511ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION