To Amend Bylaw 2.14.5 (a–e) regarding Ecclesiastical Supervision

Preamble In our life together as God’s people, it is His will that we live in harmony with one another (Rom. 12:16) and that we forgive one another, just as He has forgiven us (Eph. 4:32; Col. 3:13). Consequently, the foremost ministry of ecclesiastical supervision is not to expel a member from the Synod but to foster repentance and reconciliation, to win and restore the brother and sister (Matt. 18:15–20). This essential ministry of ecclesiastical supervision is best handled by an ecclesiastical supervisor who lives in the midst of those whom he has been elected to supervise since he knows the person who is being supervised. Moreover, he is the one who has been entrusted with this ministry task by the members of Synod when he was elected and installed as its district president. Each district president, in accordance with the Constitution of the Synod, shall supervise the doctrine, life, and official administration of the ordained and commissioned ministers who are members of his district (Const. Art. XII 7; Bylaw 4.4.5). It is the premise of this overture that Bylaw 2.14.5 (a–e), when it grants the power and authority to the President of the Synod to suspend a member of Synod as a “suspending ecclesiastical supervisor,” contradicts Const. Arts. XI A 1; XI B 1–3; XII 7; XII 8 and Bylaw 3.3.1.1.1 (b) of the Synod.

WHEREAS, The Synod in convention “may adopt bylaws that are consistent with and do not contradict the Constitution of the Synod” (Constitution Article XIV); and

WHEREAS, The officers of the Synod “must assume only such rights as have been expressly conferred upon them” (Const. Art. XI A 1); and

WHEREAS, The scope of scope of ecclesiastical supervision granted to the President of the Synod is limited to Const. Art. XI B 1–3 and Bylaw 3.3.1. Consequently, the ecclesiastical supervision over the members of Synod has not been expressly conferred upon the President of the Synod and this right cannot be granted to him unless the Constitution of the Synod is amended by convention action as stated in Const. Art. XV 2–4; and

WHEREAS, Only the President of the Synod and district presidents possess the duties of ecclesiastical supervision and only as specified; in this regard, the President of the Synod does possess “supervision regarding the doctrine and administration of all officers of the Synod, all such as are employed by the Synod, the individual districts of the Synod and all district presidents” (Const. Art. XIB1) and it ishis“duty to see to it that all the aforementioned act in accordance with the Synod’s Constitution, to admonish all who in any way depart from it, and, if such admonition is not heeded, to report such cases to the Synod” (Const. Art. XI B 2); and

WHEREAS, Only the district presidents “especially exercise supervision over the doctrine, life, and administration of office of the ordained and commissioned ministers of their district” (Const. Art. XII 7, emphasis added); and

WHEREAS, Only the district presidents are empowered to suspend from membership ordained and commissioned ministers, and then according to the bylaws of the Synod (Const. Art. XII 8); and

WHEREAS, The President of the Synod “has and always shall have the power to advise, admonish, and reprove, and to conscientiously use all means at his command to promote and maintain unity of doctrine and practice in all the districts of the Synod” (Const Art. XI B 3). However, since only the district presidents are “empowered to suspend from membership ordained and commissioned ministers” (Const. Art. XII 8), suspension cannot be one of the means available to the President of the Synod; and

WHEREAS, Bylaw 2.14.5, when it grants the power and authority to the President of the Synod to suspend a member of Synod as a “suspending ecclesiastical supervisor,” contradicts the Constitution and Bylaws of the Synod (Const. Art. XIV) for the following reasons: The President of the Synod would there by…

• be exercising rights not expressly conferred upon him, contradicting the provisions stated in Const. Art. XI A 1;

• be granted the authority to supervise an individual member of Synod not listed in his scope of ecclesiastical supervision, contradicting the provisions stated in Const. Art. XI B 1;

• be doing more than reporting the matter to Synod in convention, contradicting the provisions stated in Const. Art. XI B 2;

• be granted a power greater than to advise, admonish, and reprove, contradicting the provisions stated in Const. Art. XI B 3;

• be directly supervising an individual member of Synod, contradicting the provisions stated in Const. Art. XII 7;

• be placing an individual member of Synod under suspension there by exercising a power and authority granted only to a district president, contradicting the provisions stated in Const. Art. XII 8;

• no longer be carrying out his ecclesiastical duties through the district president in the districts of the Synod but rather he would be dealing directly with an individual member, contradicting the provisions stated in Bylaw 3.3.1.1.1 (b);

therefore be it

Resolved, That Bylaw 2.14.5 be amended as follows:

PRESENT/PROPOSED WORDING

2.14.5 If the district president determines not to initiate formal proceedings, he shall in writing so inform the accuser, any other district president involved, and the involved member, which shall terminate the matter., subject to the following:

(a) If a matter of doctrine or practice is involved, the accuser may, within 15 days after receipt of such notice, appeal for action by the President of the Synod (Constitution Art. XI B 1–3). The accuser shall so notify the district president, who shall within 15 days: (1) notify the accused and any other district president involved that an appeal for action is underway; and (2) forward the appeal for action, with the record of his investigation and determination and the accuser’s formal written accusation, to the President of the Synod.

(b) The President of the Synod shall, within 15 days of receipt of such appeal for action, consult with the district president.

(c) The President of the Synod may consult with the accuser, the accused, and others involved. He may appoint an investigative committee and / or ask an opinion of the CCM or CTCR, which opinion shall be followed. He shall consult with the vice- presidents of the Synod.

(d) The President of the Synod may, in a matter of doctrine and practice, and within 120 days of receipt of notice, suspend the memberasprovidedinBylaw2.14.6andthen,asthe“suspending ecclesiastical supervisor,” carry out the formal proceedings of Bylaw 2.14.7 and following.

(e) If the determination is made not to initiate formal proceedings, the President of the Synod shall in writing so inform the accuser, any district president involved, and the involved member.