To Require Greater Transparency When Disciplinary Judgments Are Reversed

WHEREAS, Our Lord teaches that “everyone who does wicked things hates the light and does not come to the light, lest his works should be exposed. But whoever does what is true comes to the light” (John 3:20–21); and

WHEREAS, The Eighth Commandment and its explanation in Luther’s Small and Large Catechisms call us both to protect our neighbor’s reputation and to speak truthfully and clearly; and

WHEREAS, The Constitution and Synod Bylaws provide for ecclesiastical supervision, discipline, and expulsion, including the possibility that earlier judgments may be revisited in light of further information; and

WHEREAS, When a matter has been carefully investigated and publicly described as resolved, and especially when that resolution has been communicated to the Synod at large, a subsequent reversal or reopening of the case without clear, substantive explanation can deeply trouble the consciences of pastors and congregations; and

WHEREAS, Vague references to “additional information” or similar phrases, when unaccompanied by a basic explanation of the nature of the concerns and the reasons for reversal, can undermine confidence in both the fairness and the evangelical character of ecclesiastical supervision; therefore be it

Resolved, That the Synod affirm the importance of transparency and clear communication in matters of ecclesiastical discipline, while still honoring legitimate needs for confidentiality and protection of reputations; and be it further

Resolved, That the Synod direct the Commission on Handbook to review and propose amendments to the bylaws relating to ecclesiastical supervision and discipline, such that:

• whenever a prior written conclusion or public statement regarding the resolution of a disciplinary matter is later reversed or superseded by a significantly different action (e.g., removal from the roster, suspension, or public censure), the authority reversing the decision must provide a written rationale to the pastor, the congregation, the district president, and the Council of Presidents, summarizing in general terms:

• the nature of the additional or newly weighted concerns; and

• the reasons why the earlier resolution is no longer judged sufficient; and

• such rationale shall be preserved as part of the record of the case and be available, as appropriate, to any authorized appeals body;

and be it further

Resolved, That any Synodwide or churchwide communication regarding such a reversal or significant disciplinary action be crafted in a manner that

• avoids gossip, speculation, and violation of the Eighth Commandment;

• acknowledges the prior conclusion that is being superseded; and

• provides enough substantive explanation so that pastors and congregations are not left solely with unclear or formulaic phrases that fail to explain why the action was taken;

and be it finally

Resolved, That the Synod encourage all officers and church leaders, when making or communicating difficult decisions, to remember that clear, honest explanation—offered in as charitable and careful a way as possible—is a vital component of evangelical care for the whole Church.