Kieschnick Plans To Reverse Schulz Decision In Benke Case

By: Rev. Jack Cascione
On November 30, 2002, President Kieschnick wrote to all LCMS pastors that he plans to begin action to reverse Second Vice President Wallace Schulz's decision to remove the Atlantic District President from his office.

Kieschnick warns that if Schulz doesn't change his decision to remove Benke as Atlantic District President after his next meeting with Schulz, he will take action to reverse Schulz's decision.

Kieschnick claims that according to a ruling in the August 20 meeting of the Synod's Commission on Constitutional Matters (CCM), he has the authority under Article XI and Bylaw 2.27 c to inform the Synod that Schulz's decision was in error.  This extraordinary decision exempts the LCMS President from being silent about a case in dispute until it is resolved.  The LCMS President appoints the members of the CCM, which is the final authority over the LCMS Constitution unless overturned by the Convention.  The President also appoints all the Floor Committee Chairmen for the Convention.

With a bit of tongue in cheek, Kieschnick writes: "I am not permitted by the Bylaws to comment on the details of the Yankee Stadium case currently under appeal . . . " when he has already informed the entire Synod in writing about the facts of the case and why he disagrees with Schulz.

Kieschnick writes: "Should Dr. Schulz choose not to alter or reverse his action as an individual officer of the Synod in suspending District President Benke . . ."  Kieschnick claims "I will be required to exercise my responsibility" to reverse Schulz.

However, he made this "requirement" of himself.  Nothing in the Constitution says he has to take any action to reverse Schulz other than that he chooses to do so.

Kieschnick lists his three options open to him in reserving Wallace Schulz according to Article XI B 2 and Bylaw 3. 101 B.5.  The President can refer the matter to the LCMS Board of Directors, the Commission on Constitutional Matters, or the Synodical Convention.

I'll stick my neck out and venture a guess that the first place the President will go will be to the CCM, where the Constitution gives him the authority to get an opinion from his own appointees.  The CCM has already supported Kieschnick in three consecutive landmark decisions that exempted the LCMS President from doctrinal review and accountability for his actions to any entity in the Synod except the Convention.

-------------------------------------

The following is the actual quotation from President Kieschnick's letter on
this issue.

A Pastoral Letter to
Pastors of The Lutheran Church--Missouri Synod
From President Jerry Kieschnick

November 30, 2002

Dear Brothers in Christ:
. . .

CALLING UP FOR REVIEW THE ACTION OF AN INDIVIDUAL OFFICER OF THE SYNOD . . .

Though I am not permitted by the Bylaws to comment on the details of the Yankee Stadium case currently under appeal via the dispute resolution process, I am permitted to comment on the process that began this past July of calling up for review the action of the Second Vice President of the Synod, Dr. Wallace Schulz, in suspending the Atlantic District President, Dr. David Benke, from the clergy roster of the LCMS (see CCM minutes of August 20, 2002, at http://www.lcms.org/ccm/min082002.pdf ).

As of the date this email is being written, Vice President Schulz and I have not yet met regarding this issue.  I am carefully and respectfully honoring his request that any reference to the delay in our meeting together should include the information that such delays are related to questions presented to the CCM, first by the Secretary of the Synod (see CCM minutes of August 20, 2002, at http://www.lcms.org/ccm/min082002.pdf ) and subsequently by Dr. Schulz himself (see CCM minutes of October 21-22, 2002, at http://www.lcms.org/ccm/min102102.pdf ).

An excerpt from the August 20 minutes should suffice in summarizing the formal opinions of the CCM concerning these questions:

"Under extraordinary circumstances, such as when an issue is of synod-wide concern and having an immediate and ongoing negative impact on the Synod, the President may choose to exercise his discretion in fulfilling his duties under Article XI. The President's right and/or responsibility to call up for review an action of an investigation officer carrying out the responsibilities of Bylaw 2.27 c flows from his constitutional responsibilities and powers. Similarly, his right and/or responsibility to report to the Synod via pastoral letter flows from his constitutional responsibilities and powers under Article XI."

Now that those questions have been answered by the CCM, Vice President Schulz and I are scheduled to meet together in early December.  Should Dr. Schulz choose not to alter or reverse his action as an individual officer of the Synod in suspending District President Benke, I will be required to exercise my responsibility as follows:

"If the matter cannot be resolved, the President shall refer it to the Synodical Board of Directors, the Commission on Constitutional Matters and/or the Synod in convention as the President deems appropriate to the issues and party/parties involved. (This provision in no way alters the President's constitutional duty to report to the Synod those who do not act in accordance with the Constitution and do not heed his admonitions, as prescribed in Art. XI B 2.)" (Bylaw 3.101 B.5.).

December 5, 2002