2006 Annual Gathering Minutes

By Debra Adams Lingen - October 2, 2006

Minutes - Business Section - 6th Annual Gathering

The Honorable G. Barry Anderson called the convention to order in business session at 11:55 A.M on Monday, October 2.

M/S/P To nominate Barry Anderson as temporary convention chair for 2005.

M/S/P To close nominations and elect Barry Anderson temporary convention chair for 2006.

M/S/P To nominate Deb Lingen to serve as temporary secretary for the 2006 convention.

M/S/P To close nominations and elect Deb Lingen as temporary recording secretary for the 2006 convention.

The chair moved to the proposed rules of the convention. The proposed rules were essentially the same as those used in the past, with two modifications: the addition of paragraph 9, relating to the need for an election to fill the position of treasurer; and with respect to the rules of debate, the chair recommended adding language as guidance that provides that speakers are encouraged to yield to those who have not yet spoken to a particular agenda item.

M/P By unanimous consent to adopt Convention Rules 1 through 9 as amended.

Mr. Bill Duff (Church of the Risen Lord, Odessa, TX) proposed the following amendment to the rules:

M/S/ This convention shall add Convention Rule 12: This convention shall require a 60-day notice for amendment of any governing document (Consitution, By-laws, Continuing Resolution.) Said documents shall be in final form.

Discussion of the amendment ensued.

M/S/ To limit the debate and move to a vote on the proposed amendment to the rules (Proposed Rule 12.)

Before calling for the vote, the chair asked for a report of the credentials committee.

M/S/P To grant permission to the chair to appoint the credentials committee for the 2006 convention.

The chair appointed Rev. David Herwick (Our Savior's Lutheran Church, Burien, WA) and Rev. Tony Stoutenburg of (Grace Lutheran Church, Hayward, WI), with the assistance of Mrs. Sharon MacFadyen (LCMC Director of Operations/ Financial Secretary), to the credentials committee.

Stoutenburg reported registrations from 140 delegates, 98 members, and 29 visitors, representing 72 congregations (69 of the 138 U.S. members and 3 international members.)

M/S/P To accept the credentials committee report.

The motion to limit debate on the addition of proposed Rule 12 carried.

The motion to amend the convention rules by adding proposed Rule 12 failed.

A point of clarification was raised regarding whether trustees have voting privileges according to LCMC's governing documents. The chair indicated they do have such privilege and requested further clarification whether that had been reflected in the credentials report.

M/S/P To accept Convention Rules 10 and 11, including the proposed additional language encouraging speakers to yield to those who have not yet spoken to the particular agenda item.

M/S/P To authorize the chair to appoint a Parliamentarian.

The chair appointed Henry M. (Hank) Bohnhoff, Esquire, as Parliamentarian for the convention.

M/S/P To authorize the chair to appoint tellers if necessary.

M/S/P/ To accept the Minutes of the 2005 Convention with the correction of the typographical error in the heading so that it reflects "2005" rather than "2004," and with the insertion of the phrase reflecting that Rev. Tony Stoutenburg "read a letter from Rev. Michael Bonham" updating the convention on the needs for hurricane relief."

Mr. Kirk Dean presented the Treasurer's report. He extended thanks to Sharon MacFadyen, Financial Secretary and Director of Operations, for her work on behalf of LCMC. He also thanked those congregations who support LCMC with their benevolence. Referring to the report in the convention packet, Dean stated that the annual audit report was "clean" with no recommendations for change. The association has approximately $40,000 in assets; a figure that can fluctuate significantly since it primarily reflects cash assets and is impacted by programs the organization is involved in as well as the flow of contributions. Expenditures are primarily telling the story of what LCMC is doing in mission. Dean drew attention to the designated funds for Seminarian Debt Relief and Mission Congregations, also key parts of the asset picture. He corrected a typo on the 2007 Budget Summary (page 9: the right-hand column should reflect "2007") and noted that it is a fairly conservative budget. Donations over the past year are up approximately 13% but we continue to operate frugally. Dean noted that members can refer to the LCMC newsletter for updates. Dean reminded the body that summer has presented a cash flow challenge in the past, but with controlled spending and a conservative approach he is optimistic we will have a positive cash flow this year. If so, LCMC will have the ability to fund additional projects, such as the informational DVD. Dean again thanked the 75 of the 138 U.S. congregations (54%) currently supporting LCMC, and asked the other 63 churches to prayerfully consider supporting the association.

M/S/P To approve the treasurer's report as presented.

The body recessed.

The chair called delegates back into the business session and opened nominations for the office of treasurer. Ms. Sandy Sutter, Atonement Lutheran Church, Fargo, ND, nominated Mr. Kirk Dean for the office of treasurer.

M/S/P To close nominations and to elect Kirk Dean treasurer of the association.

M//P To approve the apportionment of areas for election of trustees for October 2006 as presented under Tab 7 of the convention packet, as recommended by the board of trustees.

M/P To approve the apportionment of areas for election of trustees for October 2007 as presented by under Tab 7, as recommended by the board of trustees, subject to recommendations of the board for congregations added after this date.

The body closed with prayer and recessed; Area 1 and Area 7 met in caucus to nominate candidates for those two available seats on the board of trustees.

Tuesday, October 3rd

The body went back into business session at 10:40 A.M. Rev. Tony Stoutenburg provided a Credentials Committee report updated to include the trustees as voting members, as well as one additional registration, for a total of 149 voting members.

Convention chair Barry Anderson placed before the body suggested by-law changes as provided in the convention packet behind Tab 6, the language under consideration underlined. He noted one editorial correction, indicating the existing by-law 5.06 shall be renumbered to 5.07, and that the board of trustees unanimously recommended the proposed by-law changes affecting sections 5.03, 5.04, 5.05, 5.06, as well as the previously mentioned correction renumbering existing 5.06 to 5.07. The changes, with rationale, moved by the board were as follows:

SUGGESTED BY-LAW CHANGES

At present, the by-laws of Lutheran Congregations in Mission for Christ (LCMC), and continuing resolutions of this association, provide relatively little guidance with respect to the relationship between districts and congregations. A request has been made that this association consider greater specificity in this area of association governance.

The board of trustees recommends that section 5.03 of the LCMC By-laws be amended as set out below. The board of trustees also recommends that new paragraph 5.04 be added to the by-laws and existing paragraphs 5.04 and 5.05 be renumbered 5.05 and 5.06, respectively.

The suggested language in new paragraph 5.04 is intended to provide a procedure for terminating the relationship between a district and LCMC. The proposed language reserves this right to the national convention of the association. There is a strong argument that the procedure for removing a district should parallel the procedure found in section 1.05 of the LCMC by-laws. That procedure essentially gives the right of removal of a member congregation to the board of trustees subject to a confirmation requirement by the national convention. After reflection, recognizing that removing a district likely affects multiple member congregations of this association, as opposed to a single congregation under the provisions of section 1.05 of the By-laws, the Board of Trustees concluded that this authority more properly belonged to the national convention. That said, the possibility of the need for emergency action still exists, and proposed paragraph 5.04 sets out a provision for emergency action.

For purposes of context, this report also includes bylaw provisions 5.04 and 5.05, although the board of trustees is not recommending any changes, other than renumbering, to either of those provisions:

5.03 Congregations, in their sole discretion, may join together in districts and shall adopt governing documents, budgets and other procedures that will allow districts to support the mission of the members of this association. Districts need not be organized along traditional geographic boundaries and may be united by, and organized for the support of, member congregations of this association using such criteria as district member congregations may choose from time to time to adopt. All such district organizations shall be self-supporting and shall be subject to supervision and direction by district member congregations. Districts seeking to affiliate with this association shall acknowledge in writing, in a form approved by the board of trustees for this purpose, the decision to so affiliate and shall also acknowledge consent to be governed by the constitution, by-laws and continuing resolutions of this association.

5.04 This association, by action of the national convention of LCMC, may terminate, for cause, the affiliation between an LCMC district and LCMC by a two-thirds vote of those convention delegates present and voting at an LCMC national convention. A motion to terminate the affiliation of a district with LCMC may be brought by the board of trustees or by any member congregation, provided, however, that the district affected shall be given sixty (60) days written notice of intent to make such a motion. The written notice shall state with specificity the grounds for terminating the affiliation of the district to LCMC. Termination of a district/LCMC affiliation shall not in any way affect the status of member congregations of this association. In the event of emergency circumstances, the board of trustees, after notice to the affected district and upon a three quarters (3/4) vote of the board of trustees, may suspend the affiliation of a district to LCMC, pending final action at the next annual convention of LCMC.

5.05 Districts shall have such powers to promote and accomplish the objectives of this association that are specifically granted to those districts by member congregations and not otherwise prohibited by these by-laws or the constitution of this association.

5.06 Unless otherwise prohibited by these by-laws or the constitution of this association, congregations shall be free to organize in a manner deemed most effective by those congregations in support of the purpose and objectives of this association.

5.07. There shall be no specific quotas for service on association boards, commissions, task forces, committees or the board of trustees.

The convention chair called on the board chairman, Rev. Dale Wolf, to comment on the proposed bylaw changes on behalf of the trustees. Wolf noted that over the past year the board has engaged in considerable conversation about the relationships between the various entities of LCMC. The trustees have been asked to deal with differences of opinion and conflicts within the association, but LCMC's governing documents contain very little language addressing those relationships. Therefore, the trustees believe it would be helpful to clarify and detail what it means to be a district of LCMC. To that end they have proposed establishing minimal expectations for accountability, including knowing who districts are, who their leadership is, who their member congregations are, and what pastors are serving those congregations. This information would be helpful both within our association and if there is some question of liability. The trustees are also recommending language detailing how disputes with districts are to be handled.

Requiring no second, the chair opened the floor for discussion.

Rev. Michael Mueller, Church of the Risen Lord, Odessa, TX requested clarification on what information the form would be collecting, whether existing districts would need to reapply, and why the clergy list couldn't be the responsibility of congregations rather than districts. The chair responded that the information to be collected is set forth in the proposed continuing resolution to be taken up after the proposed bylaw change. With respect to the question regarding reapplication, the chair observed that the language doesn't speak in terms of reapplication but rather says that "Districts seeking to affiliate with this association shall acknowledge in writing, in a form approved by the board of trustees for this purpose, the decision to so affiliate and shall also acknowledge consent to be governed by the constitution, by-laws and continuing resolutions of this association." There is nothing in the language that speaks of application, but rather simply acknowledgment in writing, and though not specifically stated, the chair interprets the language to mean that all districts would be expected to do that should the proposed changes pass and become effective in a year.

Rev. Bruce Gamache', St Peter's of Walmore, Sanborn, NY, asked for a point of clarification on whether the proposed language for district accountability paralleled the language and expectations of accountability for congregations and pastors. The chair affirmed that the language of 5.03 does appear elsewhere in the bylaws as relating to congregations.

Mr. Bill Duff, Church of the Risen Lord, Odessa, TX and the Augsburg Lutheran Churches, stated they have experienced "spamming" and inquired about the acceptability of a friendly amendment to the effect that district information would be provided to the board of trustees but such information would not be for publication. The chairman suggested that an amendment dealing with the provision of data would most appropriately be made to the proposed continuing resolution because it addresses the obligations of the districts.

Mr. Duff claimed a point of order stating that Augsburg Lutheran Churches has member congregations that are presently not members of the LCMC, belonging to other organizations and with clergy rostered elsewhere. He claimed a second point of order, stating that congregations have voice and vote, but districts have neither voice nor vote in these proceedings. He questioned how districts could submit to control without voice and vote, due process, rights of appeal, and representation.

Rev. Kent Wallace, Our Savior's Lutheran, Callender, IA, spoke to the matter Mr. Duff raised regarding the Augsburg district and its acceptance of members who do not also simultaneously and by inclusion automatically become members of LCMC. Wallace, a former Augsburg member, said the issue was raised a year ago and continues to be an issue: are districts separate entities that can entertain membership from congregations that do not also join LCMC? If so, he expressed the opinion that they are then not a district but a church in and of themselves. The chair expressed the opinion that there is presently no requirement in the bylaws that a district include on its roster only congregations who desire to join LCMC; and further that whether that should or should not be a requirement exceeds the scope of the bylaw under discussion.

Rev. Tony Stoutenburg, Grace Lutheran, Hayward, WI, stated his belief that membership in a district needs to be a matter of public record and public knowledge because, as we are currently structured, districts are charged with certifying and colloquying pastors on the LCMC clergy list. He questioned if there are individuals who are not willing to join LCMC why they are bothering to be part of a colloquy process telling us who our pastors can be. He also noted that there are mechanisms that can be put in place to prevent "spamming."

Mr. John Chatelain, member from Lutheran Church of the Master, Omaha, NE, spoke to his vision of freedom within LCMC. He expressed concern the proposed changes appear to have a blueprint for creating a hierarchy. The design paradigm for LCMC was for congregations to relate directly to and from the national assembly, choosing to join districts if they wanted to. He is concerned that LCMC may be moving to a linear hierarchy and that at some point in the future congregations might be shut out from discussions at the national assembly by people of ill will. He further stated he would not categorically reject the proposal but would urge caution so congregations always be a part of the process.

Rev. Mark VanderTuig, Lutheran Church of the Cross, Altoona, IA, spoke in favor of the proposal, drawing the distinction between authority and power. He doesn't see the proposal as a power play, but rather as a willingness to submit to a greater authority, recognizing that we are all called to do that in various areas of our lives. VanderTuig recognizes that he and LCC are members of an association that spans the globe, and that they joined because they wanted to be accountable to other LCMC members. As a long-time member of the LCMC Ministry Board he is excited about what we are doing in LCMC, but also sees some of the difficulties in managing the process and sees a real need for accountability among the districts.

Rev. Jeff Nellermoe of Good Shepherd Lutheran Church, Salt Lake City, Utah, spoke in favor of the proposed amendments and with gratitude to God for the fine conversation that is being conducted in a spirit of love. He favors having something at the end of the day that is descriptive, proscriptive and serves as a standard from which we can measure.

Chaplain John Rasmussen, Augsburg Lutheran Churches, related that leaders of Augsburg had met the previous evening with some members of the board of trustees in an effort to resolve tensions. It was his opinion that the members of the LCMC board of trustees are of the highest quality and character and referred to Matthew 18 as Christ's template.

Mr. Bill Duff claimed a point of information concerning the charter of the Augsburg Lutheran Churches under the laws of the state of Minnesota and his understanding of governance and how it relates to the relationship between Augsburg and LCMC. The chair responded that, without giving legal advice, his understanding of the bylaw as drafted deals with the affiliation between LCMC and districts not in the sense of controlling what districts do. He further referred Mr. Duff to paragraph 1 of the proposed continuing resolution.

Rev. Nathan Hanson, Romsdal Lutheran Church, Hudson, SD, moved the question.

M/S/P The question was called to limit debate on the proposed bylaw amendment.

The chair called for a standing vote. The motion to limit debate passed with the required support of 2/3 of those authorized to vote.

The chair then moved to the question on the proposed Bylaw Amendments, 5.03 and 5.04, and the subsequent renumbering of Bylaws 5.05, 5.06, and 5.07. He reminded the body the changes will become effective at the next annual convention unless a majority of LCMC member churches reject them. The amendments passed as recommended with an overwhelming majority evidenced by a standing vote.

The chair moved the proposed Continuing Resolution, as presented in the convention packet:

Continuing Resolution

This continuing resolution is made and entered into by the national convention of Lutheran Congregations in Mission for Christ (LCMC).

RECITALS:

1. LCMC is a national association of Lutheran congregations the affairs of which are governed by the constitution, by-laws and continuing resolutions of this association;
2. The by-laws of this association specifically permit, and encourage, congregations to "join together in districts" for the purpose of promoting and accomplishing "the objectives of this association," as provided in sections 5.03 and 5.04 of these by-laws;
3. The national convention of LCMC is the "legislative authority of LCMC," as provided in section 6.01 of the by-laws of this association, and in that capacity adopts this resolution to provide a legislative framework for the relationship between districts and LCMC.

NOW THEREFORE BE IT RESOLVED:

1. Statement of purpose and limitation. The national convention of LCMC acknowledges that under the by-laws and constitution of this association, member congregations are free to join other associations, districts and organizations that will support the Great Commission and that will otherwise fulfill the goals of this association, and nothing in this resolution is intended to restrict the ability of congregations, in the sole discretion of congregations, to join organizations which fulfill these criteria. Nothing in this resolution is intended to restrict the ability of the Board of Trustees to properly manage the affairs of the association, as provided by the Constitution and By-Laws of the Association.
2. Written consent. Districts which desire to affiliate with this association shall do so in writing, in a form to be approved by the board of trustees, and shall agree to be bound by the constitution, by-laws and continuing resolutions of this association.
3. Obligations of the Board of Trustees. The board of trustees of LCMC shall keep districts informed of developments that may affect districts including but not limited to the prompt posting to the LCMC website in any changes in membership or to the various pastoral lists maintained by this association. The board of trustees shall provide to district leadership, as designated by the affiliated district, copies of communications to member congregations of the association.
4. Obligations of LCMC districts. LCMC districts shall cooperate with each other, as well as with the Board of Trustees and employees of this association, in fulfilling the goals and objectives of this association. LCMC districts shall provide to the LCMC Board of Trustees or its designee, and shall keep current, lists of member congregations and pastors serving those congregations. Ministry committees of LCMC districts are expected to fully, completely and thoroughly cooperate with each other, and with the national ministry board, in the exchange of information and in any candidacy or colloquy process with respect to pastors seeking a call to any member congregation of this association. Cooperation with respect to ministry matters includes but is not limited to notification to all other LCMC districts of pastors who seek approval of, or certification from, a district ministry committee. This requirement for cooperation and exchange of information is subject to reasonable confidentiality requirements unique to the call process and subject to other requirements as may be imposed by law.

Mr. Bill Duff, Church of the Risen Lord, Odessa, TX, moved to limit debate on the proposed Continuing Resolution. The motion was seconded and carried.

The proposed motion entitled "Continuing Resolution" was passed as presented.

The chair asked for any other matters to come before the body. Rev. Kent Wallace rose to make a motion.

A point of order was raised by Rev. Michael Mueller. He posited that because the Augsburg Lutheran Churches is a separately incorporated body with its own disciplinary process and due process, and suggested it is therefore the appropriate body to investigate and act on the impending disciplinary matters to be raised by the impending motion. He also recognized that the national body subsequently could review any Augsburg action.

The chair ruled that the national convention of congregational delegates is the legislative authority for the LCMC, and the powers of the national convention are limited only by the Articles of Incorporation, Constitution and Bylaws of this Association, and the national convention's own resolutions, and therefore the assumed topic of discussion is appropriate for conversation by the national body. The chair further stated he had not reviewed the resolution; while that left open the possibility its contents could make it subject to challenge, Anderson ruled the discussion would continue.

Rev. Kent Wallace, Our Savior's Lutheran, Callender, IA, rose to offer a motion on behalf of the group of people standing with him who represented ten congregations experiencing problems within the Augsburg district. The group believes the resolution to be their last resort, having followed Matthew 18 to the letter:

Motion for an Investigation and Discipline Process of the Augsburg Lutheran Churches District of Lutheran Congregations in Mission for Christ for the Sake of the Peace and Unity of LCMC

WHEREAS, yesterday, John Ortberg addressed this convention and stated that unresolved conflict is a violation of the Body of Christ, and

WHEREAS, Augsburg Lutheran Churches (f.k.a. Augsburg Lutheran District, hereinafter ALC) has had a substantial part of its membership - congregations, individuals and pastors - resign from the ALC; and

WHEREAS at least some of the individuals and congregations that left ALC did so amid allegations of misfeasance and malfeasance by the district and its leadership, (which includes but is not limited to the executive chair and committee,) and

WHEREAS some who have departed ALC in the last year have reason to believe that misfeasance and malfeasance continues within the district and in its contacts with potential members, and

WHEREAS unresolved conflict and/or malfeasance by any district or its leadership places LCMC in possible violation of its own governing documents, vision and mission statement, and

WHEREAS it would be inappropriate to attempt to conduct the necessary full and fair investigation on the floor of this assembly, and,

WHEREAS multiple attempts to exercise the first two steps of Matthew 18 (verses 15-17) have been exhausted and rebuffed, and the third step of Matthew 18, to bring the matter before the whole church, is now necessary, therefore,

BE IT RESOLVED:

1. That the LCMC Board of Trustees is instructed to establish a Committee of Investigation to receive and review allegations against ALC and its leadership. The Board shall make such provisions as they deem necessary to safeguard the fairness and impartiality of this Committee and to protect it from intimidation.
2. The Committee of Investigation (hereinafter the Committee) shall, for a period of 60 days, beginning on November 1, 2006, receive written testimony expressing concerns and grievances regarding ALC and it's leadership. No extension of time shall be granted for testimony.
3. The Committee shall, no later than February 1, 2007, prepare and submit in writing to ALC and its Executive Chair, a letter stipulating the concerns and grievances received. This letter shall be sent by registered US mail, with return receipt.
4. Upon receipt of this letter, ALC and its leadership shall have 60 days to offer written rebuttal to all concerns and grievances expressed therein. No extension of time shall be granted for rebuttal.
5. Should the Executive Chair of ALC refuse to take receipt of the registered US mail addressed from the Committee, or make themselves unavailable to receive the letter, the Committee shall notify the Board, and a plea of no contest will be entered into the records of LCMC. If ALC or its leadership fail to rebut the concerns and grievances within 60 days of receiving the letter, the Committee shall notify the Board, and a plea of no contest will be entered into the LCMC records. No extension of time shall be granted.
6. Upon receipt of the rebuttal, the Committee will review the charges and the rebuttal. They will make a complete report and recommendation to the Board of Trustee's within 30 days of receiving the rebuttal. Recommendations can include, but are not limited to removal of the district from LCMC, removal of individuals from LCMC and/or its clergy list, or no action.
7. Upon receipt of the report, the Board of Trustees will have a period of 30 days to review the report and act on the recommendations of the Committee. The Board is not limited to the recommendations of the Committee.
8. Should the Board of Trustee's find that any of the concerns and grievances are warranted and supported by the testimony presented, or if a plea of no contest is entered on the behalf the ALC, the Board will have the authority to remove ALC and its leaders from LCMC. The Board will then report to the 2007 National Gathering and all LCMC Congregations on its decision and rationale.
9. Removal of ALC and it's leadership shall not affect individual LCMC congregations or their pastors or members who are not in ALC leadership positions.
10. Should the Board of Trustee's find that ALC or its leaders has not acted in any manner alleged in the concerns and grievances, a written letter of apology will be sent to ALC through it's leadership with a copy to all congregational presidents and pastors of LCMC, so that the peace and unity for the good and mission of LCMC may continue.

The motion was seconded. Copies were distributed to the body.

Mr. Bill Duff, Church of the Risen Lord, Odessa, TX, rose to claim a point of order. He offered a substitute motion:

The LCMC Discipline Referral:

Whereas, rumors of misconduct within the governance of the Augsburg Lutheran Churches and its Clergy Roster have been circulating for over a year, and

These rumors if true, cast doubt upon the public character of the Augsburg Lutheran Churches and the Chair of the Augsburg Lutheran Churches, and

These rumors if false, cast doubt upon the public character of (NOTE: the speaker departed from the remainder of the written motion which was submitted as follows, and requested a list of names of those standing who wished to engage in this process):

_______________________, _______________________, _______________________, _______________________, _______________________, _______________________, _______________________, _______________________, and

The Augsburg Lutheran Churches (ALC) has jurisdiction, is the proper venue and has an established discipline system incorporating rights of due process and appeal

Now therefore, The LCMC hereby refers this matter to the ALC, and

The ALC shall investigate the validity of these charges, and prepare a report of their factual findings regarding the validity of these charges, and determine if these findings constitute a violation of the behavior code expected of clergy, and make a determination of the guilty party(ies), and assess appropriate penalties for the guilty party(ies), and

The ALC shall subsequently report back the results of this investigation to the LCMC Board of Trustees, and LCMC Ministry Board, and

The LCMC shall not have jurisdiction to hear appeals regarding the factual findings, but shall have jurisdiction to hear appeals related to due process rights and the appropriateness of the penalties assessed, and

The ALC, LCMC Board of Trustees and LCMC Ministry Board will report the findings to the LCMC General Convention.

In response to a point of order by Rev. Michael Mueller the chair requested that the authors of the original motion identify themselves. Rev. Kent S. "Tony" Stoutenburg (Grace Lutheran Church, Hayward, WI) responded and identified the authors as Rev. Kent Wallace (Our Saviour's Lutheran Church, Callender, IA), Rev. Warren Baker (Redeemer Lutheran Church, Estherville, IA), Rev. Doug Vaughn (Resurrection Lutheran Church, Springfield, OR), Rev. Keith Menter (Elk Horn Lutheran Church, Elk Horn, IA) and Rev. Tony Stoutenburg.

The substitute motion was seconded. Because the substitute motion was not read in its entirety the chair clarified to the body the subject before it, and opened discussion on the substitute motion.

Rev. Stoutenburg rose to speak against the substitute motion, noting it is extraordinarily difficult to investigate and judge ourselves, and in favor of an outside, independent body. He noted that this does not preclude Augsburg conducting an internal investigation.

Rev. Bruce Gamache' (St. Peter's of Walmore, Sanborn, NY) rose for a point of information, asking for clarification on whether the body was going to be informed on what had occurred that might require discipline, or whether the referral decision had to be made without knowledge of the specifics. The chair indicated his understanding that the intent of both the original motion and substitute motion was to deal with the investigative process by removing the actual process from the convention and assigning it to the body it deems appropriate for handling the issues in an orderly process. Rev. Gamache asked further clarification that the original proposal is asking the body to give the board of trustees permission to take action that would in future be allowed under the Bylaws as just amended by the body. The chair affirmed that analysis, and, because the issues raised predate the acceptance of the Bylaw amendments, the chair also affirmed his ruling of the appropriateness of the discussion. Rev. Gamache then asked for clarification that the original resolution gives the board authority to act without waiting another year until the next convention. The chair affirmed that analysis.

Mr. John Chatelain spoke in support of the substitute resolution. It was his position that the matters were squarely within the governance of Augsburg and should be first investigated by ALC. He stated that ALC had already conducted an investigation, and asked to defer some of his speaking time so that Rev. Michael Mueller could describe that process and ALC's proposal.

The chair accepted the suggestion that Rev. Mueller present said information, but ruled against time deferral, calling on the next speaker in line to address the body first.

Rev. Keith Menter spoke against the substitute motion, on the basis of desiring an impartial committee that would hear both sides, balance the information, and then make a recommendation to the trustees. He contended that passing the substitute motion places Augsburg "in the driver's seat" in the investigatory process.

The chair then called on Rev. Michael Mueller to describe the process enacted by the Augsburg Lutheran Churches district on this matter. Rev. Mueller stated that this summer ALC enacted a disciplinary process for members, congregations, clergy, and ALC officers. Written allegations with sufficient evidence trigger an appointment of a lead investigator by the Augsburg district pastor. The investigator seeks information from the parties involved as well as any others they deem necessary. If the prosecutor finds sufficient cause for an adjudicatory process a jury of peers is called and an adversarial process ensues to determine the facts. If the allegations are sustained there is either an appeals process, with an appeals committee, or if there is no appeal it goes to the board to determine appropriate punishment. (In this case, with the ALC board a party to the action, then a separate committee is put together.) Rev. Mueller stated that in his point of order he was also indicating that since these allegations would also involve LCMC membership for those ALC officers, then the information would then be turned over to the LCMC board for further processing.

Rev. Perry Toso (Church of the Good Shepherd, Florence, AL) noted that he and his congregation are former members of Augsburg now "orphaned" along with ten others. He argued that the original motion deals with affiliation with the LCMC-it is not a private matter of the ALC and it deals with the relationship of the ALC to the LCMC. Thus, it would be extremely improper for it to be characterized as a private matter to be handled only by the ALC. He stated that those who proposed the original motion are seeking voice at the assembly who have not had voice at this assembly nor prior to it, and that the ten had such a wide and deep range of grievances that it needs to be properly judged by the appropriate body within LCMC.

Rev. Michael Bonham (Peace Lutheran Church, Gulf Shores, AL) spoke in opposition to the substitute motion. He noted that while Peace is not necessarily a signatory to the original motion, the church also left the ALC. In doing so they focused on process. When the dispute arose at the Florence, Alabama ALC assembly those seeking voice were not heard. Pr. Bonham further stated that there are complaints and issues to be dealt with and this has become their only recourse. He referred to the ALC disciplinary process as relatively new, and noted that Peace had offered to mediate the dispute that arose in Florence, so it would be dealt with and would not need to be brought to the larger body. He apologized that it has been, but said that when voices are not heard Matthew directs that the issue be brought to the larger body, which is then charged with the responsibility. He stated this is no longer an ALC issue, it is an issue of understanding Matthew. Pr. Bonham reiterated that he and his congregation tried to deal with this issue and thus support for those requesting investigation, but also stated clearly that he had warned there must be a factual basis to the charges. Pr. Bonham grieved for the ALC, a body his church loved and respected but which he characterized as having fallen apart, and indicated that investigation by an independent body is essential, stating that two years of turmoil was enough.

Mr. Don Albright (associate member, Omaha, NE) spoke in support of the original motion and in opposition to the substitute on the basis of needing an independent body to investigate. He drew a parallel by noting his service as church treasurer, as treasurer for another volunteer organization, and as a former treasurer of the Augsburg district, and noted that he has never been offered the opportunity to audit his own books.

Mr. Bill Duff rose to claim a point of information. He asked the chair to point out where the authority is in Bylaw 5.03 and 5.04 that would authorize the body to act on the original motion and grant jurisdiction over past events. The chair again ruled that the resolution as presented deals with affiliation and the grounds for continued affiliation with LCMC and as such is covered under section 6.01 of the Bylaws. The chair reiterated that the national convention of delegates is the legislative authority for the LCMC; that the powers of the national convention are limited only by the Articles of Incorporation, Constitution and Bylaws of this Association, and the national convention's own resolutions; and once again ruled that the national body does have the authority to act on these matters.

Rev. Mark VanderTuig spoke in support of the original motion and in opposition to the substitute. He expressed gratitude that LCMC can have this conversation, . He spoke in favor of external accountability noting that even with independence the association can and should hold its members accountable so the churches and the association can move forward and focus on Jesus Christ.

Rev. Keith Menter again spoke in opposition to the substitute motion, noting that it places the authority to investigate in the institution (ALC) itself, noting that arguments in support of it effectively cut off the voice of those who feel they have been wronged.

Mr. John Chatelain offered two perspectives: legal, and marketing or business. From a legal perspective he likened LCMC as moving in the direction of a federal system, and stated his belief that the delineation has not been made clear between "state" (district) and "federal" (national) authority. He urged caution about giving the trustees authority to act on a matter he believes to be within the jurisdiction of the district. From a marketing perspective, Chatelain stated his understanding of geographic and non-graphic districts, allowing for free association for churches to go where they are best served. He stated that if it is true ten congregations left the Augsburg district they had every right to do so, but having left the district they should not continue to complain about it.

Rev. Rich Gregory (Life Song Christian Communities, Newbury Park, CA) thanked the makers of the original motion for presenting it in love.

Mr. Bill Duff rose to claim a point of privilege, asking whether the Ministry Standards proposed at the Altoona convention the previous year are in effect. The chair stated he believed those standards were offered two years ago and became effective last year. Mr. Duff then stated that matters of conduct are governed by an existing ministry standard, including false accusations. The chair stated he would have to review specifics, but in general anything in the proposed resolution that conflicts with the adopted Ministry Standards would not be in order. Mr. Duff then explained he was inquiring about jurisdiction, as specifically applies to accusations. The chair gave a general ruling that the Ministry Standards required a positive response from the congregations; we have had that and they would take precedence.

Rev. Tim White (Trinity Lutheran Church, Columbus, NE) called for the question on the substitute motion. The motion was seconded. The chair re-read the Substitute Resolution on the LCMC Discipline Referral. The vote to limit debate passed.

The substitute motion failed.

The body continued discussion on the main motion for an Investigation and Discipline Process of the Augsburg Lutheran Churches District of Lutheran Congregations in Mission for Christ.

Rev. Larry Lystig (member; LCMC Pastor Emeritus) has served three churches that were members of Augsburg, or considering membership, and has also served as Acting Executive Director of the Augsburg district. While he noted that this background gives him knowledge of the matter before the body, he rose to speak as a pastor because we are trying to deal in Christian love with a matter that affects many people and has brought much grief and trauma to the body of Christ. We are trying to bring some resolution to that situation in a way that will enable this body to grow, to heal, and to continue. He reminded the convention that we are dealing with the body of Christ: when one member of the body hurts we all hurt. Rev. Lystig supports the motion and the people who stood to propose it because they come from congregations that have been grievously hurt.

Rev. Tony Stoutenburg rose to speak to the new folks attending an LCMC convention, who might wonder what they've gotten themselves into. He spoke about the resolution as a process for airing grievances. He noted that there are no specific allegations in the resolution but there are rumors, so this is about doing what Jesus said: not talking about each other, but talking to each other. Rev. Stoutenburg further stated that unfortunately many of those affected are not in attendance, and just as John and Lenae Rasmussen asked for a process the previous day, so these folks are asking for a process to address their grievances. That is why they want an independent body to investigate, and if they are found wrong then they will issue letters of apology.

Mr. Kenneth Klinkenberg (Christ Lutheran Church, Palm Coast, FL) called for the question to limit debate on the proposed motion. His motion was seconded and passed, limiting debate.

In a point of order, Mr. Bill Duff requested that the minutes reflect one vote present.

The chair indicated his intention to abstain from voting on the matter, acknowledging it to be a decision made by each individual member of the board of trustees.

The main motion, a resolution entitled "Motion for an Investigation and Discipline Process of the Augsburg Lutheran Churches District of Lutheran Congregations in Mission for Christ for the Sake of the Peace and Unity of LCMC" carried.

In a point of order, Mr. Bill Dufff requested that the minutes reflect one vote present.

The convention chair turned over the floor to Rev. Dale Wolf, chairman of the board of trustees. Rev. Wolf congratulated the bofy for the dignity by which it had conducted the conversation and pledged that we will deal with matters as fairly, honestly and carefully for involved as possible. He then led the body in a prayer for healing, faith, and guidance for the association.

Rev. Kip Tyler, chair of the LCMC Ministry Board, reported on behalf of the Ministry Board. He noted their work is a challenge because as they address one issue they unearth several more. Rev. Tyler discussed the different designations for pastors on the LCMC clergy list. The LCMC web site clergy list reflects only those who are academically certified pastors (holding at least an MDiv or its equivalent) actively serving LCMC congregations. Those who are serving in contract calls can be found by checking the list of member congregations. LCMC also has a list of emeritus pastors who are academically certified and may be open to call, as well as a list of those who are academically certified and available for call. Ministry board has recommended to the trustees a change in language for the latter, suggesting instead the term "seeking call." He invited attendees to attend the Ministry Board breakout session to pose questions or offer input on this matter. Tyler thanked Rev. Mark Vander Tuig and Rev. Bob Nordvall for their terms of service on the Ministry Board and announced that the trustees have approved the appointments of Rev. Tim White and Rev. Paul Spaulding to take up those terms. Rev. Tyler will step down as chair but will complete his appointed term of service. The Ministry Board has appointed Rev. Spaulding to act as their new chair.

The convention chair recognized Rev. Norm David (Christ Evangelical Lutheran Church, Belmont, MA) who requested a point of privilege to introduce Mr. Mark Erlichmann, a 3rd year seminarian in Silver Spring, MD. Mark will soon be available for call and has a number of innovative approaches for dealing with special needs ministries and ministries to the deaf. Rev. David invited suggestions for these ministries.

Some months ago the board of trustees adopted the following resolution, primarily authored by Mr. John Chatelain, former treasurer of LCMC, as an internal working document for the trustees.

The chair noted that a copy of that previously adopted resolution was included in the convention packet for informational purposes and because the board invited discussion on it:

RESOLUTION DEFINING CAUSE FOR REMOVAL OF A BOARD MEMBER FROM THE

BOARD OF TRUSTEES OF LCMC

RECITALS

1. WHEREAS, the National Convention of LCMC adopted the following new bylaw at the 2005 Annual gathering of LCMC:

7.08 A member of the Board of Trustees may be removed for cause by two-thirds vote of the remaining members of the Board of Trustees, following written notice to the board member of the grounds for removal. The National Convention may, by resolution, further define cause permitting board member removal and may also specify additional procedures to be followed in connection with a motion to remove a board member.

2. WHEREAS, it is in the best interests of the association to adopt further guidelines and procedures to be followed in connection with a motion to remove a board member, subject to the right of the National Convention of LCMC to adopt, ratify, amend or reject these procedures;
3. WHEREAS, language similar to section 7.08 of the bylaws of LCMC is found in section 8.05 dealing with removal of the treasurer and additional definition and language supplied by this resolution is necessary to properly implement section 8.05 of the bylaws, as amended by the 2005 National Convention of LCMC, and section 7.08 of the bylaws of LCMC, as enacted by the National Convention of LCMC.

NOW THEREFORE BE IT RESOLVED, that the board of trustees adopts the following as guidelines for interpreting and implementing the "for cause" requirements of paragraphs 7.08 and 8.05, and any other relevant bylaws, of the bylaws of Lutheran Congregations in Mission for Christ:

Failure of a Board member to adhere to the following nonexclusive description of board member standards of behavior may be considered by the members of the Board of Trustees as sufficient grounds for cause to remove a board member:

A. Board members shall avoid conduct or actions that result in conviction of a felony or gross misdemeanor crime or investigation or prosecution by appropriate governmental authorities of a board member for felonious or gross misdemeanor conduct;
B. Board members shall at all times possess and follow the highest moral and ethical standards in both the personal and the professional aspects of their lives. Appropriate ethical behavior includes avoiding all forms of deceit, sexual misconduct, financial mismanagement or even the appearance of such activities;
C. Board members shall comply with all board governance procedures and practices including but not limited to the documenting of expenses and the seeking of reimbursement only for expenses benefiting the organization and authorized by organizational policy;
D. Board members should regularly attend the meetings of the board, offering helpful and constructive advice to the board, engage in debate and voting in meetings according to procedure, and shall maintain a respectful attitude toward the opinions of others and, once a decision has been made, shall abide by the decision;
E. Board members shall, at all times, be supportive and respectful to other members of the board, employees of the association, member congregations and districts of the association, avoiding speech and behavior intended to be unnecessarily disruptive or disparaging toward any of the above;
F. Members of the Board of Trustees shall avoid discriminating between districts, either favorably or unfavorably, and shall specifically avoid advocating, directly or indirectly, that potential new member congregations join a particular district.
G. Recognizing the inherent conflict of interests, Board members who hold positions of leadership in LCMC districts, in addition to serving on the LCMC board, should avoid using the color of office as a board member to settle disputes or to otherwise dictate policy within any congregation or district ;
H. Each board member shall abide by all legal duties and responsibilities owed by directors to nonprofit corporations as are set out in applicable statutory and case law.

Rev. Tony Stoutenburg (Grace Lutheran Church, Hayward, WI) offered the following resolution, with rationale, revising the guidelines for trustee removal:

RESOLUTION DEFINING CAUSE FOR REMOVAL OF A BOARD MEMBER

As Christians, we are given the fruits of the Spirit, namely "love, joy, peace, patience, kindness, goodness, faithfulness, gentleness and self-control." (Galatians 5:22-23) Living out these gifts as forgiven sinners means that we need ethical standards.

These are the Standards of Ethical Behavior for Trustees of LCMC. These, along with mitigating circumstances, and the LCMC Statement of Faith, may be considered by the members of the Board of Trustees as sufficient grounds for cause to remove a board member:

A. Board members shall avoid conduct or actions that result in conviction of a felony or gross misdemeanor crime or investigation or prosecution by appropriate governmental authorities of a board member for felonious or gross misdemeanor conduct;
B. Board members shall strive to follow the highest moral and ethical standards in both the personal and the professional aspects of their lives. Appropriate ethical behavior includes avoiding deceit, sexual misconduct, or financial mismanagement;
C. Board members shall comply with all board governance procedures and practices including but not limited to the documenting of expenses and the seeking of reimbursement only for expenses benefiting the organization and authorized by organizational policy;
D. Board members shall make every reasonable effort to attend and participate in the meetings of the board;
E. As members of the Board, once a decision has been made, Trustees shall abide by and implement the decision. This shall not be construed to restrict trustees, as members of LCMC from advocating for a change or different position within the association.
F. Board members shall strive to be supportive and respectful to other members of the board, employees of the association, member congregations and districts of the association,
G. Members of the Board of Trustees shall avoid discriminating between districts, either favorably or unfavorably, and shall specifically avoid advocating, directly or indirectly, that potential new member congregations join a particular district;
H. Board members shall not simultaneously hold positions of leadership in LCMC districts, in addition to serving on the LCMC board;
I. Unless authorized by the full Board, Trustees shall not intervene to settle disputes or to otherwise dictate policy within any congregation or district, except at the request of a congregation or district following its regular governing procedures;
J. Each board member shall abide by all legal duties and responsibilities owed by directors to nonprofit corporations as are set out in applicable statutory and case law.

The amended Resolution was moved by Rev. Kent Wallace, and seconded. The chair opened discussion.

Mr. Chatelain acknowledged authorship for internal purposes. He stated he found the proposed revisions helpful and requested discussion be suspended pending distribution of copies for study. By unanimous consent the assembly suspended it to the later business meeting pending said distribution of copies.

The chair noted that the trustees' desire to bring a variety of seminary options before the body, none of which are particularly endorsed by the board. Due to a scheduling conflict, the chair suspended the agenda and allowed Dr. Dennis Bielfeldt to present information to the body about an autonomous and fully accredited WordAlone House of Studies.

The chair recognized Rev. David Witt, representing Voice of the Martyrs, who offered maps and prayer guides and invited attendees to learn more about VOM and the alarming extent of persecution of Christians worldwide. He introduced Rev. Tom LoVan (Morningside Lutheran Church, Sioux City, IA) an LCMC member pastor from Laos, recounting that Rev. LoVan's life has twice been threatened by radical Buddhists as he witnessed for Christ in Sioux City, IA.

The chair noted that Area 1 will hold an election for a seat on the LCMC board of trustees. Board chair Dale Wolf announced the trustees would be meeting with members of international congregations.

Delegates and guests sang the table blessing and recessed for lunch.

The body reconvened at 1:35. By acclamation, delegates changed the agenda to take up remaining business at 4:30. The delegates were dismissed to attend breakout sessions.

The body reconvened after breakouts and turned to discussing the proposed amended guidelines titled "Resolution Defining Cause for Removal of a Board Member."

By unanimous consent the body agreed to insert the phrase "and the LCMC Statement of Faith" into the text of the amended trustee guidelines, so that the third paragraph will read: "These are the Standards of Ethical Behavior for Trustees of LCMC. These, along with mitigating circumstances, and the LCMC Statement of Faith, may be considered by the members of the Board of Trustees as sufficient grounds for cause to remove a board member:"

With no further discussion, the amended guidelines passed as revised.

Rev. Doyle Karst (St. John Lutheran Church, Sterling, NE) moved the following:

Whereas the best way to reach the unchurched is to develop new mission congregations, and whereas there is need for matching funds to help these new mission churches, be it therefore resolved that the board of trustees for LCMC shall explore the possibilities of establishing a revolving fund to use as grants or interest-free loans for new mission congregations.

The motion was seconded. The chair opened the floor to discussion and noted that districts have been encouraged to organize this type of activity. Rev. Bruce Gamache drew attention to the fact that the LCMC-Lutheran Men funds are available. The motion passed.

M/S/P To enthusiastically extend heartfelt thanks to the people of Faith Lutheran Church for hosting this assembly.

The body gave a resounding round of applause to the people of Faith.

The body further gave a resounding round of applause to thank convention chair Barry Anderson for his service.

M/S/P/ To adjourn the business session of the 2006 annual convention and gathering of Lutheran Congregations in Mission for Christ.

Respectfully submitted,
Debra Adams Lingen, Secretary

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Debra Adams Lingen

2006 Annual Gathering Minutes