# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_February 2 3 2018_S14
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

of restricted status”? How can the district president be helping the member to admit his
wrongs or confess his sins before the Lord if he is told generic things and not specific
wrongs?
Opinion:
If the individual member of the Synod who is being placed on restricted status is not
convinced by the notification given by the district president that the member should be placed on restricted
status, the recourse for that member is first to seek counsel and ministration from the district president who
initiated the restricted status. Failing that, further recourse is found in 2.13.3 in which the member is given
“…the right to appeal the placement on or continuance of restricted status…”
Question 9:

In Bylaw 2.13.2.4, the district president is to “concern himself with the spiritual well-being
of that member, and continue efforts to resolve those matters which led to the imposition
of restricted status.” What is to be done if a district president “neglects or refuses to perform
[this] duty of [his] office or position”? Is the President of Synod or Synod itself authorized
to place such a district president on restricted status?

Opinion:
The ecclesiastical supervision of district presidents is given to the President of the Synod
(2.15.1). If a member is aware of information that could lead to expulsion of the member’s district president
under Article XIII of the Constitution, the member should first contact the President of the Synod (2.15.3).
Question 10:

Const. Art. XIII provides for the expulsion of members from synod. Is domineering or
belligerence consistent with the reasons cited in Article XIII 1 for such an expulsion? If
so, does such apply equally to all members of the Synod (e.g., district presidents and
congregations, with respect to pastors)?

Opinion:
Domineering and belligerence could qualify for offensive conduct under Article XIII 1.
Whether or not they rise to that level would be a matter to be determined by a hearing panel. Article XIII 1
applies to all members of the Synod.
126. Oklahoma District Proposed Articles and Bylaws, Second Resubmission (17-2832B)
By a January 17, 2018, email, the Secretary of the Oklahoma District forwarded his district’s proposed
amendments to articles and bylaws. The commission notes that its previous concerns with regard to the
bylaws have been addressed. Noted, however, are the following:
•

Art. V 1 a: The commission recommends, for clarity, inserting in “all nonvoting ordained and
commissioned ministers” a second all, to read “all nonvoting ordained and all commissioned
ministers.”

•

Art. V 1 b: Language apparently treating emeritus pastors as voting is incorrect. This passage must
be replaced with the language of (or compatible with) Const. Art. V A.

The commission approves the bylaws for presentation to the convention with these changes made. (Noted,
however, is that some of the recent changes have been incorporated without tracking changes. Care will
need to be taken that the convention understands what changes are being adopted.) The district is thanked
for its cooperation with the review process and reminded to submit to the Office of the Secretary a clean
copy of its bylaws as adopted by the convention.
With regard to the articles, the commission notes that these still lack the relationship language required by
Bylaw 1.5.3.6 (a). This will need to be incorporated in accordance with the bylaw and 2016 Res. 9-02A.
The district is asked to submit a further revision of its articles, incorporating this language, prior to its
submission to the convention.

CCM Minutes – February 2, 2018 – Page 102