# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_June 8 11 2023_S1
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
LCMS International Center, St. Louis
June 8–11, 2023
181. Call to Order and Opening Prayer
Commission Chairman Dr. George Gude called the meeting, coinciding with the Synod’s 2023 Floor
Committee Weekend, to order with all members present except for Rev. Bode, who was attending to a
family commitment. The commission proceeded with the agenda as presented by Dr. Gude, as follows. On
Thursday and Friday, the commission also reviewed material in convention business. On Friday afternoon,
the commission had a joint planning session with its sister commission, the Commission on Handbook.
The commission, with Rev. Peters departing late Saturday and Rev. Bode joining early Sunday, attended
the meetings of the national convention floor committees as charged in Bylaw 3.9.2.2.2, rendering
assistance in assuring that consideration of constitution and bylaw matters were “in accord with the
Constitution, Bylaws, and resolutions of the Synod.”
182. Advisors in Restriction, Removal from Office, Etc. (23-3011)
By an email of June 6, a member of the Synod, an ordained minister, requested opinions on the following
questions, which he prefaced with the following statement:
CCM Opinion 12-2660 states the following: “An overarching principle in the Constitution
and Bylaws of the Synod, as well as in the [Standard Operating Procedure Manuals
(SOPM)] for both the dispute resolution process and the process of expulsion from
membership in the Synod, is one of due process, fairness, and impartiality. Thus, all
hearings and all investigations must be conducted in a fair and equitable manner.”
The following questions pertain to the “due process, fairness, and impartiality” of the
LCMS Bylaws and other official documents when addressing the issue of obtaining and
providing advice and counsel in the adjudication process when an individual member of
Synod faces potential removal from office or is placed on restricted or suspended status by
a district president.
In its reply, the commission notes the following context, which is necessary to understanding the opinions
that follow:
The commission, as interpreter of the Constitution, Bylaws, and resolutions of the Synod, can only interpret
the term advisor with regard to such advisors as are identified explicitly in the Bylaws, for example in
Bylaws 2.14.7.8 (h), 1.10.7.4 (a), etc. It does not in the following responses deal with other individuals
from whom parties may informally seek advice, except in response to Questions 6 and 8, in which the
“advisors” in question are not those described in the Bylaws.
With regard to questions of “due process, fairness, and impartiality,” raised at several points below, the
commission responds that the Constitution of the Synod and procedures set forth in the Bylaws (and
attendant Standard Operating Procedures Manuals) establish the parameters for “due process, fairness and
impartiality.” The conduct of an ecclesiastical supervisor within such processes and generally, as he carries
out his duties under Const. Art. XIII 7–8, is expected to be consistent with the constitutional purposes of
his office, namely as described in Const. Art. III 8–9. His conduct is subject to review by mechanisms
included in these processes and by the President of the Synod.
Question 1:

Bylaw 2.14.7.8 (h) indicates that the accused is permitted to make use of an advisor in the
adjudication process for expulsion from membership in the Synod. Bylaw 1.10.7.4 (a) and
Bylaw 1.10.18.1 (e) also permit an advisor in dispute resolution cases. Is the use of an
advisor also permitted under Bylaw 2.13.2 when an individual member of Synod is placed
CCM Minutes – June 8–12, 2023 – Page 146