# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_June 8 11 2023_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

on restricted status? If it is prohibited, how do the bylaws ensure due process, fairness, and
impartiality?
Opinion:
There is a significant difference in the purpose of Bylaw sections 2.14, 2.17, and 1.10.
Bylaw section 1.10 is for resolving disputes among members of the Synod. It may lead to the formation of
a formal panel, which will hear the case and render a binding decision. Both parties in the dispute, if they
so choose, are allowed to select an advisor of their choice, who will assist in the formal proceedings subject
to the applicable bylaws. Bylaw sections 2.14 and 2.17 deal with the process for removal of a member of
the Synod from membership in the Synod. These sections conclude with formal proceedings, as the result
of which a hearing panel will render a binding decision. Both parties in the process, if they so choose, are
allowed to select an advisor of their choice, who will assist in the preparation for the formal hearing and at
the formal hearing operate subject to the applicable Bylaws.
The purpose of Bylaw 2.13.2 is to facilitate the ability of a district president to exercise proper ecclesiastical
supervision by conducting an investigation when he becomes aware of substantive information that could
lead to the expulsion of a member from the Synod under Article XIII or the removal of a member of the
Synod from a called position by a congregation. An individual on restricted status is eligible to continue in
his current call and any other position currently held in the Synod at the time he was placed on restricted
status. He may not accept a call to any other position of service in the Synod. While in certain cases
restricted status can be extended, restricted status is intended to last for no more than one year with either
the situation being resolved and restricted status removed, or the member suspended which leads to an
expulsion process described in Bylaw section 2.14 or 2.17.
An individual on restricted status may petition the Council of Presidents for removal of restricted status as
described in Bylaws 2.13.3–2.13.3.2. In the event that the petition to remove restricted status fails, the
member simply continues on restricted status and the investigation by the district president continues.
Bylaws 2.13.3–2.13.3.2 make no provision for an advisor in the process, since in essence the question is
whether or not the district president should proceed in determining the facts of the case in order to enable
him to conclude the process either with a lifting of the restricted status or suspension of the member. The
role of the advisor comes at the time the formal proceedings begin under Bylaw section 2.14 or 2.17. At
this point an advisor is available to each party, intended to assist both parties in the presenting of their cases
before the hearing panel.
The only formal proceeding involved in Bylaws 2.13.2–2.13.3.2, dealing with restricted status, is the
hearing of a petition for removal of such status (Bylaw 2.13.3.2). The attendance at that hearing is fixed by
Bylaw 2.13.3.2 (e) and, in notable contrast to procedures under Bylaw sections 1.10, 2.14, and 2.17, does
not allow for attendance of an advisor to either party.
Question 2:

If the answer to Question 1 is “yes,” in what way(s) is this advisor different from the
spiritual care that is mandated in Bylaw 2.13.2.4 and Bylaw 2.13.4.3 (b)?

Opinion:
Bylaws 2.13.2.4 and 2.13.4.3 (b) require the district president “to minister to [a restricted
or suspended] member either directly or through others, concern himself with the spiritual well-being of
the member, and continue efforts to resolve those matters which led to the imposition of [restricted or
suspended] status.” This activity is the responsibility of the district president and originates from his office.
The advisors provided for in the procedures of Bylaw sections 1.10, 2.14, and 2.17 are selected by the
respective parties, subject to those Bylaws and Standard Operating Procedures Manuals. There is no
formal advisor provided in the 2.13.2 or 2.13.3 process. This does not preclude the restricted or suspended
member from seeking advice from other sources of his or her own choosing.
Question 3:

Is the individual member of Synod who is placed on restricted status free to choose her or
his advisor in the same manner that is permitted under Bylaw 1.10.7.4 (a), Bylaw 1.10.18.1
(e), and Bylaw 2.14.7.8 (h)? If not, how do the bylaws ensure due process, fairness, and
impartiality?
CCM Minutes – June 8–12, 2023 – Page 147