# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_December 8 1996_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

With respect to your second question, the Commission believes it has previously provided an answer. It
is the "entity" which should make the determination as to the suspended pastor's preaching in chapel.
That entity in this case is the Association of schools. Perhaps this will be helpful for clarification of the
opinion previously forwarded to you.
Responding to your first set of concerns, the Commission would note that the matter of suspension and
possible removal involves an entire process and therefore does not necessarily revolve around one
specific question. In view of this, the Commission concludes that it does not have sufficient information
to respond to your first question in this set.
The Commission does conclude that a Dispute Resolution Panel cannot place a pastor on restricted
status. While it may not do so or establish a counselor/overseer procedure, it has the right to
recommend that this be done in the effort to resolve the issues which led to suspension and to bring
about reconciliation. Since the decision of the Dispute Resolution Panel has now been appealed to a
panel of district presidents, the Commission is of the opinion that any further discussion on this issue is
the responsibility of that panel. Because the final disposition of the case is still pending, the
Commission does not believe it should interject itself further into this matter.
78. Initial Candidate Status (Ag. 2051) : A district president had forwarded a question to the Commission
on Constitutional Matters relative to Bylaw 2.19, which states among other things that "an ordained or
commission minister ... who is not currently performing those duties on a regular basis and who is not
emeritus may be continued on the roster for a period not to exceed two years by act of the District President
. . . " The words "may be continued on the roster for a period not to exceed two years by act of the District
President" had been underlined. The basic question was this, "In the event the involved District President
decides not to continue such a candidate on the roster for that two year period, does the District President
have the right to simply remove that candidate from the roster by his own independent action or must that
involved District President implement Bylaw 2.27 Commencing an Action to Terminate Congregational or
Individual Membership?"
In response to this question, two contrasting opinions had been presented for consideration by the
Commission. The Commission had spent some time discussing this issue during a previous telephone
conference, but had been unable to reach a conclusion. During the present telephone conference, brief
consideration was given to this matter once again, but the Commission was not able at that time to reach a
conclusion. It asked that the District President be informed that the Commission has determined that it will
arrive at a decision on the matter at its next meeting.
79. Adjournment : Having concluded its business, Chairman Tesch declared the meeting adjourned and
asked Dr. Schlecht to lead the Commission in a closing prayer.
Walter L. Rosin-, Secretary

Minutes of the Commission on Constitutional Matters - January 29, 1997 - Telephone Conference
80. Roll Call and Opening Prayer : Roll call showed all members present with the exception of David
Piehler, who was unavailable for the call. At the request of Chairman Tesch, Rev. Alan Barber opened the
meeting with prayer.
81. Election of Circuit Counselor (Ag. 2052, B) : In one of the districts, the initial ballot for circuit
counselor in a circuit had resulted in a tie. The District Secretary had issued a second ballot to all
congregations in the circuit, containing the names of the pastors who had tied on the first ballot. On the