LCMS Convention Workbook St. Louis, Missouri — 2010, Page 250

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250

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

(and supervision of necessity includes counsel and admonishment)
shall be the responsibility of the synodical or District President, as
the case may be. The President of the Synod and District Presidents
are officers of the Synod. Thus, the Synod, having designated to its
members the individuals who will provide to them supervision and
counsel, is itself responsible for the accuracy and content of such
supervision and counsel. Having promised supervision and counsel, the Synod is precluded from taking any action to terminate the
membership of its member who, when performing his/her official
duties, follows the advice and counsel of the ecclesiastical supervisor
designated by the Synod.
It would be inconsistent with the above constitutional provisions
to place the membership of an individual or congregation at risk
where that member relies on the ecclesiastical supervision and counsel of the person called and chosen for that role or function. If an act
is in fact contrary to Article XIII of the Constitution, the member who
acted cannot be charged since he or she acted according to the advice
of his or her ecclesiastical supervisor. It should be noted, however,
that when an ecclesiastical supervisor discovers error in his counsel, it
is incumbent upon that supervisor to correct or amend it. The member
should then be held to consider the corrected counsel. Failure to consider such amended admonition could form the basis for disciplinary
action as provided in Article XIII.
Where members of Synod have doctrinal disagreements and disputes, mechanisms are in place to allow for dialogue and discussion
and the adoption of doctrinal positions (Bylaws 1.09 and 2.39). Such
disagreements or disputes, however, are not intended to lead to the
bringing of charges under Bylaw 2.27 or the implementation of dispute resolution process under Chapter VIII of the Bylaws.
Question 2: May an ordained or commissioned minister or a member
congregation who has acted in a matter after receiving
the advice and authorization of his/her District President
be charged under bylaw 2.27 for such act, which could
result in removal from the roster of the Synod?
Opinion: The answer to this question, as already stated in the response to question 1, is “no.” The District President has ecclesiastical supervision of the ordained and commissioned ministers and
member congregations within his District as set forth in Article XII
7 and Bylaws 4.71, 4.73 and 4.75. When an ordained or commissioned minister or member congregation has acted in a manner that
is consistent with the counsel of the District President, the Synod is
precluded from taking any action to terminate the membership of
its member who, when performing his/her official duties, follows
the advice and counsel of the ecclesiastical supervisor designated
by the Synod.
Question 3: May any person, member or board of the Synod, by
invoking Bylaw 2.27 or Chapter VIII of the Constitution
and Bylaws of the Synod, be allowed to disrupt, hamper
or harass the synodical President who is responsible
to the Synod (Art. XI A) in carrying out his duties and
responsibilities for ecclesiastical supervision as stated
in synodical Constitution Article XI B 1-4 and Article
III 8, including advising a District President concerning
a doctrinal position of the Synod and/or a question of
administrative action, thus assuming only the rights and
duties conferred on him by the Synod’s Constitution,
Bylaws, and resolutions.
Opinion: The Commission notes that Bylaw 2.27 cannot be invoked in the case of the President of the Synod (see CCM Opinion
01-2240). Whereas there may be occasions when the use of Chapter VIII of the Bylaws may be appropriate (see Opinion 03-2325),

implementation of the dispute resolution process should never be
intended or allowed to disrupt, hamper, or harass the President as
he carries out the duties and responsibilities of his office, including those of ecclesiastical supervision. It is never appropriate to
assume rights and duties that have been conferred upon another by
the Constitution, Bylaws, and resolutions of the Synod.
Question 4: If the answer to the previous question is “yes,” then
under what circumstances can a District President or
synodical President carry out their duties without being
harassed and hampered by the invoking of Bylaw 2.27
or Chapter VIII?
Opinion: In the case of the President of the Synod, see the answer to question 3 above. In the case of charges brought against
a District President, if he has been carrying out his responsibilities
and the charges clearly are not supportable, the investigating officer may act quickly to dismiss the matter. Should members of the
Synod abuse the Bylaws by bringing clearly unsupportable charges
or complaints, such conduct may itself give offense and should be
dealt with accordingly.
Question 5: May any person, member, or board of the Synod,
after invoking Bylaw 2.27 and receiving a perceived
“unfavorable” result, then invoke Chapter VIII against
a District President and/or the synodical President
although both were providing ecclesiastical supervision and seeing to it that the doctrinal position and the
resolutions of the Synod were being carried out before
Bylaw 2.27 was invoked in the first place?
Opinion: If an individual makes an allegation under Bylaw 2.27
against a member of the Synod, that allegation is given to the member’s ecclesiastical supervisor, either the President of the Synod or
the appropriate District President. If the ecclesiastical supervisor
declines to take any action, the party that has made the allegation
may appeal that decision to the Praesidium of the Synod. Should
the Praesidium also decline to take any action on the allegation,
in the words of Bylaw 2.27 b, that “shall terminate the matter.” In
other words, the matter is dead and there is no way that the complainant can invoke any of the provisions of Chapter VIII.
Question 6: If the synodical President or District President are carrying out ecclesiastical supervision according to the
Constitution and Article XI and Article III 8 or Article
XII and seeing to it that the resolutions of the Synod
are being carried out (honored and upheld), under what
constitutional provision may the President be recused
from any subsequent involvement?
Opinion: There is no such constitutional provision.
Question 7: When the Synod has clearly stated its position or when
an ecclesiastical supervisor has expressed his judgment
concerning an issue based on a resolution adopted by
the Synod, does a dissenter have the right to invoke
Bylaw 2.27 or Chapter VIII rather than 2.39 c, the stated
procedure for dissent referred to in Bylaw 1.09 d?
Opinion: Bylaw 2.27 is not the method provided by the Bylaws
to resolve disputes as to what the doctrines of the church should
be. Rather, it provides procedures for expulsion from the Synod
according to Article XIII of the Constitution. Where there is disagreement by the complainant about the doctrines of the church,
the action is one of a dissenter, which is governed by the provisions
of Bylaw 2.39 c.
Question 8: Is it a conflict of interest when a District President and/
or synodical President are carrying out their duties
of ecclesiastical supervision and seeing to it that the

2010 Convention Workbook

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