LCMS Convention Workbook St. Louis, Missouri — 2001, Page 272

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272 STRUCTURE, PLANNING, AND ADMINISTRATION

Resolved, That the 2001 synodical convention revise Bylaw
2.27 g to read as follows:

Because the President of the Synod has ecclesiastical super-
vision of all District Presidents, the President of the Synod shall
proceed in the same fashion as a District President, except as
noted below, if he receives a complaint relative to a District
President which could lead to his expulsion from the Synod
under Article XIII of the Constitution, After thoroughly investi-
gating such a complaint, the President of the Synod shall pre-
sent his findings and recommendations to the respective District
Board of Directors and secure the concurrence of that board be-
fore proceeding. If the District Board of Directors does not con-
cur with the synodical President's recommended action, the syn-
odical President may cither drop the matter or request a Dispute
Resolution Panel, formed in accordance with the Bylaws, to re-
solve the disagreement between the synodical President and the
District Board ot Directors. In cases under this subparagraph the
synodical President shall not participate as a member of the
Praesidium (sections a | and b). If disqualified for reasons set
forth in section b, the next qualified officer of the Synod shall
function in the place of the President. At any time during the
above process, the synodical President, with the concurrence of
the District Board of Directors, may direct the highest ranking
District Vice President to ternporarily carry out the responsibil-
ities of the District President:

and be it further

Resolved, That the Commission on Structure, after soliciting
input and recommendations from all District Boards of Directors,
give further consideration and study to this important matter and
report its findings and recommendations to the Synod no later than
nine months before the 2004 synodical convention.

Resurrection, Garden City, NY; Prince of Peace, Orlando, FL

7-95

To Revise Bylaw 2.27 g re Ecclesiastical
Supervision of District Presidents

WHEREAS, The 1998 Missouri Synod convention, in one of its
last actions of its final session, adopted a new Bylaw 2.27 g gov-
ering the Synod President’s supervision of District Presidents; and

WHEREAS, Provisions of the Bylaw fail to include those who are
most directly involved in the ministry of a District President,
namely, members of the District: and

Wrereas, Criteria for “a complaint” against a District President
which may prompt disciplinary action, including expulsion of the
District President, are not specified, thereby introducing serious
ambiguity and the possibility of consequent harm in the applica-
tion of the Bylaw; and

WHEREAS. Synodical Constitution Art. XI B “Duties of the Pres-
ident” states that “the President has the supervision regarding the
doctrine and the administration of ... d. All District Presidents” (B
I d), including the duty to “admonish” those who depart from the
Constitution and “to report such cases to the Synod,” “to advise,
admonish, and reprove.” and to “conscientiously use all means at
his command to promote and maintain unity of doctrine and prac-
tice in all the Districts of the Synod” (B 2-3): and

WHEREAS, Constitution Art. XI does not explicitly state that the
synodical President has the authority to expel a District President;
and

WHEREAS, Constitution Art. XII states that “the District Presi-
dents shall exercise supervision over the doctrine, life, and admin-
istration of office of the ordained and commissioned ministers of
their District” and are “empowered to suspend from membership
ordained and commissioned ministers for persistently adhering to
false doctrine or for having given offense by an ungodly life” (Art.
XII 7-8): and

Wuereas, A District President who receives a “written com-
plaint” containing “facts which could lead to the expulsion of a
member from the Synod under Article XIE of the Constitution”
(Bylaw 2.27 a) must initiate investigatory proceedings; and

2001 Convention Workbook

WHEREAS, Constitution Art. XIII (“Expulsion from Synod”)
specifies that members of the Synod who “act contrary to the con-
fession laid down in Article II [‘Confession’] and to the conditions
of membership laid down in Article VI [‘Conditions of Member-
ship’],” including “blamelessness of the life of such” (Art. VI) or
“persist{ance] in an offensive conduct” (Art. XIII) shall be ex-
pelled; therefore be it

Resolved, That the 2001 Missouri Synod convention revise
Bylaw 2.27 g to specify explicitly the criteria under which the syn-
odical President may initiate investigatory proceedings against a
District President that could Jead to the explusion or removal of a
District President from the office of District President or expulsion
from the ministerial office; and be it further

Resolved, That Bylaw 2.27 g be revised to read as follows:
PRESENT /PROPOSED WORDING

Because the President of ihe Synod has ecclesiastic super-
vision of all District Presidents, the President of the Synod shall
proceed in the same fashion as a District President if he receives
a complaint relative to a District President which could lead to
his expulsion from the Synod under Article VI (“blamelessness
of the life”), Article XII (“persistently adhering to false doctrine
or for having given offense by an ungodly life”), or Article XIII
(“act contrary to the confession” or “persist in an offensive con-
duct”) of the Constitution. In cases under this subparagraph the
synodical President shall not participate as a member of the
Praesidium (section a, | and b). If disqualified for the reasons
set forth in section b, the next qualified officer of the Synod
shall function in the place of the President.

and be it further

Resolved, That the Commission on Structure, after soliciting
and receiving input and recommendations from the Council of
Presidents and al] District Boards of Directors, give further consid-
eration and study to Bylaw 2.27 g and recommend additional
changes to the Bylaw that would assure direct, meaningful, and
substantial participation of District Boards of Directors in the
process of the ecclesiastical discipline and supervision of District
Presidents; and be it further

Resolved, That the Commission on Structure report its findings
and recommendations to the Synod no later than two months be-
fore the District conventions of 2003; and be it finally

Resolved, That the Voters Assembly of St. John Lutheran
Church, Hattiesburg. MS, adopt and submit this overture to the
2001 convention of The Lutheran Church—Missouri Synod meet-
ing in St. Louis.

St. John
Hattiesburg. MS

7-96

To Revise Bylaws to Address Complaints
against Synod President

WuHeREAS, The Synod President is capable of acting “contrary to
the confession laid down in Art. II and to the conditions of mem-
bership laid down in Art. VI"; and

WHEREAS, The Synod President is also capable of persistent of-
fensive conduct or of a persistent condition that could lead to his
expulsion from the Synod on the basis of Art. XIII; and

WHEREAS, The current Bylaws of the Synod do not provide for
specific accountability should the President of the Synod be guilty
of persistent false doctrine or persistent offensive conduct; there-
fore be it

Resolved, That the Northwest District of the LCMS submit a
resolution to the 2001 synodical convention that asks the Synod to
revise Bylaws 2.27 and 3.105 to read as follows:

Bylaw 2.27 h. Formal written complaints against the Synod
President for actions that could lead to his expulsion from the
Synod should be made to the Missouri District President. The
Missouri District President shall then form an investigative com-
mittee that shall proceed in the same fashion as a District Presi-
dent (Bylaw 2.27 d-g). This investigative committee shall be