LCMS Convention Workbook St. Louis, Missouri — 2001, Page 312

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

312

“complaint” in Bylaw 2.27 a. Thus Bylaw 2.27 g can only be utilized by
the President of the Synod if the facts which form the basis of the com-
plaint are of such a nature that they could lead to the expulsion of the
District President from the Synod under Art. XIII of the Constitution.

2. Bylaw 2.27 g states that the President of the Synod “shall pro-
ceed in the same fashion as a District President if he receives a
complaint relative to a District President.” In many cases a Dis-
trict President will restrict the member against whom the com-
plaint has been made under the provisions of Bylaw 2.23. Does
Bylaw 2.27 g give the President of the Synod authority to impose
restricted status on a District President? If so, do all the provi-
sions of Bylaw 2.23 apply?

Bylaw 2.23 (Restricted Status) is a procedure which allows a Dis-
trict President to restrict a member of the Synod under his ecclesiastical
supervision from changing the position of his/her ministry or accepting
a cal] to another position of service in the Synod while the District Pres-
ident investigates an allegation that such member has (a) engaged in
conduct which could lead to expulsion from the Synod under Art. XIII
of the Constitution or (b) is incapable of performing the duties of his/her
office or position because of a physical, mental, or emotional disability
or (c) neglects or refuses to perform the duties of his/her office or posi-
tion. Bylaw 2.27 g did not extend this authority to the President of the
Synod and therefore the President of the Synod cannot place a District
President on restricted status.

3. If a District President is suspended under the provisions of Bylaw
2.25, he is to be relieved of his duties under the provisions of
Bylaw 2.25 c. But what of his office? Does he retain his office
until relieved by the next convention of the District? If a District
chooses to keep the suspended District President in office—as
has happened with congregations and suspended pastors—what
recourse does the Synod have?

The Commission calls attention to the fact that Bylaw 2.25 a states
that when formal proceedings have been commenced against a mem-
ber of the Synod which could lead to his/her expulsion as a member of
the Synod, the member shall have suspended status. Thus suspended
status is a byproduct of the commencement of an action to terminate a
membership of the Synod. Suspended status cannot be imposed without
the prior commencement of such an action. The question here asked of
the Commission has several parts and will be responded to separately.

It is correctly noted that “if a District President is placed on sus-
pended status, he is to be relieved of his duties as District President
under the provisions of Bylaw 2.25 c.” The Bylaw states that a member
on suspended status shall “‘be relieved of the duties and responsibilities
which the members holds with the Synod, District, or other agency of
the Synod.” Also asked is, “But what of his office? Does he retain his
office until relieved by the next convention of the District?” While for-
mal proceedings are taking place, the District President retains his of-
fice, but he is relieved of the duties of that office until such time as a
final decision is reached under the dispute resolution process. However.
if while formal proceedings are underway, the term of office of the Dis-
trict President comes to an end, the District may, if it chooses, reelect
the District President. If reelected, the District President continues to
be relieved of the duties of his office and will only resume such duties if
the final decision in the dispute resolution process determines that the
District President has not violated Art. XIII 1 of the Constitution of the
Synod.

But “if a District chooses to keep the suspended District President in
office—-as has happened with congregations and suspended pastors—
what recourse does the Synod have?” If at the conclusion of formal pro-
ceedings a District President is expelled as a member of the Synod, he is
also removed from the clergy roster of the Synod. Since Bylaw 4.51 re-
quires that a District President be on the clergy roster of the Synod, ex-
pulsion from the Synod also terminates the District Presidency of the
expelled member.

It is clear from the Bylaws of the Synod that a District is a subdivi-
sion of the Synod and therefore subject to its decisions. Bylaw 4.07
states:

a. The Synod is not merely an advisory body in relation to a Dis-
trict. A District is the Synod itself performing the functions of the
Synod. Resolutions of the Synod are binding on the Districts.

b. The Constitution for the Synod is also the Constitution of the
District. The Bylaws of the Synod shall be primarily the Bylaws of
the District.

This is further supported by Bylaw 1.05 f:

2001 Convention Workbook

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

f. Districts and Circuits as component parts of the Synod are ob-
ligated to carry out resolutions of the Synod.

If therefore a District takes an action that is contrary to the Consti-
tution and Bylaws of the Synod, such action is null and void, and the
President of the Synod could proceed under the authority granted to him
by Bylaw 3.101 C 11, where the President shall

11. be authorized, in the event that the affairs of the Synod re-
quire the exercise of executive power for a purpose for which there
is no specific directive of the Synod, to exercise such power after
consultation with the Vice-Presidents, the Board of Directors of The
Lutheran Church—Missouri Synod or the Council of Presidents,
whichever, in his judgment, is most appropriate. Any member of
the Synod shall have the right to appeal such action to the Commis-
sion on Constitutional Matters and/or the Synod in convention,
whichever is appropriate.

Another series of questions by the District President raised con-

cerns relating to procedures for making and receiving complaints
during the process stipulated in Bylaw 2.27 b:

The Commission furthermore provides the following opinions in
answer to the series of questions relating to appropriate involvement by
the synodical President and Praesidium in Districts:

1. May the Praesidium receive a complaint from a member during
the 90-day period and act on it while the District President is still
investigating or following some process to reach a decision as to
whether or not to suspend the member against whom the com-
plaint was made?

This question has already been addressed by the Commission in a
May 22, 1998, opinion. A copy is attached.

2. What recourse, if any, does a District President have if the Prae-
sidium receives such a complaint within the 90-day period and
acts on it before the District President has reached a decision as to
whether or not to suspend?

The opinion referenced in the previous question constitutes a re-
sponse to this question also.

3. May a member of the Synod lodge a complaint which may lead to
expulsion from the Synod under Art. XIII of the Constitution
against another member of the Synod within a District without
first bringing that complaint to the District President, especially
against a member of the Synod within the District who is clearly
under the ecclesiastical supervision of the District President?

The answer is “no.” The procedure for determining whether a mem-
ber of the Synod is to be expelled under Art. XIII is limited to the pro-
cedure established under Bylaw 2.27. This Bylaw requires that there
must be a written complaint and that such complaint must be presented
to the District President who has ecclesiastical supervision of the mem-
ber.

4. What recourse, if any, does the District President have if such a
complaint is lodged first with the President of the Synod or the
Praesidium, bypassing his office?

The President or the Praesidium has no authority to act on this com-
plaint under the stated circumstances, and any action either might take
would be a nullity. Under the facts of the question, the President or
Praesidium of the Synod must advise the complainant to follow the pro-
cedure set forth in Bylaw 2.27 and to file the written complaint with the
appropriate District President.

5. May a member of the Synod lodge a complaint which may not
lead to expulsion from the Synod under Art. XIII of the Consti-
tution against another member of the Synod within a District
without first bringing that complaint to the District President, es-
pecially against a member of the Synod within the District who is
clearly under the ecclesiastical supervision of the District Presi-
dent? In other words, does the normal chain of command need to
be followed, i.e., pastor, elders (or visa verse depending on the
complaint). Circuit Counselor, District President, synodical Pres-
ident or Praesidium?

If the matter does not involve facts which could lead to the expul-
sion of the member from the Synod under Art. XIII of the Constitution,
such a matter would be resolved under Chapter VIII of the Bylaws. The
provisions of Chapter VIII neither require nor prohibit that the District
President be advised of the dispute.

6. What recourse, if any, does the District President have if such a

complaint is lodged first with the President of the Synod or the
Praesidium, bypassing his office?