LCMS Convention Workbook St. Louis, Missouri — 2001, Page 330

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330 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Question: When a pastor has been found to have acted contrary
to Art. II of the Constitution, and the pastor has been admonished
and has refused to heed the admonition, does the District President
(or the Praesidium, if the matter is presented to them) have the dis-
cretion as to whether to suspend the pastor? In other words, does
the use of the word “shall” in Art. XIII of the Constitution man-
date that the District President (or Praesidium) suspend the pastor.
or does the District President (or Praesidium) have discretion over
whether to suspend the pastor considering the use of the word
“shall”?

Opinion: Bylaw 2.27 a provides:

a. When, either by a written complaint of any person or by his own
personal knowledge, facts which could lead to the expulsion of a mem-
ber from ihe Synod under Article XIII of the Constitution are made
known 1o the District President who has ecclesiastical supervision of
such member, the District President shall

1. thoroughly investigate whether the allegations can be substanti-
ated.

This same Bylaw further provides:

c. If the District President concludes that the facts form a basis for
expulsion of the member under Article XIE of the Constitution, the Dis-
trict President shail [emphasis added] ...

2. provide the member with ...

b. a written notification of the member’s suspended status under
Bylaw 2.25.

In addition, paragraph 2 of Art. XIII provides:

2. Expulsion shall be executed only after following such procedure
as shall be set forth in the Bylaws of the Synod.

Nothing in the language cited above directly or implicitly sug-
gests that suspension is a matter of discretion. If a thorough inves-
tigation (which “shall” be performed by the District President) re-
veals grounds for suspension, the District President must carry out
the requirements of the Bylaw and suspend the member.

Adopted Oct. 20, 1999

Questions re Procedure in Removing
a Pastor (99-2168)

A Dispute Resolution Panel has posed two questions to the
Commission pursuant to Bylaw 8.21 i:

Question ]; Has a congregation followed proper procedures in
dismissing a pastor from office if it did not state (specify) the con-
stitutional reason(s) for doing so when caljing the voters assembly
for the purpose of dismissing a pastor?

Question 2: Has a congregation followed the proper procedure
if the constitutional reason(s) for dismissal are not stated in the mo-
tion to dismiss?

Opinion: The Commission observes that under Bylaw 8.21 i, it
is limited to interpreting the Synod’s Constitution and Bylaws. See
also Bylaw 3.905 d. Within that limited grant of authority, the
Commission states that the Synod’s Constitution and Bylaws are
silent as to the questions posed. They neither require nor forbid
speciftcity in stating the reasons for dismissing a pastor cither in
calling a meeting of the voters assembly or in a motion for dis-
missal made at a voters assembly meeting. Interpretation of a con-
gregation’s constitution or bylaws is beyond the scope of this Com-
mission’s responsibilities and is within the sound discretion of the
Dispute Resolution Panel, which is required by Bylaw 8.09 c 2 to
set forth the rationale for its decision in writing.

Adopted Oct. 20, 1999
Definition of “Professional Church Worker” (99-2155)

In a June 16, 1999, letter, the Chairman of the Commission on
Ministerial Growth and Support, “whose charge has to do with the
Synod’s professional church workers,” asked the folowing on be-
half of his commission:

Question: How do the Synod's Bylaws define the term “profes-
sional church worker’’? Specifically, are non-rostered teachers in-
cluded in that group of persons for which the Commission on Min-

2001 Convention Workbook

isterial Growth and Support is to provide services as outlined in
Bylaw 3.915?

Opinion: Art. I 3 of the Constitution of the Synod states that
one of the objectives of the Synod is to “recruit and train pastors,
teachers, and other professional church workers [emphasis added]
and provide opportunity for their continuing growth.” Paragraph 8
of the same Art. III adds that the Synod is also to “provide evan-
gelical supervision, counsel, and care for pastors, teachers, and
other professional church workers [emphasis added] of the Synod
in the performance of their official duties.” Since in this Article
“professional church workers” are referred to in the same context
as pastors and teachers, the phrase “professtonal church workers” is
intended to include only other rostered workers.

This conclusion is supported also in the Bylaws of the Synod:

* Bylaw 3.409 states that one of the functions of the Concordia
University System/Board for Higher Education is “the overall re-
sponsibility to provide for the education of ordained and com-
missioned ministers and other professional church workers for the
Synod by supervising and coordinating the activities of the
Synod’s colleges, universities, and seminaries as a unified syn-
odical system through their respective boards of regents.

Bylaw 3.503 provides that one of the objectives of the Lutheran
Church Extension Fund is to provide financing and services for
professional church worker education and the residential housing
needs of professional church workers.

Bylaw 3.713 stipulates that the Support Program of the Synod is
intended for eligible ordained ministers, commissioned ministers,
and “other professional church workers and their eligible depen-
dents who are in financial need.”

Bylaw 3.930 e requires that the Council of Presidents “serve as
the Board of Assignments for the first calls to candidates for the
offices of ordained and commissioned ministers and to handle or
assist with the placement of other professional church workers.”

Bylaw 6.35 b instructs that synodical school faculties “develop
and construct curricula implementing the recognized and estab-
lished purposes of the institution and designed to attain the syn-
odically approved objectives of preparation for professional
church workers and other Christian leaders.”

Therefore, the Commission rules that the functions of the Com-
mission on Ministerial Growth and Support as enumerated in
Bylaw 3.915 are applicable only to rostered ordained and commis-
sioned ministers. Therefore, non-rostered teachers are not included
in that group of persons for whom the Commission on Ministerial
Growth and Support is required to provide services.

Adopted Oct. 20, 1999

Questions re Interaction between Bylaws 2.27
and 6.47 When Charges Are Brought
against a Member of a Faculty (99-2164)

The Chairman of the Board of Regents of a synodical univer-
sity, in a letter dated August 20, 1999, has requested a ruling on
the interaction of Bylaw 6.47 and Bylaw 2.27 in the case of charges
of false doctrine brought against a member of the university’s fac-
ulty. The Board of Regents, having received notification of the
complaint against the faculty member, explains in its letter that it
“feels responsible to determine its role in this matter.” It asks the
Commission to provide a ruling on the interaction between Bylaws
2.27 and 6.47.

Question: The Board of Regents received notification of the
complaint regarding (a member of the faculty) and feels responsible
to determine its role in this matter. It would be most helpful if you
could provide a ruling on the interaction between Bylaws 2.27 and
6.47 ina case like this.

Opinion: Bylaw 6.47 sets forth a detailed procedure to be fol-
lowed by a Board of Regents when it receives a complaint against
a faculty member. This procedure is applicable in cases where the
faculty member is accused of false doctrine (which is a circum-
stance for removal from the faculty under Bylaw 6.47 c). This sec-
tion also sets forth a detailed process for reconciliation and resolu-