LCMS Convention Workbook St. Louis, Missouri — 2004, Page 361

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS 361

approval of the Synod to effect organizations to achieve purposes for
which the Synod itself exists or to carry on activities which rightfully
belong to the duly elected or appointed officials of the Synod. Under
these circumstances such organizations become divisive and schismatic
and therefore subversive of the very purposes of the Synod.

In this opinion the Commission is not attempting to limit the right of
individuals to speak their own minds. Before and after the passage or re-
jection of synodical resolutions individuals must be free to express their
concerns, especially to their peers. Frank and open discussion, carried
On in a spirit of Christian love and forbearance, must be part of our life
together in the Synod. It can be proper and salutary. However, in this
opinion the Commission is addressing itself to the organizing of groups,
to the calling of meetings, secret or open, to attempted manipulation of
existing groups, to circularizing aclivities, and to a wide scale of joint
actions, all of which by their very nature tend to polarize or fragment
the constituency of the Synod, and thus have the effect of disrupting the
synodical unity.

All members of the Synod and of its congregations are to beware
of the danger of groups and activities which divide and splinter the
Synod. Synodical and District officers and board and commission mem-
bers have a special responsibility to identify divisive and subversive
movements and to avoid them. By their example and advice they are to
conserve and promote the unity of the true faith and the oneness of the
Synod.

While the above opinion has been prompted by a specific situation,
it holds generally and addresses ilself to a problem which has troubled
the Synod for some time. We are living in an age in which a great num-
ber of institutions are under attack and in which lack of confidence is
rampant, an age of the conspiracy syndrome and the power syndrome,
after which “the Gentiles” seek. 11 should noi be so among us. We need
to remember that we are not two or three or more synods; we are one
synod, pledged to share the journey. It is within the context of the
Synod—the forums, channels, and procedures which the Synod itself
establishes—that differing viewpoints need to be discussed and an issue
finally decided. Continuing dialog beyond the point of decision must
also be carried on within the same synodically agreed upon framework
and in deference to the majority will. We have committed ourselves not
to that which divides but to that which unites. We are one synod.

Adopted April 29, 2003

Restricted Status (03-2331)

A member of the Synod, in a January 27, 2003 letter, asked a
series of questions regarding an individual’s placement and reten-
tion on restricted status under certain conditions.

Question 1: If a member of Synod is not notified “in writing as
to the specific reasons for having been placed on restricted status”
is the member actually on restricted status?

Opinion: Yes, placement on restricted status is an initial action
taken by a District President for reasons given in Bylaw 2.23 a. The
District President is then required to carry out the provisions of
Bylaw 2.23 c, including notification of the individual who has been
restricted “in writing as to the specific reasons for having been
placed on restricted status.” If the District President has not ful-
filled his responsibility in that regard, the member has the right
under Bylaw 2.23 d to challenge the placement on restriction or the
continuance of such restricted status by filing a Petition for Re-
moval of Restricted Status with the Council of Presidents.

Question 2: If a member of Synod is not notified “in writing as
to the reasons for such continuance of restricted status” is the re-
stricted status removed by default after the year is completed?

Qpinion: Bylaw 2.23 c allows a District President to extend the
restricted status beyond one year by annually notifying the member
in writing as to the reasons for such continuance of restricted status.
If the notice is inadequate or the member disagrees with the rea-
sons asserted, again, the individual has the remedy provided under
Bylaw 2.23 d, to file a Petition for Removal of Restricted Status
with the Council of Presidents.

Question 3: If a member of Synod is not notified “in writing as
to the specific reasons for having been placed on restricted status”
how is the member able to know what he must do to satisfactorily
resolve the issues of concern (i.e., counseling, medical treatment,
doctrinal studies)?

Opinion: Bylaw 2.23 e requires that, “while a member is on re-
stricted status, the District President shall minister to that member
either directly or through others, concern himself with the spiritual
well being of that member, and continue efforts to resolve those
matters which led to the imposition of restricted status.” If a mem-
ber believes that the District President is not fulfilling his responsi-
bilities in this regard, the individual has the rights provided by
Bylaw 2.23 d as discussed above.

Question 4: If a member of Synod is not notified “in writing as
to the specific reasons for having been placed on restricted status”
is it proper for [the] District President to identify the member’s sta-
tus as restricted?

Opinion: A member’s restricted status continues until the matter
is satisfactorily resolved or until a District President chooses not to
extend the restricted status beyond one year. In the alternative, re-
stricted status may be terminated by action of the Council of Pres-
idents under Bylaw 2.23 d.

Question 5: If a member of Synod is not notified “in writing as
to the specific reasons for having been placed on restricted status”
how is the member able to appeal this “undocumented restriction”
according to the provisions of Synod Bylaws 2.23 d and 2.29?

Opinion: If an individual is listed as being on restricted status
and feels that he has not been appropriately notified in writing as to
the specific reasons for having been placed on such status, pre-
sumably the Petition for Removal of Restricted Status filed by the
affected member under Bylaw 2.23 d would recite, as at least one
of the reasons for the petition, the fact that inadequate notice or ex-
planation in writing has been provided for the imposition of such
restricted status.

Question 6: If a member of Synod has been put on “restricted
status” whether properly or improperly, does he have to apply for
reinstatement or does the proper authority remove the restricted sta-
tus?

Opinion: Bylaw 2.23 c provides that restricted status continues
for a period of one year or a lesser period if the matter is satisfac-
torily resolved. In order for the period to extend past one year, the
District President must notify the member in writing as to the rea-
sons for continuance of restricted status. If a District President has
not chosen to continue restricted status following the expiration of
one year, restricted status would terminate on the anniversary date
of the initial restriction. Reinstatement is not necessary since mem-
bership in the Synod continues during restricted status.

Adopted April 29, 2003

Ecclesiastical Supervision and the Filing of Complaints
(03-2333)

In a February 9, 2003 letter, a member of the Synod took issue
with Commission Opinion 02-2309. He expressed concern that the
opinion contravenes Bylaw 2.27, which provides the right for any
person to bring a written complaint, and creates a hierarchy in the
Synod. He asked that Opinion 03-2309 be revoked.

Opinion: The opinion of this Commission to question 9 of
Opinion 02-2309 stated that the members of the Synod, through the
Constitution, assigned certain duties to the President of the Synod.
Article XI A states:

1. The officers of the Synod must assume only such rights as have
been expressly conferred upon them by the Synod, and in everything
pertaining to their rights and the performance of their duties they are
responsible to the Synod.

Section B of Article XI then sets forth the “Duties of the Presi-
dent.” Included in those duties are the following, as set forth in
paragraphs 1, 2, and 3:

1. The President has the supervision regarding the doctrine and ad-
ministration of a. All officers of the Synod; b. All such as are employed
by the Synod; c. The individual Districts of the Synod; d. All District
Presidents.

2. It is the President’s duty to see to it that all the aforementioned act
in accordance with the Synod’s Constitution, to admonish all who in
any way depart from it, and, if such admonilion is not heeded, to report
such cases to the Synod.

2004 Convention Workbook