LCMS Convention Workbook St. Louis, Missouri — 2007, Page 292

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292 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

then form a Review Panel, the President would normally be ex-
pected to choose not to actively intervene until that process has
concluded. Following the initial decision of the Dispute Resolution
Panel, he may also, under Bylaw 8.09 d, where a question of doc-
trine or practice is involved, request at that time either reconsider-
ation, or an opinion of either the CCM or the CTCR.

Under extraordinary circumstances, such as when an issue is of
synod-wide concern and having an immediate and ongoing nega-
tive impact on the Synod, the President may choose to exercise his
discretion in fulfilling his duties under Article XI. The President’s
right and/or responsibility to call up for review an action of an in-
vestigation officer carrying out the responsibilities of Bylaw 2.27 c
flows from his constitutional responsibilities and powers. Similarly,
his right and/or responsibility to report to the Synod via pastoral
letter flows from his constitutional responsibilities and powers
under Article XI.

It should be noted that, since the Secretary of the Synod sub-
mitted the question, he has not participated in the discussions lead-
ing to this opinion. Dr. Norman Sincebaugh was hospitalized and
unable to participate in deliberations, and was taken to his eternal
rest while this question was being considered.

Adopted Aug. 20, 2002

Consequences of Action Taken Upon Approval
of Ecclesiastical Supervisor (02-2296; 02-2320)

A Dispute Resolution Panel in a letter dated December 20,
2002, forwarded the following question to the Commission from a
party to a dispute. The question is identical to a question submitted
by a Vice-President of a District in an August 16, 2002 letter.

Question: Do the Constitution and/or Bylaws of Synod allow or
contemplate the discipline of any pastor or contemplate
the discipline of any pastor of The Lutheran Church—
Missouri Synod who has taken an action with the full
knowledge and approval of his superior, where the su-
perior’s approval is based upon the superior’s interpreta-
tion of a synodically approved document, where the in-
terpretation is not plainly or knowingly erroneous,
especially where the superior himself has not been for-
mally found in error and disciplined?

Opinion: The Constitution and Bylaws of the Synod do not allow
or contemplate the expulsion of a member of the Synod on the
basis of an action taken with the full knowledge and approval of
the appropriate ecclesiastical supervisor. For a thorough treatment
of this issue, see Opinion 02-2309.

Adopted Jan. 20-21, 2003

Ecclesiastical Supervision and
Conflict of Interest (02-2309)

A District President, in a September 27, 2002 letter that in-
cluded the signatures of twelve other members of the Council of
Presidents, asked a series of questions regarding the constitutional
provision of ecclesiastical supervision and the consequences of fol-
lowing the advice of an ecclesiastical supervisor.

Question 1: May a District President who has acted in a matter
after receiving the advice of and authorization of the
synodical President be charged under Bylaw 2.27 for
such act, which charge could result in his removal
from his position as District President as well as from
the roster of the Synod?

Opinion: After the example of the apostolic church, Acts 15:1-31,
the Synod was formed “‘to unite in a corporate body the congrega-
tions of the Evangelical Lutheran Church that acknowledge and re-
main true to the Book of Concord of the year of our Lord 1580 as a
true exhibition of sound Christian doctrine” (Articles of Incorpo-
ration, Article II a). The Synod’s objectives include: “The Synod,
under Scripture and the Lutheran Confessions, shall-— 1. Conserve
and promote the unity of the true faith....8. Provide evangelical su-
pervision, counsel, and care for pastors, teachers, and other profes-
sional church workers of the Synod in the performance of their of-
ficial duties....9. Provide protection for congregations, pastors,

2007 Convention Workbook

teachers, and other church workers in the performance of their offi-
cial duties and the maintenance of their rights” (Constitution, Arti-
cle III). Recognizing the objectives for which it was organized, the
Synod obligated itself “to assist and advise congregations, pastors
and teachers affiliated with The Lutheran Church—Missouri Synod
and to exercise supervision over such pastors and teachers as to
doctrine, practice, and performance of their official duties” (Arti-
cles of Incorporation, Article II c).

“Committed to a common confession and mission, congrega-
tions of The Lutheran Church—Missouri Synod join with one an-
other in the Synod to support one another and work together in car-
rying out their commonly adopted objectives” (Bylaw 1.01).
According to Bylaw 1.05 d, “members agree to uphold the confes-
sional position of the Synod (Art. II) and to assist in carrying out
the objectives of the Synod (Art. III), which are objectives of the
members themselves.” Bylaw 1.05 e states: “Membership is held
in the Synod itself. However, in accordance with the objectives of
the Synod, each member enjoys certain privileges and accepts cer-
tain responsibilities also in and through the respective District and
Circuit.” According to Bylaw 2.35, “every member of the Synod
shall diligently and earnestly promote the purposes of the Synod
by word and deed.” Bylaw 2.39 a adds that “the Constitution, By-
laws, and all other rules and regulations of the Synod apply to all
congregational and individual members of the Synod.” This in-
cludes doctrinal resolutions that “are to be honored and upheld until
such time as the Synod amends or repeals them” (Bylaw 1.09 b).

Mindful of the objectives of Synod, the conditions of member-
ship, the need for and benefit of supervision, and the concern for
unity of faith and confession, the Synod also provided ecclesiastical
supervision in its Constitution. Article XI B 1 specifically identifies
the President as the ecclesiastical supervisor of all officers of the
Synod, all such as are employed by the Synod, the individual Dis-
tricts of the Synod, and all District Presidents. Article XII 7 specif-
ically requires that District Presidents “especially exercise super-
vision over the doctrine, life and administration of office of the
ordained and commissioned ministers of their District and acquaint
themselves with the religious conditions of the congregations of
their District.”

Bylaw 3.101 A 1 summarizes the ecclesiastical powers and du-
ties of the President of the Synod when it states that the President
shall “supervise the doctrine taught and practiced in the Synod, in-
cluding all synodwide corporate entities. In the Districts of the
Synod, he shall carry out his ecclesiastical duties through the Dis-
trict’s President. The President of the Synod has ecclesiastical su-
pervision of all officers of the Synod and its agencies, the individ-
ual Districts of the Synod, and all District Presidents.” Bylaw 2.41
i States: “Except as expressly otherwise provided in this section, a
member shal] be under the ecclesiastical supervision of the Presi-
dent of the District through which synodical membership is held.”

Ecclesiastical supervision intrinsically includes all of the fol-
lowing: “supervision regarding the doctrine and the administration”
of all officers, employees, Districts, and District Presidents (Art.
XI B 1); “to admonish all who in any way depart from [the Synod’s
Constitution], and, if such admonition is not heeded, to report such
cases to the Synod” (Art. XI B 2); “power to advise, admonish, and
reprove” (Art. XI B 3); to “see to it that the resolutions of the
Synod are carried out” (Art. XI B 4); “supervision over the doc-
trine, life, and administration of office of the ordained and com-
missioned ministers....visit and, according as they deem it neces-
sary, hold investigations” (Art. XII 7); “supervise the doctrine
taught and practiced in the Synod....officially visit or cause to be
visited all the educational institutions of the Synod....meet regu-
larly with the Council of Presidents...to see to it that they are in
accordance with Article II of the Constitution, synodically adopted
doctrinal statements, and doctrinal resolutions of the Synod”
(Bylaw 3.101 A); and such other constitutional terminology as
“counsel,” “care,” and “protection” (Art. III 8 and 9).

As indicated above, the Synod has promised its individual
members supervision and counsel when the member is performing
his/her official duties. The Synod has further decided that such su-
pervision (and supervision of necessity includes counsel and ad-
monishment) shall be the responsibility of the synodical or District