LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 9, 2001, Page 2

Transcription machine transcription, uncorrected

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It would seem that the only recourse is an appeal to the convention of the Synod
“when personal admonition fails to have the President of the Synod carry out the
responsibilities of his office as defined by the Handbook.” If the matter cannot
wait until a regularly scheduled convention of the Synod, a request can be made
to the district presidents for the calling of a special convention. If three-fourths of
them agree, such a convention can be called. (VIII, B).
The one bylaw which may appear to contradict the above is 4.73. The question,
however, is whether the President of the Synod is “subject to his [the district
president’s] ecclesiastical supervision.” The previous argumentation provided
would say that he is not.
The 1998 opinion reads in pertinent part as follows:
3. District President Fellowship and Discipline Questions (98-2122)
….The District President finally also asked several questions relating to Bylaw 2.41, d:
You also posed several questions to the Commission relating to Bylaw 2.41, d,
and the District membership and ecclesiastical supervision of the President of the
Synod.
“Must the President of the Synod be a member of a District of the Synod
under the provisions of Bylaw 2.41 d? Under the provisions of the same
Bylaw, does the President of the Missouri District have the right (and in
certain circumstances, the duty) to apply the provisions of Bylaws,
Chapter II, D. and E. (Bylaws 2.21 through 2.33) to the President of the
Synod?”
In answering these questions, the Commission first observes that the President of
the Synod is under the ecclesiastical supervision of the President of the Missouri
District under Bylaw 2.41, d, since the synodical President serves the Synod at its
headquarters in St. Louis, Missouri. Nothing in the bylaw indicates any intent
that the synodical President (or anyone else) be excepted from this provision.
Bylaw 4.73 requires that the President of the Missouri District supervise the
doctrine, life and official administration of those who are subject to his
ecclesiastical supervision. As part of that supervision, the President of the
Missouri District is held to apply the provisions of Bylaws 2.21 through 2.33
when necessary.
The Commission further notes that these provisions do not apply to all grievances
which might be brought against the synodical President, but only those listed in
Bylaws 2.23, a. 1-3, and 2.27, a. Furthermore, given the importance of the
responsibilities of the synodical President and the disruption of the administration
of Synod affairs which would result from the application of these procedures to
the indocile President, it is to be expected that the President of the Missouri
District would exercise the utmost caution, discretion and good judgment in
exercising his responsibilities under these sections.
The 1992 opinion of this Commission was overlooked when the 1998 opinion was written. The 1998
opinion discusses Bylaws 2.41 d and 4.73. It does not discuss any provisions of the Synod’s Constitution.

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