LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 22, 2002, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
February 22, 2002

1. Call to Order
Acting Chairman Walter Tesch called the first meeting of the newly-constituted Commission on
Constitutional Matters to order and asked Albert Marcis to provide an opening prayer. All members of the
Commission participated in the conference call meeting: Donald G. Little, Daniel C. Lorenz, Albert M.
Marcis, Norman C. Sincebaugh, Walter Tesch, and Raymond L. Hartwig. Discussion followed regarding
the manner in which the Commission will carry out its business.
2. Questions re Appointment of Interim Directors (01-2237)
The Commission’s response to two questions submitted by the President of the Synod on October 26,
2001, was briefly discussed. A latest draft will be prepared in preparation for the Commission’s next
meeting.
3. Questions re Relationship of Chapter II and Chapter VIII of Bylaws (02-2247)
A District President in a letter dated January 9, 2002, submitted a series of questions regarding the role of
a District President in addressing complaints.
Question 1:

“If a complaint is made under Bylaw 2.27 that is personal and relational in nature (such as
alleged slander) wherein the ultimate goal should be reconciliation between the parties who
are members of Synod, can a District President direct a complainant to use Bylaw Chapter
VIII as a more appropriate means of dealing with the matter? If so, must the complainant
use Chapter VIII if he wishes to pursue the matter?”

Opinion: The criteria for use of the procedure set forth in Bylaw 2.27 is whether the facts which are the
basis of the complaint could lead to the expulsion of the member from the Synod. Article XIII 1 of the
Constitution states: “Members who act contrary to the confession laid down in Article II and to the
conditions of membership laid down in Article VI or persist in an offensive conduct shall, after previous
futile admonition, be expelled from the Synod.” Thus, the District President must decide whether the facts
of the complaint are such that, if true, are a violation of Article XIII 1. If they are, a proceeding under
Bylaw 2.27 is appropriate. However, if they are not, the matter must be commenced under the procedure
set forth in Chapter VIII of the Bylaws.
If a District President concludes that the matter does not qualify to proceed under Bylaw 2.27, he declines
to suspend the member. The complainant may then (a) appeal such refusal to the Praesidium under the
provisions of Bylaw 2.27 b; (b) pursue the matter under the procedure set forth in Chapter VIII of the
Bylaws; or (c) take no further action.
Question 2:

“Can Bylaw Chapter VIII be used by a District President as a means of accomplishing
Bylaw 2.27 a 1 and 2? If a District President so decides, must the complainant follow
Chapter VIII if he wishes to pursue the matter?”

Opinion: This question was answered in the opinion to Question 1 above. It should be noted, however,
that the procedure under Chapter VIII of the Bylaws begins with a requirement (Bylaw 8.05) that the
parties involved in the dispute must meet together face to face in a good-faith attempt to settle their