LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 20, 2002, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
August 20, 2002
54. Conference Call Meetings
The Commission, after a series of conference calls and shared drafts, finalized the following opinion 022282 on August 20, 2002. Because the Secretary submitted the questions, he was asked to excuse himself
from the deliberations leading to the decision.
55. President's Duty to Call up for Review (02-2282)
The Secretary of the Synod has submitted the following questions to the CCM:
Bylaw 3.101 B 5 requires that the President of the Synod shall “call up for review any
action by an individual officer, executive, or agency which, in his view, may be in
violation of the Constitution, Bylaws, and resolutions of the Synod and, if he deems
appropriate, request that such action be altered or reversed.” It also speaks of “the
President’s constitutional duty to report to the Synod those who do not act in accordance
with the Constitution and do not heed his admonitions, as prescribed in Art. XI B 2.”
Question 1:

Does Bylaw 3.101 B 5 give to the President of the Synod the right and/or the
responsibility to call up for review an action of an officer carrying out the
responsibilities of Bylaw 2.27 c and request that such action be altered or
reversed?

Question 2:

Does Bylaw 3.101 B 5 give to the President of the Synod the right and/or the
responsibility to report to the Synod via pastoral letter the calling up for
review of an action of an officer carrying out the responsibilities of Bylaw
2.27 c if such officer does not heed his admonitions?

Although the Secretary’s letter references Article XI B of the Constitution, the two specific questions as
posed deal only with the President’s rights and responsibilities under Bylaw 3.101 b 5 as it relates to
review of an action of an officer of the Synod acting under Bylaw 2.27. Under Bylaw 2.27, the
investigating officer is to thoroughly investigate allegations, follow the guidelines of Matthew 18, and if
he concludes the facts form a basis for expulsion under Article XIII of the Constitution, prepare and send
to the concerned member a written statement of the case and a notification of the member’s suspended
status. If the member contests expulsion, Bylaw 2.27 d then requires the investigating officer to forward
to the Secretary of the Synod the statement of the matter in dispute and a memorandum describing
compliance with Matthew 18. Under the dispute resolution process, a Dispute Resolution Panel is then
formed under the provisions of Chapter VIII of the Bylaws, and the panel eventually issues a decision.
Under Bylaw 8.09 c 4 d, that decision is then publicized as deemed appropriate by the District or
synodical President.
When a decision is issued by the panel, any party to the dispute, or the President of the Synod (in
recognition of the President’s power and responsibility under Article XI B 1-3), if a question of doctrine
or practice is involved, may request reconsideration, and the President may request an opinion of the
CCM or CTCR.
Assuming that all persons involved have scrupulously followed the provisions of Bylaw 8.21 e and the
CCM’s prior opinions, the President may learn of the basis of the action of the investigating officer only