LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 2, 2002, Page 2

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63. Interpretation of Article VI 1 b of the Constitution (02-2278)
Several faculty members of a university of the Synod, in a June 24, 2002 e-mail letter, asked for
definition of the phrase “taking part” as it occurs in Article VI 2 b of the Constitution. After discussion of
a draft response, the Commission agreed to postpone a final decision until its next meeting.
64. Clarification of Effect of Suspension of a Congregation (02-2280)
A pastor of the Synod, in a June 27, 2002 e-mail letter, requested an opinion regarding the suspension of a
congregation by a District President and the practical results of such a suspension.
Question 1:

“May a District President suspend a congregation pursuant to Bylaw 2.25 if he rules that
the congregation is persisting in ‘offensive conduct’ (Article XIII) by effectively
‘terminating’ its pastor for unscriptural and unconstitutional reasons (e.g., personality
conflict) by discontinuing or severely reducing the pastor’s salary or by other such
circuitous means while not actually removing the pastor from office? This question
assumes that appropriate admonition has been carried out according to Scripture and the
synodical Bylaws.”

Opinion: Bylaw 2.25 a provides that when formal proceedings have been commenced against a member
of the Synod (individual or congregation) under procedure set forth in Bylaw 2.27 which may lead to the
expulsion of such member from the Synod, the member shall have suspended status. Thus suspended
status is not an independent act by a District President but is, rather, a status that follows automatically
when the District President formally requests expulsion of the member from the Synod (Bylaw 2.27 c).
Formal proceedings to terminate a congregation’s membership in the Synod can only be commenced by a
District President after he has thoroughly investigated the matter and then concluded that the facts form a
basis for termination of the congregation’s membership under the criteria established in Article XIII of
the Constitution of the Synod, which includes “an offensive conduct.” However, termination of a
congregation’s membership in the Synod is not decided by the District President if the congregation does
not consent to termination of its membership in the Synod. Rather, that decision is made by a Dispute
Resolution Panel after it hears the evidence presented by the District President and the congregation.
What constitutes “offensive conduct” is a decision to be made by the Dispute Resolution Panel, taking
into consideration the provisions of Article III 9 of the Constitution of the Synod which states that one of
the objectives of the Synod is to “provide protection for congregations, pastors, teachers, and other church
workers in the performance of their official duties and the maintenance of their rights.”
Question 2:

“What is the practical effect of suspension on the suspended congregation? Is that
congregation entitled to call another pastor while on suspended status? If not, may the
District President refuse a request from the suspended congregation for a call list until the
suspension has been resolved?

Opinion: Bylaw 2.25 b states: 1) Suspended status continues until membership is duly terminated or the
formal proceedings are completed favorably to the member; and 2) While on suspended status a member
shall continue to hold all rights under the Constitution and Bylaws of the Synod subject to the limitations
set forth in the Bylaw. Such limitations (Bylaw 2.25 c 1-4) are applicable to individual members of the
Synod. The Bylaws are silent as to limitations on activities of a congregation that is on suspended status.
However, Bylaw 2.45 addresses issues relating to the calling of ministers of religion. Included therein is
the requirement that when calling an ordained minister, a congregation shall seek the advice of the
District President. Having sought such advice from the District President, the congregation has complied
with the bylaw.
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