LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 5

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be the basis for expulsion from the Synod: “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.”
Question 3:

If a convention resolution is brought forward as applicable in the matter before the officer
who is to make a decision under Bylaw 2.27 c and that officer under the duties of LCMS
Constitution Article XI B 4 fails either to distinguish the applicability of the convention
resolution or apply the convention resolution in his decision, is that officer derelict in his
constituted duties?

Opinion: As stated in the previous opinion, the duties of Article XI B 4 are those of the President and not
those of the officer who carries out the function of Bylaw 2.27 c. Whether or not such 2.27 c officer is to
distinguish the applicability of a convention resolution or to apply such resolution in his decision depends
upon whether such resolution relates to the causes for expulsion as set forth in Article XIII of the
Constitution.
Question 4: If the officer who makes the decision under Bylaw 2.27 c is deemed to be derelict in his
constituted duties, is not the decision rendered invalidated?
Opinion: Neither the Constitution nor the Bylaws of the Synod use the word "derelict" and thus the
Commission chooses not to address that issue. The decision of the 2.27 c officer is put to the test when
the officer presents the matter to a Dispute Resolution Panel and the accused is there given an opportunity
to refute the charges. The decision of the Dispute Resolution Panel or Appeal Panel will determine
whether the officer was correct in his decision rendered under the provisions of Bylaw 2.27 c.
Question 5:

If the Secretary of the Synod offers questions to the Commission on Constitutional Matters
concerning the supervision of the office of the President in an open case before the church
questioning the applicability of Bylaw 3.101 in the presidential supervision and decision
process of a complaint leading to the suspension of a rostered worker, 1) can the Secretary
participate in the discussion of the issue since he has violated neutrality; and 2) can the
Secretary continue to be involved in the process of the complaint under discussion in any
way since he has violated neutrality?

Opinion: Bylaw 3.905 d states that one of the duties of the Commission on Constitutional Matters is to
interpret the Synod's Constitution, Bylaws and resolutions upon the written request of, among others, a
member of the Synod or an official of the Synod. Accordingly, the Secretary is qualified to ask for an
interpretation. The Secretary is a nonvoting member of the Commission. When the Commission considers
a question that is asked by a member of the Commission or involves a conflict of interest by a member of
the Commission, such member does not participate in the discussions leading to the opinion. As an
example, the questions addressed in opinion 02-2282 were asked by the Secretary of the Synod and the
final paragraph of that opinion states that the Secretary took no part in those discussions.
Both parts of the question addressed by this opinion state that the Secretary has violated neutrality.
Asking for an interpretation of the Synod's Constitution, Bylaws or resolutions is not a violation of
neutrality. Rather, it is an exercise of a right that the Synod grants to its members and officials to gain a
proper understanding of the Constitution, Bylaws and resolutions of the Synod.
Once an opinion has been rendered on a question, such opinion is binding on the question decided unless
and until it is overruled by a synodical convention (Bylaw 3.905 d). After the opinion is rendered, the
member of the Commission who asked the question or had a conflict of interest resumes his full duties as
a member of the Commission.
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