LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 28

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Opinion: The answer to this question is: No. The Constitution and Bylaws of the Synod do not prohibit a
District President or any other member of the Synod on its clergy roster from being nominated and
elected to the office of District President while his suspended status is under appeal. Bylaw 4.51 only
requires that a District President “be elected from the clergy roster of the Synod.”
The Commission has addressed this question previously in its opinion 98-2122 in which it stated:
It is correctly noted that “if a District President is placed on suspended status, he is to be
relieved of his duties as District President under the provisions of Bylaw 2.25, c.” The bylaw
states that a member on suspended status shall “be relieved of the duties and responsibilities
which the member holds with the Synod, District, or other agency of the Synod.” Also asked
is, “But what of his office? Does he retain his office until relieved by the next convention of
the District?” While formal proceedings are taking place, the District President retains his
office, but he is relieved of the duties of that office until such time as a final decision is
reached under the dispute resolution process. However, if while formal proceedings are
underway, the term of office of the District President comes to an end, the District may, if it
chooses, re-elect the District President. If re-elected, the District President continues to be
relieved of the duties of his office and will only resume such duties if the final decision in
the dispute resolution process determines that the District President has not violated Article
XIII, 1, of the Constitution of the Synod.
But “if a District chooses to keep the suspended District President in office – as has
happened with congregations and suspended pastors – what recourse does the Synod have?”
If at the conclusion of formal proceedings a District President is expelled as a member of the
Synod, he is also removed from the clergy roster of he Synod. Since Bylaw 4.51 requires
that a District President be on the clergy roster of the Synod, expulsion from the Synod also
terminates the District Presidency of the expelled member.
101. Adjournment
After establishing dates for its next meetings and all available time having been expended, the meeting
was closed with words of benediction by Albert Marcis.

Raymond L. Hartwig, Secretary

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