LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 29, 2003, Page 15

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Opinion: Bylaw 2.23 e requires that, “while a member is on restricted status, the District
President shall minister to that member either directly or through others, concern himself with the
spiritual well being of that member, and continue efforts to resolve those matters which led to the
imposition of restricted status.” If a member believes that the District President is not fulfilling
his responsibilities in this regard, the individual has the rights provided by Bylaw 2.23 d as
discussed above.
Question 4:

If a member of Synod is not notified “in writing as to the specific reasons for
having been placed on restricted status” is it proper for [the] District President to
identify the member’s status as restricted?

Opinion: A member’s restricted status continues until the matter is satisfactorily resolved or until
a District President chooses not to extend the restricted status beyond one year. In the alternative,
restricted status may be terminated by action of the Council of Presidents under Bylaw 2.23 d.
Question 5:

If a member of Synod is not notified “in writing as to the specific reasons for
having been placed on restricted status” how is the member able to appeal this
“undocumented restriction” according to the provisions of Synod Bylaws 2.23 d
and 2.29?

Opinion: If an individual is listed as being on restricted status and feels that he has not been
appropriately notified in writing as to the specific reasons for having been placed on such status,
presumably the Petition for Removal of Restricted Status filed by the affected member under
Bylaw 2.23 d would recite, as at least one of the reasons for the petition, the fact that inadequate
notice or explanation in writing has been provided for the imposition of such restricted status.
Question 6:

If a member of Synod has been put on “restricted status” whether properly or
improperly, does he have to apply for reinstatement or does the proper authority
remove the restricted status?

Opinion: Bylaw 2.23 c provides that restricted status continues for a period of one year or a
lesser period if the matter is satisfactorily resolved. In order for the period to extend past one
year, the District President must notify the member in writing as to the reasons for continuance of
restricted status. If a District President has not chosen to continue restricted status following the
expiration of one year, restricted status would terminate on the anniversary date of the initial
restriction. Reinstatement is not necessary since membership in the Synod continues during
restricted status.
152. Ecclesiastical Supervision and the Filing of Complaints (03-2333)
In a February 9, 2003 letter, a member of the Synod took issue with Commission Opinion 02-2309. He
expressed concern that the opinion contravenes Bylaw 2.27, which provides the right for any person to
bring a written complaint, and creates a hierarchy in the Synod. He asked that Opinion 03-2309 be
revoked. After discussion of proposed draft materials, the Commission agreed to delay action to allow
time for further study.
153. Immediate Termination of Dispute Resolution Process (03-2334)
A pastor of the Synod, after corresponding with the Secretary of the Synod, requested that his questions
be forwarded to the Commission on Constitutional Matters, also adding an additional question. He

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