LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 28, 2004, Page 10

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Question 1:

How will the Commission on Constitutional Matters follow up on its Opinion 02-2309 to
assure that error will be amended?

Opinion: The functions of the Commission on Constitutional Matters are set forth in Bylaw 3.905.
Paragraph d of that bylaw states that the Commission is to interpret the Synod’s Constitution, Bylaws,
and resolutions upon the written request of a member, official, board, commission, entity, or agency of
the Synod. Thus the Commission is limited to providing an interpretation of the Synod’s Constitution,
Bylaws, and resolutions. It has no power or authority to enforce its opinions.
Question 2:

If it is not the charge of the Commission on Constitutional Matters to call upon the
President to correct his error in ecclesiastical supervision, what is the correct process for
assuring that the President conforms to the binding opinion of the Commission regarding
correcting his counsel after discovering that it was in error and that the District President
“consider the corrected counsel”?

Opinion: Article XI of the Constitution of the Synod states that the officers of the Synod (and this would
include the President) are responsible to the Synod for the performance of their duties. It further states
that the Synod has at all times the right to call its officers to account and, if circumstances require it, to
remove them from office in accordance with Christian procedure. Accordingly, it is a convention of the
Synod that has ultimate authority over the President as to his performance of his office.
Question 3:

How is that correction then to be made known to the whole Synod?

Opinion: There is no provision in the Constitution, Bylaws, and resolutions of the Synod that addresses
this issue.

245. Restricted and Suspended Status (04-2381)
A pastor of the Synod, in a January 21, 2004 e-mailed letter, asked a series of questions regarding
“Restricted Status.”
Question 1:

Based on the Constitution and Bylaws of the Synod, is the following sequence of actions
legally and/or ethically permissible within the LCMS?
1. A pastor is placed on restricted status by his District President for reasons X.
2. The pastor appeals his restricted status to the Council of Presidents.
3. The Council of Presidents fails to render a fair and timely decision on the appeal
within the six months that the Constitution of the Synod allows for their
deliberation of the appeal.
4. The pastor therefore requests that his restricted status be dropped on the grounds
that the Council of Presidents has failed to render a fair and timely decision of his
appeal.
5. The District President “voluntarily” drops the restricted status at the pastor’s
request.
6. A meeting for purposes of reconciliation is scheduled by the District President with
this same pastor.
7. At this meeting for reconciliation the District President changes his mind and
decides to renew his charges against the pastor.

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