LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 20−24, 2004, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
May 20−24, 2004 Meeting
St. Louis, MO
260. Call to Order and Opening Devotion
Acting Chairman Al Marcis called the meeting to order and asked Don Little to lead in an opening
devotion. Chairman Walter Tesch was absent because of his wife’s illness, and Secretary Ray Hartwig
was absent because of his attendance at the concurrent Board of Directors' meeting. Acting Chairman Al
Marcis appointed Don Little to be Acting Secretary. The Commission also sent in writing its best wishes
for God’s blessings to Chairman Walter Tesch and his wife Betty.
261. Review of Materials from the Blue Ribbon Task Force on Ecclesiastical Supervision and
Dispute Resolution (04-2382)
The Commission reviewed and discussed the bylaw changes recommended by the Blue Ribbon Task
Force on Ecclesiastical Supervision and Dispute Resolution as reflected in the Task Force’s
communication to the Commission in February and as reflected in the Task Force’s report in the 2004
Convention Workbook.
262. Meeting With the President of Synod
At the request of the President of the Synod, the Commission met with him regarding issues involving the
Board of Directors of Synod.
263. Discussion Regarding CCM Representation at Floor Committee Meetings
Acting Chairman Al Marcis shared with the Commission his communication with the chairmen of the
various floor committees regarding the assigned representation of CCM members to floor committee
meetings in accordance with Bylaw 3.905 b, which states that the Commission shall “be represented at the
meetings of the floor committees considering constitutional matters at the convention of the Synod.”
264. Restrictions and Suspensions (04-2383)
A Dispute Resolution Panel, upon request of a party to the dispute, submitted a series of questions for a
response from the Commission prior to the panel’s scheduled hearing.
Question 1:

Upon request, if the Council of Presidents has already failed to hear charges placed against
a pastor in a fair and timely manner while that pastor was on restricted status, is it then
possible for the same Council of Presidents to fairly effect the final outcome for the same
pastor who has been placed on suspended status for the very same charges?

Opinion: The failure of the Council of Presidents to respond in a timely manner to a petition for removal
of restricted status, while a matter of concern, is unrelated to a fair outcome of the suspension process, in
which the involvement of the Council will be limited to the possible participation of three District
Presidents in an Appeal Panel. The involvement of the Council of Presidents in the Petition for Removal
of Restricted Status process was also limited to a three-person hearing panel of three District Presidents