LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 20−24, 2004, Page 2

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with entirely different responsibilities. In the event that a District President was selected for service on the
Appeal Panel who has already served on the hearing panel, Bylaw 8.17 also allows for a request for the
disqualification of that panel member on the basis of partiality or the appearance thereof. Therefore, the
fact that the Council of Presidents and the same charges may be involved in both processes will not be a
factor in the final outcome of the suspension process.
Question 2:

Given the fact that Bylaw 2.21 states that there is only one remedy and only one action
which can be taken by Synod under this bylaw, and given the fact that both restricted status
and suspended status fall under Bylaw 2.21, by what justification does the CCM declare, in
response to Rev. Lindeman's question #4 addressed by CCM (January 28 minutes), that
restricted status and suspended status are two different actions? How is the opinion of CCM
not a contradiction of the wording within Bylaw 2.21?

Opinion: Bylaw 2.21 is a general introductory paragraph to Section “D. Restricting, Suspending, and
Expelling Congregations or Individuals from Membership” of Chapter II of the Bylaws. It speaks of
instances of “ungodly life” by ordained and commissioned ministers and clarifies that the Synod and its
Districts cannot be held responsible to regulate, restrict, or control the activities in the life of an individual
member of the Synod. It further states that the only remedy available to the Synod in response to such
improper activities is to take “such action as may lead to the termination of that membership and the
attendant rights and privileges.” The remainder of Section D provides a series of provisions detailing that
“remedy,” which includes more than one possible action: restriction (Bylaw 2.23), suspension (Bylaw
2.25), expulsion (Bylaw 2.27), and also a procedure for petitioning the removal of restricted status (Bylaw
2.29). The prior opinion of the Commission is therefore not a contradiction of the wording within Bylaw
2.21.
Question 3:

What provisions are given within the Constitution and Bylaws to protect a pastor from
repeated threat of expulsion from Synod by the repeated application of heresy proceedings
under Article 2.21 for the same stated reasons or charges by his District President?

Opinion: As stated in the response to question 2 above, Bylaw 2.21 is a general paragraph that contains
no proceedings. It introduces actions that may be used according to the judgment of the District President.
One such action, as noted in the question, is suspension (Bylaw 2.25), which sets in motion the procedure
set forth in Bylaw 2.27, a procedure that continues until membership is terminated or the formal
proceedings are completed favorably to the member. This is an action that can only be initiated one time
for any given reason(s) or charge(s), since the outcome of the expulsion process is binding (Bylaw 8.09 c
3 a; 8.09 e 1).
Question 4:

When are heresy proceedings against a pastor ever final for a pastor if a District President
is not limited in number of times that he can place a pastor on restricted status or suspended
status for the same reason?

Opinion: As explained in the response to question 3 above, suspended status as to a particular action for
termination of membership is a one-time action that continues until membership is terminated or formal
proceedings are completed favorably to the member. Bylaw “2.23 Restricted Status” includes no
limitation on the number of times that a District President may place an individual member on restricted
status if information with respect to such member provides a substantial basis to conclude that any or all
of the three reasons for such action given in Bylaw 2.23 apply to the member.
Question 5:

What is the nature of the Bylaws of Synod that failure of the COP to meet the requirements
of the Bylaws are a "matter of concern" and therefore to be dismissed, but the sequence of
actions by the District President "meet the requirements of the Bylaws" and is therefore to

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