LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 2, 2007, Page 5

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Opinion: Yes. If a member of the Board of Directors is a member of the Synod, the dissent provisions of
Bylaw section 1.8 apply to any such expression of dissent.
Question 2D: What remedies exist in the Constitution and Bylaws of the Synod in the event that the
manner of dissent to a synodical resolution exceeds that which is provided in the
Constitution and Bylaws of the Synod?
Opinion: Bylaw section 1.10, detailing the dispute resolution process of the Synod, would generally apply
to an assertion that a member is in violation of the dissent provisions of the Constitution and/or Bylaws of
the Synod. If such conduct were sufficiently egregious or repetitive so as to implicate the expulsion
provisions of Article XIII of the Constitution, Bylaw section 2.14 would also be applicable. See also
Opinion 05-2444 for a discussion of dissent.
179. Formal Written Complaints, Public Rebuke, and Face-to-Face Meetings (06-2484)
In a September 27, 2006 letter to the Commission, a pastor of the Synod asked a series of questions
regarding the meaning of Bylaw 2.14.3, specifically the meaning of “any formal written complaint or
accusation,” public rebuke of public sin, and the Matthew 18:15 face-to-face provision.
Question 1: Do the words “complaint” and “accusation” mean essentially the same thing? Do they or can
they refer to different things?
Opinion: In the context of the bylaw, while the words “complaint” or “accusation” are clearly
synonymous, essentially it is formal “allegations” or “information” (Cf. 2.14.3 and 2.14.4) that can lead to
the expulsion of a member from the Synod under Article XIII (2.13.1; 2.14.1; 2.14.3; 2.14.4).
Question 2: In this bylaw, do the adjectives “formal” and “written” modify an “accusation” as well as a
“complaint”? In other words, can this accusation be informal and/or unwritten?
Opinion: If it has been determined that Bylaw section 2.14 is the appropriate bylaw section and if an
action is to be commenced, this bylaw section, which prescribes the procedure for expulsion from
membership in the Synod, requires in Bylaw 2.14.4 “a formal written complaint or accusation made by a
member of the Synod who has carried out the above provision (Bylaw 2.14.3)” unless the district
president becomes aware of information that could lead to expulsion by his own personal knowledge
(emphasis added).
Question 3: Can the noun “complaint” or the noun “accusation” refer to an expression that occurs outside
the process for expelling a member from the Synod, such as a public rebuke of public sin?
Opinion: Although the words "complaint" and "accusation" are used elsewhere in the Bylaws, the
Constitution, Bylaws, and resolutions of the Synod do not address this question.
Question 4: Does this bylaw forbid any member of the Synod from publicly rebuking another member for
public sin such as false doctrine prior to i.) the rebuker consulting with the appropriate district
president (i.e., the consultation mentioned in this bylaw) and/or ii.) the process for expulsion
which follows upon this consultation?
Opinion: The bylaw in question deals only with the process of expulsion from membership. The
provisions and processes of the bylaw (expulsion from membership) do not prohibit any Christian from
following biblical and confessional principles in rebuking a Christian brother or sister so long as the
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