LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 20–21, 2008, Page 2

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59. District President Authority During Appeal Process (08-2520)
In a letter dated June 11, 2008, a pastor member of the Synod asked for an opinion from the commission
regarding the authority of a district president to restrict the activities of a pastor of a congregation during
Bylaw section 2.14 or 2.17 expulsion processes.
Question:

When a district president suspends a pastor for allegations of sexual misconduct (or otherwise),
after a proper investigation of the situation(s), does the district president have
the authority to
restrict the activity of a parish pastor in the congregation prior to completion of the full appeal
process?

Opinion: According to paragraph 8 of Article XII of the Constitution of the Synod, district presidents are
empowered to suspend ordained and commissioned ministers from membership in the Synod “for persistently
adhering to false doctrine or for having given offense by an ungodly life.” The suspension must be in
accordance with procedures set forth in the Bylaws of the Synod.
When formal proceedings are commenced under the procedures set forth in Bylaw sections 2.14–2.17, the
accused member has suspended status (Bylaws 2.13.4; 2.14.6 [a]; et al.), which continues until the formal
proceedings are completed or until membership is duly terminated. A suspended member continues to
hold all rights under the Constitution and Bylaws of the Synod except, according to the provisions of
Bylaw 2.13.4.2 (a–c): (a) the member is relieved of duties as a member of the Synod; (b) the member is
relieved of any duties and responsibilities with the Synod, the district, or another agency of the Synod;
and (c) the member is ineligible to accept a call to another position of service in the Synod.
Under the suspended status provision of the Bylaws, a district president does not have the authority, either
under Article XII or Bylaw 2.13.4.1, to limit the activities of the pastor of a congregation in that member
congregation. Bylaw 2.13.4.3 states: “The member on suspended status shall continue to be eligible to
perform those duties and responsibilities of any other position which such member held at the time when
placed on suspended status, including a position with a member congregation.”
Under the provision, a district president must also advise the congregation being served by the suspended
member to take appropriate action so that the rights of both the member and the congregation are
preserved (Bylaw 2.13.4.3 [a] [3]).
60. Face-to-Face Meeting Requirement (08-2527; 08-2529; 08-2529A)
In letters dated July 31, August 20, and September 9, 2008, a pastor of the Synod asked a series of
questions related to the initiation and processing of an action which could result in the expulsion of a
member from the Synod. Pursuant to the provision of Bylaw 3.9.2.2 (b), the commission advised the
questioner’s ecclesiastical supervisor of the submission of the questions and provided opportunity to
submit information believed to be important for the commission to know in providing its response. This
input clarified that the questions were purely hypothetical, that no action under Bylaw section 2.14 had
been initiated, and that the ecclesiastical supervisor, in an attempt to avoid the need to initiate such action,
had requested that the member come to his office to discuss an issue of concern regarding information
that was being published by the member concerning the ecclesiastical supervisor. The commission
responded to the questions that were submitted as follows.
Question 1: Does a privately or publicly stated personal opinion concerning the actions of a district
president constitute a basis for the initiation of an action which may result in the expulsion of
a member from the Synod?

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