LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 49

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(a) Shall determine whether Bylaw 2.15.3 provisions have been carried out and shall thoroughly
investigate the matter to determine whether the facts learned from his investigation form a basis for
expulsion of the member under Article XIII of the Constitution…. [2.15.4 (a)]
(b) Shall proceed in the manner described in Matthew 18:15−16 as the requirement of “admonition”
in Article XIII of the Constitution, if applicable, continues to be carried out. [2.15.4 (b)]
In the event the President of the Synod is disqualified because he has a conflict of interest or is unable to
act, the chairman of the Council of Presidents or the next qualified officer of the Council of Presidents
shall function in his place in carrying out any of the following bylaw provisions. The majority vote of the
district presidents of the Council of Presidents, excluding the involved district presidents, shall determine
any challenge to the eligibility of the President of the Synod to act which is not agreed to by the President
of the Synod. [2.15.4.1]
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The President of the Synod, prior to beginning his investigation of any information that he has received,
shall inquire whether the required consultation with the accuser’s ecclesiastical supervisor has taken place
in all its parts. If the consultation has not taken place, the President of the Synod shall redirect the accuser
to his ecclesiastical supervisor to carry out the provisions of Bylaw 2.15.3.
In cases in which a conflict of interest exists or the President of the Synod is unable to act, the chairman of
the Council of Presidents or its next qualified officer shall be asked to function in the President’s place. In
cases in which the eligibility of the President of the Synod is challenged and he does not agree, the matter
shall be presented to the Council of Presidents with opportunity for input by the challenger and the
President. The final determination shall be made by majority vote of the Council of Presidents, excluding
the participation of involved district presidents. All communications and record of the final decision shall
be included in the official record of the investigation.

2.3 President of Synod may appoint a small investigative committee
…He may appoint a small investigation committee (cf. Bylaw 4.4.6). If the accused is a district
president, the investigation shall include consultation with that president’s district board of directors
and district vice-presidents. He may also consult with the circuit counselors of the given district.
[2.15.4 (a)]
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If the accused is an officer of the Synod, the investigation shall include consultation with the officer’s
district president. If a district president, the consultation shall include consultation with that president’s
district board of officers, vice-presidents, and circuit counselors.
The purpose of the thorough investigation shall be (1) to determine the truth regarding the accusations that
have been raised, (2) to assess the full extent and consequences of any misconduct that may have taken
place, and/or (3) to determine whether sufficient reason exists to warrant the member’s expulsion from the
Synod under Constitution Art. XIII.
Care shall be taken during the investigation to offer spiritual support and guidance to the involved parties.
The President of the Synod may authorize other persons to assist him in reviewing the allegations and in
conducting the investigation.
The President of the Synod or his representative(s) shall attempt to meet and/or speak with the accuser(s).
A written record of all such meetings and conversations shall be maintained and shared with the accuser(s)
prior to its inclusion in the official record of the case. If additional accusations surface, signed detailed
written statements shall be obtained. Accusers shall be informed that in the interest of fairness to the
accused, their names may be revealed in the course of the Bylaw section 2.15 process.
The President of the Synod or his representative(s) shall also arrange to meet with and inform the accused
of the allegations that have been received and to provide opportunity for a response. A written record of
this meeting shall be maintained and shared with the accused prior to its inclusion in the official record of
the case. Opportunity shall be provided for additional written comment by the accused.
The accused shall refrain from initiating any personal or private contact with the accuser(s) while the
investigation is underway, except in the presence of two or three witnesses.
The investigation shall also include interviews with persons suggested by the accuser(s) or the accused as
well as with other witnesses as necessary for a full and thorough investigation. A written summary of these

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