LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 1–2, 2016, Page 19

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expulsion has been met under Bylaw section 2.17 and Article XIII of the Constitution.” (2.17 SOPM IV
4.5).
Question 13: If a district president, operating under Bylaw 2.14, proceeds to form an investigation
committee, not under Bylaw 2.14.4, but Article XII, 7 of the Constitution, stating that he
was doing so “simply to gather information,” also use the information of that investigation
to place a pastor on suspension, according to Bylaw 2.17, without following the guidelines
laid out in either Bylaw 2.14 or 2.17 for such an investigation, or must the suspension be
lifted and the proceedings canceled? [sic]
Opinion: The district president shall commence action when he becomes aware of information that “could
lead to expulsion of a member” (Bylaws 2.14.4; 2.17.4). Information may be acquired by the district
president in his carrying out of constitutionally-mandated responsibilities to supervise doctrine and life
and administration of office of individual members, or the religious conditions of congregations, whether
personally or through official representatives, i.e., circuit visitors and vice presidents (Constitution Art.
XII 7). That information, even if acquired through official representatives or by any other means, is
grounds for a district president to commence action under either Bylaw section 2.14 or Bylaw section
2.17, as appropriate. The formation of an investigative committee under Bylaw sections 2.14 or 2.17 is at
the district president’s discretion, as needed.
Question 14: If a district president forms an investigation committee under Article XII 7 of the
Constitution, informing the pastor under investigation that the purpose for doing so was to
gather information, and if said investigation committee assures that pastor that they are
only gathering information and will not “draw a conclusion whatsoever,” and if, despite
previous statements to the contrary, that committee produces a report concluding guilt and
the necessity for suspension of that pastor, can that report function to fulfill the
requirements of investigation according to Bylaw section 2.17 and thus be used in the
hearing, or must the suspension be lifted and the proceedings canceled?
Opinion: Bylaw 2.17 poses no “requirements of investigation” to be fulfilled, other than that “[the district
president] shall thoroughly investigate whether the allegations of the accuser can be substantiated. He
may appoint a small investigative committee” (Bylaw 2.17.4 [a]). If the district president forms no new
investigative committee at this point, as is his option to do or not to do, as necessary, it does not itself
constitute a deviation from the required process (see also answer to question 13).
Question 15: Can a district president proceed to suspend a pastor according to Bylaw 2.17 without
interviewing any of the witnesses suggested by that pastor, refusing to review any
documentation from that pastor, without providing that pastor with the accusations and
supposed supporting evidence, and thus, without giving that pastor a chance to respond to
any accusations (cf. SOPM for Bylaw section 2.17, IV 2.3), or must the suspension be lifted
and the proceedings canceled?
Opinion: The district president shall suspend a member when he “concludes that the facts form a basis for
expulsion of the member under Article XIII” (Bylaw 2.14.6; similarly, Bylaw 2.17.6). The fact that the
district president has not at that point reviewed certain documentation or interviewed certain witnesses
does not preclude him from moving forward, so long as he concludes that the facts establish the basis for
expulsion. The hearing panel is, of course, required to consider all such evidence, whether reviewed by
the district president in his decision to suspend, or not, in either upholding or reversing the suspension.
Question 16: Can a district president suspend a pastor under Bylaw 2.17, when he admittedly believes no
sexual actions occurred nor criminal behavior performed (cf. SOPM for Bylaw section
2.17, IV 2.1), or must the suspension be lifted and the proceedings canceled?
CCM Minutes – April 1–2, 2016 – Page 133