LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 22–23, 2019, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Hilton Airport Hotel, St. Louis
March 22–23, 2019
194. Call to Order and Opening Devotion
Commission Chairman Dr. George Gude called the commission’s meeting to order with all members
present. Atty. Tom Deadrick offered devotions Friday and Saturday mornings, based on Matt 27:50, on
Friday, and, on Saturday, John 3:16; 2 Cor 5:21; and Rom 3:21–25.
195. Further Questions Regarding Restricted Status (18-2871A)
By a letter of Oct. 15, 2018, the member who posed the question of Op. 18-2871 (CCM minutes of Feb. 2,
2018) asked several follow-up questions, all related to restriction of a called worker. Regarding the opinions
supplied to questions 5 and 8 of that opinion, the member wrote (the questions have been edited for brevity):
Question 1:

What is expected of the district president in accordance with Bylaws 2.13.2.3 and 2.13.2.4?
Is any letter a district President writes, no matter how generic or general, in the spirit of
Bylaw 2.13.2.3 and 2.13.2.4? Is a district president fulfilling the intent and spirit of these
Bylaws by simply saying, “You are belligerent” or “domineering” without explaining how
this is so? How, then, is it possible to follow Bylaw 2.13.3 to file a petition disagreeing
with charges that are not clearly spelled out?

Opinion:
The bylaws do not specify what is to be included in the notification of restricted status; the
wording would be unique to each situation, and this commission is not charged with findings of fact, such
as determining the sufficiency of particular language. The purpose of restricted status is to allow the district
president opportunity to conduct an investigation and to address a serious situation wherein he has
determined that allegations of conduct or incapacity, neglect, or refusal to perform duties have a substantial
basis without yet initiating formal expulsion procedures. If a member of the Synod believes that the
restricted status is not appropriate, the bylaws provide the member a process for petitioning to have the
status removed. Should a restricted member petition for removal of restricted status under Bylaw 2.13.3.2,
the district president’s adherence to Bylaws 2.13.2–2.13.2.1 and 2.13.2.3–4 would be subject to the panel’s
review. This would include a review of whether the worker was properly notified in writing of “the specific
reasons for having been placed on restricted status,” particularly in light of the requirement of Bylaw
2.13.2.4, namely, that the district president would “continue efforts to resolve those matters which led to
the imposition of restricted status.”
Question 2:

Isn’t the intent as stated previously in your letter, “Restricted status is intended to be a
temporary step taken by the district president while he conducts an investigation to
determine if the alleged conduct rises to the level of expulsion from the Synod under Article
XIII, or until the matter is resolved”? How can one appeal an investigation if there are not
specifically defined charges? Doesn’t the force of the Bylaw and its intent allow this
temporary step to become a perpetual, on-going step because an investigation, by its very
nature, can take years?

Opinion:
Restriction is not punitive, but investigative, so that alleged or suspected conduct that could
lead to expulsion for incapacity, neglect, or refusal to perform the duties of office can be investigated and
addressed, and a resolution reached (Bylaws 2.13.2.1, 4). Restriction can be renewed on an annual basis,
and a restricted member can petition for removal of restriction on an annual basis, again with the hearing
panel reviewing the district president’s determination of substantial basis for the restriction (Bylaw
2.13.2.1) and his adherence to relevant bylaws. Were the worker to petition for removal of restriction, the
district president would have to justify the restriction to the panel’s satisfaction, under relevant bylaws.

CCM Minutes – March 22–23, 2019 – Page 149