LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 21-22, 1975, Page 13

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4. "Christian procedure" would require the citing of convincing proof for the allegation. Where
such proof is lacking or where the charges on the surface seem to be nothing more than a form of
harassment, the charges should not be entertained by those qualified to censure or to remove a District
President from office.
5. On the basis of the powers conferred in each of the following instances the Commission on
Constitutional Matters is of the opinion that a District President can be removed directly from office
(without such removal being the result of expulsion from membership in the Synod) only:
a.
b.
c.

by a convention of the Synod, or
by a convention of that District which had elected him as president, or
in cases of emergency by the President of the Synod subject to the limitations of Bylaw
2.29.

6. It should be noted that specific procedures are not prescribed beyond the statement that such
removal from office must be "in accordance with Christian procedure." Again, whether the procedures
followed did indeed measure up to this requirement is a fit subject for appeal to a Commission of
Adjudication and, if the appeal is carried further, the Board of Appeals.
II
In either of the two types of procedure for removal from office outlined above, suspension from
office shall be imposed prior to removal from office in order to give the District President time and
opportunity to appeal under the provisions of Chapter V of the synodical Bylaws.
The appeals route in either instance is as follows:
A.

B.

C.

If the charge against the District President is one which could result
in his expulsion from membership, the appeal of the District President must be addressed in
every instance to the Commission of Adjudication of his own District (Bylaw 5.21,, b, d;
Bylaw 5.25 b, 1 & 2).
If the cause for the action of removal does not require or imply expulsion from membership in
the Synod, the route of appeal is as follows:
1.

If removal action is taken by the District President's own District convention, the appeal
is to be,addressed to the District Commission of Adjudication (Bylaw 5.21 d).

2.

If the removal action is. taken by a convention of the Synod or by the President of the
Synod, Bylaw 5.25 a is the prevailing bylaw and the appeal is to be directed to the
synodical Commission of Adjudication.

Any action of any Commission of Adjudication may be appealed. by either party to the
synodical Board of Appeals under the terms of Chapter V of the Bylaws.
THE COMMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary

February 21, 1975