LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 5-6, 1976, Page 6

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Any charge that may result in an individual's expulsion from the Synod is a serious
one. Issuing a transfer without resolving the charge may itself have the effect of
delaying a decision. The Commission holds that an individual is not deprived of his
rights when a requested transfer is declined pending the resolution of such charges.
4) "When charges that could involve expulsion from the Synod have been found to be invalid by a
proper synodical agency, what appropriate discipline is to be imposed on the person or persons
who filed the misleading charges (cf. Council of Nicea)?"
If the accused is of the opinion that charges were filed in a malicious way involving a
violation of the eighth commandment, the procedures of Matt. 18 ought be followed and if
these are unsuccessful those of Section V of the Handbook may be followed.
33. Irvine (Ag. 927; 934): The Commission had been asked by the Board of Directors of the Southern
California District and by Vice-President Matthias of that District to rule on the priority of synodical
resolutions especially in regard to Christ College Irvine. Reference was made especially to the actions of
the Board of Directors with respect to these resolutions. After considerable discussion the Commission
decided to inform the petitioners that it interprets New Orleans Res. 6-31 to mean that $2,000,000 were to
be made available to Irvine as soon as $2,000,000 of funds not designated for other purposes by the donor
were received for the Thankoffering.
34. Cal-Nev Bylaw Proposal (AQ. 933A): Secretary Iverson had asked whether it would be constitutional
for the District convention to consider a proposal to change the District bylaws to remove a reference to
the synodical Commission on Constitutional Matters. The Commission held that it was not able to rule
since no bylaws were available to determine the context of the bylaw which was to be removed by means
of the overture.
35. Calling Special District Convention (Ag. 933B): The same source had inquired about the
constitutionality of a proposed District bylaw providing an additional way in which a special convention
of the District could be held. The Commission ruled that this proposal would be in conflict with the
Constitution of the Synod.
36. Procedures in Forfeiture of Membership (Ag. 916): President Frederick Niedner of Nebraska had
requested a specific statement regarding procedures in the forfeiting of membership by congregations.
The Commission resolved to address the following reply to him:
The best reference to procedures regarding forfeiture is found in Article XIII of the Synod's
Constitution: "If all negotiations and admonitions fail of their purpose, such congregation forfeits
its membership in the Synod."
The Commission on Constitutional Matters holds that the District president has the responsibility
to determine when negotiations and admonitions have failed of their purpose. When that point is
reached the District president should notify the congregation in writing that it has forfeited its
membership in the Synod.
Perhaps you may want to advise the congregation that if it refuses to accept this judgment it has the
privilege of invoking the procedures outlined in Bylaw 5.11 and following, which speak of
suspension and expulsion.