LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 9-10, 1990, Page 11

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2. Question: May the Commission on Appeals direct a district president to take specific actions
of a theological or disciplinary nature as he exercises supervision of a pastor whose case has
come before the Commission?
Response: The Constitution of the Synod, Article XII, 7 and 8 gives to the president of the
district the responsibility for exercising "supervision over the doctrine, life and administration
of the pastors" of their districts. They are empowered to "suspend from membership pastors,
professors and teachers for adhering to false doctrine or having given offense by an ungodly
life, in accordance with such procedure as shall be set forth in the Bylaws of the Synod".
Bylaw 4.73 clearly defines the responsibility for supervision of "the doctrine, the life, and the
official administration on the part of the ordained or commissioned ministers who are
members through his district ... ” as being that of the district president. No provision is made
for the involvement of the Commission on Appeals in this matter. Consequently, it is
manifestly improper for the Commission on Appeals to insert itself into the supervisory or
consequent disciplinary process to the extent that it prescribes or mandates the theological or
disciplinary action which a district president must take in carrying out his supervisory
responsibility. This does not preclude the possibility that the Commission may offer
suggestions for consideration by the district president in the spirit of Christian harmony.
3. Question: May the Commission on Appeals direct a district president to remove the restricted
status he has imposed upon a pastor, and to do so within a specific time frame?
Response: No, it may not. There is nothing in Bylaw 8.31,a-e which grants jurisdiction to a
Commission on Adjudication to deal with the restriction of a pastor. Consequently, on the
basis of 8.39, the Commission on Appeals has no jurisdiction in the matter. Bylaw 2.23
places no time limit on restriction. In fact, section b implies that it is only in cases "in which
the adjudication and appeals procedures as set forth in these Bylaws, that may lead to
termination of membership (expulsion) in conformity with Article XII, 8 are begun" that the
Bylaw relating to suspended membership is to apply and the restricted membership is to
become suspended membership. If these procedures are not begun, the district president may
not be directed to remove the restricted status. That status was expressly provided to allow for
time to satisfactorily resolve issues which first caused the restricted status to be imposed.
4. Question: May the Commission on Appeals determine that a district president has failed to
exercise adequate pastoral care in disciplining a pastor? If so, under what circumstances and on
the basis of which criteria?
Response: There are circumstances in which the adequacy of pastoral care would be an
appropriate subject for consideration by Commissions on Adjudication. For example, Article
XIII,1 of the constitution provides for expulsion "after previous futile admonition," a phrase
which falls within the rubric of pastoral care. However, the Commission on Appeals may
only handle decisions of Commissions on Adjudication by reviewing them, affirming,
modifying or setting them aside and the consideration of the subject is limited to those cases
where pastoral care was an element of the matter before the Commission on Adjudication.
5. Question: May the Commission on Appeals issue binding judgments or decisions on issues that
go beyond the questions under appeal, for example, by stating a doctrinal cause of dismissal of a
synodical professor when the Board of Regents that dismissed him cited other reasons?
Response: No, it may not. Bylaw 8.39 states, "The Commission on Appeals shall handle only
appeals of decisions of Commissions on Adjudication." Bylaw 8.51,h is relevant when it