LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — April 24, 1992, Page 1

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95. Assignment of Floor Committees : Members of the Commission on Constitutional Matters were
assigned to assist the various floor committees for the convention in carrying out their responsibilities,
particularly as these related to any issues which might include constitutional or bylaw concerns.
96. Index of Commission Actions : The recommendation was made and adopted that the index of
Commission on Constitutional Actions be sent to each District Commission on Adjudication chairman and
to the circuit counselors of the districts.
97. Removal from Roster (Ag. 1929) : A pastor had written to the Commission on Constitutional Matters,
asking for an interpretation with regard to the removal of pastors from the roster of the Synod by the simple
procedure of not recommending extension of candidate status. In such a case, the reason for not extending
the candidate status need not be stated. In effect, then, a person is removed from the roster, an action which
amounts to defrocking. The pastor who was raising the question stated that in his view there appears to be a
problem since the Constitution of the Synod points out that expulsion "shall be executed only after
following such procedure as shall be set forth in the Bylaws of the Synod." In view of this, it was pointed
out that Bylaws 2.27,a,b, and d state that the district president must present to the accused "a copy of the
written statement of the case to the involved member." While recognizing that there is a difference between
bringing a charge and thus expelling a member for cause and simply not renewing a candidate status, the
pastor stated that he had difficulty with this approach since the final results seem to be the same in both
cases, namely, removal of the person from the roster of the Synod.
A second question which was presented by the pastor was whether the "ex post facto principle" might be
applied to the situation where at one point in time an original candidate status was extended for three years
and then was later changed to two years. The question was asked whether if a person applied, and was given
candidate status during the three year rule, but was removed was under the two year rule while the third
year had not elapsed, was that not a violation of the ex post facto principle.
In reviewing the situation, it was learned that the person to whom the questions applied had been declined
candidate status because of association with the Word of God Community, a charismatic group. The pastor
did not appeal the declining of renewal of his candidate status. He, however, states that he was not notified.
Recently the Council of Presidents had received a request for reinstatement of the man and that request was
denied. In that action, the pastor was not told why he had not been reinstated and that the reasons for not
doing so were confidential.
The Commission first observed that Bylaw 2.27,a,b, and d are really not relevant as had been recognized by
the person requesting an opinion. Bylaw 2.27 refers to persons who are on the roster and are then suspended
for cause and possibly ultimately removed. It does not apply to a person who has already been removed.
Further, the status of candidate is not a right, but a privilege which the Synod grants. When the Council of
Presidents refuses renewal, it is acting as a body, and it would be impossible to determine that which caused
each district president to vote as he did. Bylaw 2.19 should possibly be made more explicit with regard to
these matters.
The same rationale for not providing the reason for refusal to reinstate applies. Since in the matter of
reinstatement the Council of Presidents also acts as a body, it would be impossible to. determine that which
caused each district president to vote as he did.
As to the matter of requiring a person who was granted candidate status under the three year rule, the
Commission concludes that he cannot be required to meet a two year rule regarding initial candidate status.
The bylaw may not be applied ex post facto.