LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 14, 1993, Page 1

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The Commission is fully aware of Bylaw 8.11 which refers to the autonomy of the congregation. The
Synod cannot dictate to the congregation what it must do. It may, however, suggest appropriate action and
may also, if action is taken which is inconsistent with or contrary to the position of the Synod, take
appropriate action with respect to the congregation if a Dispute Resolution Panel had reached the
conclusion that such action did indeed not conform to the position of the Synod.
With respect to the question of interference of a district president in the implementation of Bylaw 8.07 a,
the Commission concludes that such interference would be inappropriate. However, it also observes that
notification of the district president by the Secretary with regard to a request for a reconciler as well as
consultation with him does not, in itself, constitute such interference.
The Commission believes that this responds to the questions which have been raised. If necessary, it will
respond to further questions for clarification. The Commission further hopes and prays that the parties
meeting together with a reconciler will be able to achieve a means for appropriately dealing with their
differences.
Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters
August 14, 1993 Conference Call
46. Chairman Groh called the meeting to order and asked Walter Tesch to lead the Commission in prayer
for God's guidance and blessing.
47. Restriction and Suspension (Ag. 1968) : A pastor had requested an opinion from the Commission on
Constitutional Matters with respect to three special questions. Because the questions were forwarded by a
pastor from the district previously served by Dr. Schlecht, he declined to be involved in the decision
regarding the opinion which would be forwarded.
After reviewing the questions which had been presented, the Commission decided to respond as follows to
each of the questions addressed to it.
1.

May a District President place a pastor on restricted basis and then in less than two months suspend
that pastor, despite the Handbook provision that "such restricted status shall continue for a period of
one -year or a lesser period if the matter is satisfactorily resolved"? (2.23C)
To this question, the Commission responds as follows:
Yes, he may. Bylaw 2.23 does not create a vested right to remain on restricted status for one year
no matter what the circumstances. Placing a member on restricted status is an action available to a
District President under the circumstances set forth in sub-paragraphs 1, 2 and 3 of Bylaw 2.23 a,
one of which is conduct by a member which could lead to expulsion from the membership roster
of the Synod. Bylaw 2.23 places a limit on the period of time a member may be placed on
restricted status without review. It restricts the District President from exercising unlimited
authority in placing and maintaining a member on such status.
The Commission on Constitutional Matters holds that the time periods in Bylaw 2.23 c place
conditions on the duration of restricted status. In no manner whatsoever do such period modify or