LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 18, 1995, Page 1

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Walter L. Rosin, Secretary

Minutes of the Commission on Constitutional Matters
February 18, 1995 Telephone Conference
113. Call to Order : Chairman Groh called the meeting to order and at his request Roland Hopmann led the
members of the Commission in prayer, asking for God's blessings upon the meeting.
114. Restriction and Suspension (Ag. 2001) : A pastor in the Texas District who had been suspended by
the District President raised a number of questions for response by the Commission. The Commission had
previously not dealt with the issues because it felt that since the matter was before a Dispute Resolution
Panel, questions addressed to the Commission on Constitutional Matters were to be formulated and
forwarded by the Panel. The pastor had, however, objected to this process since he contended that he had
forwarded his request before the Panel had been constituted. In view of this, the Commission decided to
respond to the questions which had been forwarded. The following responses were to be provided:
1.

If a District President receives a written complaint against a member of Synod, declines to act
within 90 days, concludes that there is no sufficient basis to sustain the charge, and the complainant
does not pursue the matter with the Praesidium of Synod, does the matter then terminate?
Yes. The answer is found in Bylaw 2.27 b.

1.

When a District President has formed a committee to investigate the work of a pastor in a
congregation pursuant to Bylaw 4.75, and the committee concluded that there was no evidence of
false doctrine, incapacity, or refusal to perform pastoral duties, and the District President arrived at
the same conclusion, may the District then suspend the pastor?
Bylaw 4.75 gives a district president or his representative the authority to investigate problems
which may exist in a congregation. It further provides that the district president shall ask for a full
report on the matter in order that he may have a clear understanding of the situation. Bylaw 2.27
sets forth the procedure for placing a member of the Synod on suspended status. The
implementation of Bylaw 4.75 does not control the decision of a district president under Bylaw
2.27 c.

1.

When a District President has formed a committee to investigate the work of a pastor in a
congregation pursuant to Bylaw 4.75, and the committee concluded that there was no evidence of
false doctrine, incapacity, or refusal to perform pastoral duties, and the District President arrived at
the same conclusion, may the District President then place the pastor on restricted status?
The answer to question #2 is also applicable to this question in that the implementation of the
investigation under Bylaw 4.75 does not control the decision of the district president under Bylaw
2.23 a which deals with restricted status.

1.

If there is a conflict between the LCMS Constitution and the Bylaws, which takes precedence?
The Commission on Constitutional Matters interprets the Constitution and Bylaws of the Synod
under authority granted by Bylaw 3.905 d. Since question #4 does not relate to specific sections
of the Constitution and Bylaws, the Commission declines to respond to question #4.