LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 18, 1995, Page 2

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

1.

Is a District President required to comply with the Constitution when suspending a member?
A district president is a member of the Synod. The Constitution and Bylaws of the Synod are
applicable to all members of the Synod and the capacity in which they serve.

1.

Is a District President required to comply with the Bylaws of the Synod when suspending a
member?
Same answer as #5 above.

1.

Is a District President required to comply with the Constitution when placing a member on
restricted status?
Same answer as #5 above.

1.

Is a District President required to comply with the Bylaws of the Synod when placing a member
on restricted status?
Same answer as #5 above.

1.

Under Article XIII of the Constitution which requires previous admonition of the member, does
such admonition require the member to be informed of the specific alleged offensive conduct?
Article XIII of the Constitution of the Synod is entitled "Expulsion from the Synod." Paragraph 2
thereof states that expulsion shall take place only after the proceedings take place as set forth in
the Bylaws. The bylaw is 2.27. Bylaw 2.27 a 2 requires compliance with Matt. 18:15-16 and
reconciliation efforts. Bylaw 2.27 c 2 a requires that the accused member be given a written
statement of the case which Bylaw 8.03 defines as a written concise statement containing factual
assertions involving contended or conflicted issues. Likewise, Bylaw 8.09 c 1 directs a Dispute
Resolution Panel to continue efforts to reconcile the parties on the basis of Christian love and
forgiveness. Thus a member is provided numerous occasions where he is informed of the specific
charges before he can be expelled from the Synod by a decision of the Dispute Resolution Panel.

1.

Does Bylaw 2.21 preclude a District President from regulating the activities of a pastor?
Bylaw 2.21 points out that the Synod or a district thereof has neither the duty nor the opportunity
to regulate the activities of a member. Rather, it points out, the activities of a member may be
such that they violate the Constitution and Bylaws of the Synod and thus lead to the expulsion of
the member from the Synod.

1.

Do Article II and VIII of the Bylaws preclude a District President from suspending a member
who has previously been found not guilty of the same charges?

If a Dispute Resolution Panel under Section VIII of the Bylaws, after a hearing and based upon
the facts presented, declines to expel a member from the Synod, the same facts standing alone
cannot serve as a basis for a second action to expel such member from the Synod.
1.
Does Article II of the LCMS Constitution preclude a District President from suspending a
member who has previously been found not guilty of the same charges?
Same answer as #11 above.