LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 16, 1995, Page 1

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Referring to Bylaw 4.75 of the Handbook of the Synod, you have asked the Commission to respond to
the following questions:
3.

If a District President has "evidence of a continuing unresolved problem in doctrine or practice,"
believes such an investigation is needed in a congregation, notifies the pastor and president of the
congregation that an investigation will be conducted on the basis of Bylaw 4.75 and then carries out
that investigation without the official approval of the pastor, congregation or its Board of Elders,
does that constitute conducting such an investigation "through the proper channels"?

3.

In such a case, may a congregation, its pastor or Elders nullify the results of a District President's
investigation of unresolved problems in doctrine or practice in a congregation by alleging that the
investigation by the District President or his representatives was not conducted with the approval of
the Board of Elders or congregation?

In addition, in reference to Article VII and XII, 7, of the Constitution of the Synod you have asked:
3.

Does Article VII nullify the right or responsibility of a District President. to arrange for and to
conduct an official visit or investigation in accord with Bylaw 4.75?

3.

Does Article XII.7 in any way conflict with Article VII or with Bylaw 4.75?

3.

What is the relationship among Bylaw 4.75, Article VII and Article XII.7.?

To these questions the Commission provides the following response:
1.

It should be noted that Bylaw 4.75 says "arrange for an official visit or investigation." Assuming
that "notifies" in line three of the question is inadvertently brusque and not fully descriptive of the
procedure followed, the notification is here viewed as a final act after prior requests to cooperate
with arranging an investigation have been rebuffed. Because the congregation is a member of
Synod and as such has agreed to Article V, Article VI, and Bylaw 1.05, d, the notification is an
adequate fulfillment of pre-conditions for conducting the investigation.

1.

The results of an investigation conducted under the conditions described above can be nullified
only by showing them not to be factual, whether by inaccuracy or by incompleteness or both.

1.

In the exercise of its right of self-government, the congregation has joined the Synod, thereby
accepting Article VI, Conditions of Membership, and its further elucidation in Bylaw 105, d, Bylaw
2.35, Bylaw 2.39, Bylaw 4.09, and Article XIII. Article VII does not nullify the right or
responsibility of a District President to arrange for and to conduct an official visit or investigation
in accord with Bylaw 4.75.

1.

Article XII, 7, does not conflict with Article VII, as explained in Bylaw 1.05, d: "Thus, while
congregations of the Synod are self-governing (Art. VII), they, and also individual members,
commit themselves as members of the Synod to act in accordance with the synodical Constitution
and Bylaws under which they have agreed to live and work together and which the congregations
alone have the authority to adopt or amend through conventions."
Article XII, 7, does not conflict with Bylaw 4.75. The latter provides guidance for the
implementation of the former.