LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 29, 1995, Page 3

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110. District President's Actions in Restriction and Suspension (Ag. 2001) : A pastor who has been
suspended by a District President had forwarded to the Commission on Constitutional Matters a series of 13
questions which he asked the Commission to consider and on which they are requested to provide an
opinion. Because the matter of suspension was involved, the Secretary had responded to the pastor
indicating that the questions would be presented to the Dispute Resolution Panel when it was constituted
since the Bylaw 8.21 (i) indicates that the request for an opinion of the Commission on Constitutional
Matters in a Dispute Resolution Panel hearing is to be made through the Dispute Resolution Panel which
shall determine the wording of the questions. The pastor had objected to this procedure since he had
forwarded the questions prior to the actual formation of the Dispute Resolution Panel. It was his view that
on the basis of Bylaw 3.905 (d) which gave him the right to have his questions considered by the full
Commission on Constitutional Matters and with no other bylaw having applicability to the contrary when
his written request had been received, he was respectfully asking that the questions be immediately placed
before the Commission on Constitutional Matters for their consideration. The Secretary had responded that
he would be forwarding the questions to the Commission on Constitutional Matters for their consideration.
It was also stated that it would be the responsibility of the Commission to determine if, when and how to
respond to the request since the questions posed obviously relate to his previous request for a hearing and
resolution of his suspension. The questions which were posed were the following:
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?

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?

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?

1.

If there is a conflict between the LCMS Constitution and the Bylaws, which takes precedence?

1.

Is a District President required to comply with the Constitution when suspending a member?

1.

Is a District President required to comply with the Bylaws of the Synod when suspending a
member?

1.

Is a District President required to comply with the Constitution when placing a member on
restricted status?

1.

Is a District President required to comply with the Bylaws of the Synod when placing a member on
restricted status?

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?

1.

Does Bylaw 2.21 preclude a District President from regulating the activities of a pastor?

1.

Do Articles [Chapter] II and [Chapter] VIII of the Bylaws preclude a District President from