LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 18, 1998, Page 8

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4) Is the minister of religion-ordained entitled to use the Synod's dispute resolution process if charges
are brought against him by Congregation A even though he has not become a member of
Congregation A?
The answer is: Yes. Both Congregation A and the minister of religion-ordained are members of the
Synod under Article V of the Constitution and therefore use of the Synod's conflict resolution
procedures shall be the exclusive and final remedy for those who are in dispute. (Preamble to
Chapter VIII of the Bylaws of the Synod)
5) Is the minister of religion-ordained who serves Congregation A, but has not become a member of
Congregation A, subject to suspension?
The question is ambiguous. The congregational membership of a minister of religion-ordained is
irrelevant to the application of Bylaw 2.25 of the Synod which addresses suspended status. If the
question is whether Congregation A may suspend its pastor if he fails to become a member of
Congregation A, that matter has been addressed in Question 2 above.
6 & 7) The questions regarding confessionalism and walking together require a theologically trained
response.
8) A response to the final question is not needed in light of the response to Question 1 above.
In response to your memo of December 12, 1997, the Commission replies that it cannot speak to the
issue since the issue of communicant membership is a status defined in the Constitution and Bylaws
of the individual congregation. It concludes, however, that to commune in a congregation does not
make one a communicant member of that congregation, otherwise those who commune as guests
would also have to be considered as such.
Since Bylaw 2.15 speaks to membership in the Synod, this bylaw would not be applicable to the
questions posed.
Finally, the Commission does not believe that a response to the issue of malfeasance is within its
purview. It does not determine matters of fact, but is only authorized to interpret the Constitution,
Bylaws, and resolutions of the Synod.
146. Authority of the Board of Directors and Related Issues (Ag. 2094, 2094A: The former President of
the Synod had posed a number of questions for consideration by the Commission on Constitutional Matters
relating to actions taken by the Board of Directors relative to the Board for Communication Services,
responsibilities of its Executive Director, the responsibilities of the Board for Communication Services
itself, and related matters. The Commission discussed the issues and it was agreed that Chairman Tesch
would prepare a response to be considered at a future meeting.
147. Fails to Act (Ag. 2097): Questions had been received from a District President, a pastor, and the
President of the Synod with respect to the interpretation of the words "fails to act" in Bylaw 2.27, b. The
Commission discussed various facets of the issues involved in this matter. After having done so, it was
agreed that Alan Barber would prepare an answer to be reviewed at a later meeting by the Commission.
148. Request for Review of Actions of a Dispute Resolution Panel (Ag. 2099): A letter had been
received from a pastor who had been suspended by a District President. The District President's judgment
was sustained and the pastor had been removed. He had not participated in the hearing before the Dispute
Resolution Panel because he contended that the actions of the District President were improper and had not