LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 22, 1998, Page 4

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complaint which is ignored by a District President for 90 days triggers the "fails to act" language. In that
situation, an appeal to the Praesidium is the proper procedure anticipated in the bylaw.
When, however, a District President receives a complaint, he may take a number of actions which toll the
"fails to act" language of the bylaw. He may suspend the member. He may decline to suspend the
member. In each case he has acted. The District President may elect to investigate personally or intervene
through the efforts of his representatives. He may meet with the complainant or with the person against
whom the complaint is lodged. He may appoint a small committee to assist reconciliation efforts. He may
take these steps or any other reasonable efforts to get to the heart of the complaint and be deemed to have
acted. Such efforts may extend beyond 90 days until a decision concerning suspension is reached. At that
time a complainant may appeal if the District President declines to suspend.
If a District President has taken no action or ignored a complaint for the 90 day period stipulated in the
bylaw, it is appropriate for the Praesidium to consider an appeal by the complainant under the "fails to
act" language of 2.27, b. When a District President takes action within 90 days, the "fails to act" language
is tolled while the investigation or reconciliation efforts are pending. An appeal made on a current case in
such circumstances should be properly denied by the Praesidium pending its prompt disposition by the
District President.
The Bylaws are silent regarding the length of time a District President has to conclude action on a
complaint. The clear intent of the bylaw requires expeditious action by a District President when dealing
with such a complaint. A District President may not frustrate the purpose of the bylaw by undertaking
some action within 90 days and subsequently refusing to act. The actions of a District President upon
receiving a complaint must ultimately lead to a decision to suspend or not to suspend. When a District
President begins to act within 90 days and subsequently fails to act, a complainant may properly appeal to
the Praesidium. The Praesidium shall determine on a factual basis whether the District President
commenced and continued to act.
167. COP Roster Questions (Ag. 2103): In a previous telephone conference the Commission had
discussed questions presented by the Secretary of the Council of Presidents on behalf of that Council
regarding certain roster issues. The questions which were posed were as follows:
1, Can an ordained minister of the Synod be placed on candidate status when he has already accepted a
call to serve as pastor of a congregation that is not a member of the Synod?
2. If an ordained minister has been removed from candidate status while serving as a called pastor of a
non-member congregation, has there been a procedural error?
3. May an ordained minister serve a non-member congregation if he is not a member of the geographic
district in which the non-member congregation is located?
4. If the Council of Presidents committed a procedural error in not extending the candidate status of an
ordained minister, can the Council return him to candidate status while he is serving as the called
pastor of a non-member congregation?
5. If an ordained minister who has been removed from the clergy roster of the Synod is serving as the
called pastor of a congregation that is not a member of the Synod, could he join an LCMS
congregation and apply for reinstatement while the congregation he serves is also applying for
membership in the Synod?