LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 23, 1998, Page 5

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(Article XII B 7, 8; Bylaw 2.27, 8.09)
In response, the Commission provided the following opinion:
1. In an appeal by a member of a suspension by the District President, it is the member who is the
complainant (the word "disputant" is not used) since the member is challenging the judgment of the
District President, i.e., complaining that the decision made was improper.
There is no Article XII, B, 7, 8. It is assumed that Article XII, 7, 8 is meant. The wording of these
stipulations appears to be stated clearly. If there are specific questions with regard to them, they
need to be identified. The same is true with regard to Bylaws 2.27, 2.41, 4.73, and 4.75.
2. If a Dispute Panel fails to convene ' the Dispute Panel, as a panel, could not provide a report. If it
provides a report as a panel, it must be assumed that the panel convened, i.e., that it has organized
itself for carrying out its task.
One of the duties of a panel is to define the rights and obligations of the parties in preparation for a
hearing. If no hearing is held and no evidence heard, presumably because there was no need since
the parties had reached agreement, a report could and should be made as to the conditions of that
agreement to verify that the parties had resolved their differences and have been reconciled.
3. Bylaw 8.09, c, 2, states that a Dispute Resolution Panel is to "state the facts determined by the panel
and the reasons for its decision." The Dispute Resolution Panel may not disregard the subject matter
of a suspension. It may, however, consider issues related to it such as the basis for suspension and
other factors which may have a bearing on determining the validity of the basis for the decision to
suspend. In that sense, it may selectively determine the issues which it will hear. The question is
whether those issues are germane to the suspension decision.
4. The response to this question is contained in the response to the previous question. Issues to be
considered are determined by the Dispute Resolution Panel.
5. A resignation by its very nature is a voluntary act whereby a person agrees to terminate a position
he/she now occupies. Since resignation is a voluntary act, another party cannot order the
resignation. Such an order is an empty pronouncement. Surely an officeholder can be asked to
resign but the response thereto is the choice of the one to whom the request was made, not of the
one who made the request. Therefore, a DRP cannot direct a District President to resign his office.
178. Synod Articles of Incorporation (Ag. 2112): State law requires that changes in the Articles of
Incorporation for the Synod must be approved not only by the synodical convention, but by the Board of
Directors and the Commission on Constitutional Matters as well. The Commission decided to deal with this
matter at the time of the convention when the matter would be taken up.
179. Dispute Resolution Questions (Ag. 2113): A district Administrative Assistant for Missions had
written to the Commission on Constitutional Matters regarding a matter in the district whereby a campus
pastor, called by the Board of Directors, was removed from his position as campus pastor and made
missionary-at-large, without assignment. The pastor had filed for dispute resolution and a reconciler was
assigned. Proposed reconciliation meetings with the campus pastor were canceled by the campus pastor on
two scheduled occasions. After some months, the Board had ceased remuneration for the campus pastor.
In addition to the above actions, a group of 13 pastors had filed charges of malfeasance against the District
President and Board of Directors, stating that the campus pastor had not received due process.