LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 23, 1998, Page 7

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3. If the answer to Questions #1 and #2 are in the affirmative, how is the District First Vice-President to
proceed?
Following receipt of these questions, the Commission was also in receipt of correspondence from the
District President to the First Vice-President of the district, indicating that he was without authority to act
and that any charges against the District President must be forwarded to the District President, not to the
First Vice-President for action.
The Commission discussed these issues, but did not reach a conclusion at its June 23, 1998 meeting.
Meeting just prior to the convention of the Synod, however, the Commission formulated the following
response which was to be forwarded to the First Vice-President of the district.
1. What situation is necessary to invoke the application of Bylaw 2.27? A District President who has
ecclesial supervision of a member of the Synod is made aware by written complaint or personal
knowledge of facts which could lead to the expulsion of that member from the Synod under the
provisions of Article XIII of the Synods Constitution.
2. What if the written complaint alleges facts which could lead to the expulsion of the District
President as a member of the Synod? Bylaw 2.27, a, 1, states that if a District President a) is a
party to the matter in dispute, or b) has a conflict of interest, or c) is unable to act, "the First VicePresident or the next qualified District officer to function in this instance shall act in the place of the
District President." In the fact situation before the Commission, the District President is a party to
the matter in dispute relative to the complaint by the ordained minister and the congregation he
serves. Thus he is disqualified. When the District President alleges that the First and Second VicePresident of the district have a "partisan involvement" in the matter in dispute, the Commission
assumes this is an allegation that they have a conflict of interest. Thus they are also disqualified
under the terms of Bylaw 2.27, a, 1. If any of the officers wish to dispute his disqualification in the
matter, Bylaw 2.27, a, 1, directs that the Praesidium of the Synod make a final non-appealable
decision as to his eligibility to act in the matter.
3. Who performs the duties of the District President under Bylaw 2.27 if the District President and
all of the district vice-presidents are disqualified? Bylaw 2.27, a, 1, provides the answer. It is
"the next qualified District officer to function in this instance." Article XII, 3, of the Constitution of
the Synod defines the officers of a district as follows: a) A District President; b) District VicePresidents as the Bylaws prescribe; c) As many Circuit Counselors as each District may determine
upon; d) a District Secretary; e) A District Treasurer. Accordingly, the Commission determines that
the order of the officers of the district as set forth in Article XII, 3, of the Constitution of the Synod
is controlling in determining the next qualified district officer to function in this instance. If the
District President and all of the district vice-presidents are disqualified, the circuit counselors of
that district by majority vote would designate which one of their number is to perform the duties of
the District President under Bylaw 2.27 relative to the matter in dispute.
4. In order to be valid, must the written complaint required by Bylaw 2.27, a, be addressed to the
District President? The answer is "yes" unless the District President is a party to the matter in
dispute. In such instance the written complaint may be addressed to the next qualified district
officer as discussed in the answer to the previous question. However, such officer shall, as soon as
possible, advise the District President of the written complaint so that he can, if he chooses,
challenge his disqualification to act before the Praesidium of the Synod.