LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 23, 1998, Page 9

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c) The individual Districts of the Synod;
d) All District Presidents.
2) It is the President's duty to see to it that all the aforementioned act in accordance with the Synod's
Constitution, to admonish all who in any way depart from it, and, if such admonition is not heeded,
to report such cases to the Synod.
3)
The President has and always shall have the power to advise, admonish, and reprove. He shall
conscientiously use all means at his command to promote and maintain unity of doctrine and practice in
all the Districts of the Synod.
Bylaw 2.27(a)(1 & 2) & (b)
a) When, either by a written complaint of any person or by his own personal knowledge, facts which
could lead to the expulsion of a member from the Synod under Article XIII of the Constitution are made
known to the District President who has ecclesiastical supervision of such member, the District
President shall
1) thoroughly investigate whether the allegations can be substantiated. In the event the District
President is disqualified because he is a party to the matter in dispute, has a conflict of
interest, or is unable to act, the First Vice-President or the next qualified District officer to
function in this instance shall act in the place of the District President. Any challenge to the
eligibility of the District President to act, which is not agreed to by the District President,
shall be determined by the Praesidium of the Synod.
2) follow guidelines of Matt. 18:15-16 and may appoint a small committee to assist in
reconciliation efforts.
b) If the District President declines to suspend the member or fails to act within 90 days after receipt
of the written complaint, the complainant may present the written complaint to the Praesidium of
the Synod, which consists of the President and the Vice-Presidents of the Synod. If after
investigation the Praesidium concludes that the facts form a basis for expulsion of the member
under Article XIII of the Constitution, the Praesidium shall proceed in the same fashion as hereafter
required of the District President. If the Praesidium determines not to proceed, it shall in writing so
inform the complainant and the involved member, which shall terminate the matter.
Based on the constitutional and bylaw provisions which presently exist, the Commission on Constitutional
Matters provides the following response to the questions posed.
I
Bylaw 8.01 states that the synodical dispute resolution process is a procedure established to resolve, in a
God-pleasing manner, disputes that involve as parties, members of the Synod, the Synod itself, a district or
organization owned and controlled by the Synod, persons involved in excommunication or lay members of
congregations of the Synod holding positions with the Synod itself or with districts or other organizations
owned and controlled by the Synod and shall be the exclusive remedy to resolve such disputes. Since
District Presidents are members of the Synod, any dispute between them on an ecclesiastical issue must be
resolved in accord with the procedures set forth in Chapter VIII of the Bylaws. A convention of the Synod
does not have the authority to resolve such dispute.
II