LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 23, 1998, Page 11

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Finally, the Commission ruled that if a convention of the Synod removes a District President from office,
such removal is held in abeyance to give the District President time to appeal the removal in accord with the
Synod's judicial system. However, the action of removal from office by the Synod results in the District
President no longer functioning in his office pending the outcome of his appeal.
The 1975 opinion of the Commission has never been overruled by a synodical convention and thus is
binding on the question (Bylaw 3.905, d). However, in 1992 the Synod adopted the dispute resolution
process set forth in Chapter VIII of the Bylaws in place of the former Commissions of Adjudication and
Appeal. The Commission holds that the appeal procedure referred to in the quoted opinion is thus changed
to the procedures under Chapter VIII of the Bylaws. Adoption by the Synod of Chapter VIII of the Bylaws
did not negate the provisions of Article XI(2) of the Constitution and thus the Article and the Bylaws must
be interpreted so that they complement each other.
Therefore, in summary, the procedure to be followed if the Synod wishes to remove a District President
from office is as follows:
1) The Synod, if the circumstances require it, through its member delegates in convention assembled,
adopts an overture removing a District President from' office. The Synod may take this action after
the President of the Synod has reported the case to the Synod, Article XI(B)2), or on its own
initiative. The action of removal is that of the Synod and not the President of the Synod.
2) As previously noted, the removal from office is held in abeyance pending an appeal by the District
President. However, the District President is immediately no longer allowed to function in his
office pending the outcome of his appeal and the next proper successor district officer shall assume
the presidential responsibilities.
3) If the District President wishes to appeal his removal from office, he, as complainant, shall invoke
the procedures of Bylaws 8.05, 8.07, and 8.09. The Synod is the respondent and shall be
represented by the President of the Synod under the provisions of Article XI(B)(4) of the
Constitution which provides: "That the President shall see to it that the resolutions of the Synod are
carried out."
4) The Secretary of the Synod is the appropriate person to carry out the duties assigned to the
Secretary in Bylaw 8.07.
5) The issues to be reviewed on appeal are whether there is sufficient proof for the allegation(s)
against the District President and whether Christian procedures were followed prior to the
convention voting for removal from office.
6) If the decision of the Dispute Resolution Panel, or if requested, the Review Panel, concludes that
there was convincing proof for the action by the convention and that proper procedures were
followed, the District President is removed from his office and the next proper successor district
official shall assume the district presidential responsibility. If the decision is to the contrary, the
suspension is removed and the District President resumes his duties as a district officer.
This response was determined at the meeting of the Commission held on July 10, 1998.
183. Pastoral Colloquy (Ag. 2116): The First Vice-President had asked the Commission to respond to the
following question: