LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 30, 1998, Page 3

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

2. in addressing itself to and evaluating the existing fellowship relations for the purpose
of mutual admonition and encouragement.
It should also be noted that Article III requires continuing efforts toward fellowship. At the same time it
offers no indication that such efforts toward fellowship should compromise or deviate from the
confessional standard of the Synod as set forth in Article II of the Constitution. It is assumed that the
degree to which the Synod is' isolated from other Christian church bodies is related to the degree to which
there is doctrinal disagreement with other church bodies.
A second category of questions submitted by the District President were associated with Bylaw 2.27, g, as
adopted by the 1998 convention of the Synod.
Changing subjects in your letter, you also asked a number of questions regarding the newly adopted
Bylaw 2.27, g:
1. "Is the word 'complaint' in the clause 'if he receives a complaint relative to a District President'
limited to the complaints described in 2.27a., that is, a complaint 'which could lead to the expulsion of
a member from the Synod under Article XIII of the Constitution,' or can it be any complaint lodged
against a District President?"
The Commission calls attention to the fact that the word "complaint" as used in Bylaw 2.27, g, has the
same meaning as the word "complaint" in Bylaw 2.27, a. Thus Bylaw 2.27, g, can only be utilized by the
President of the Synod if the facts which form the basis of the complaint are of such a nature that they
could lead to the expulsion of the District President from the Synod under Article XIII of the
Constitution.
2. "Bylaw 2.27 g. states that the President of the Synod 'shall proceed in the same fashion as a District
President if he receives a complaint relative to a District President.' In many cases a District President
will restrict the member against whom the complaint has been made under the provisions of Bylaw
2.23. Does Bylaw 2.27 g. give the President of the Synod authority to impose restricted status on a
District President? If so, do all the provisions of Bylaw 2.23 apply?"
Bylaw 2.23 (Restricted Status) is a procedure which allows a District President to restrict a member of the
Synod under his ecclesiastical supervision from changing the position of his/her ministry or accepting a
call to another position of service in the Synod while the District President investigates an allegation that
such member has (a) engaged in conduct which could lead to expulsion from the Synod under Article
XIII of the Constitution; or (b) is incapable of performing the duties of his/her office or position because
of a physical, mental or emotional disability; or (c) neglects or refuses to perform the duties of his/her
office or position. Bylaw 2.27, g, did not extend this authority to the President of the Synod and therefore
the President of the Synod cannot place a District President on restricted status.
3. "If a District President is suspended under the provisions of Bylaw 2.25, he is to be relieved of his
duties under the provisions of Bylaw 2.25c. But what of his office? Does he retain his office until
relieved by the next convention of the District? If a District chooses to keep the suspended District
President in office - as has happened with congregations and suspended pastors - what recourse does
the Synod have?"
The Commission calls attention to the fact that Bylaw 2.25, a, states that when formal proceedings have
been commenced against a member of the synod which could lead to his/her expulsion as a member of the
Synod, the member shall have suspended status. Thus suspended status is a byproduct of the
commencement of an action to terminate a membership of the Synod. Suspended status cannot be