LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 30, 1998, Page 4

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imposed without the prior commencement of such an action. The question here asked of the Commission
has several parts and will be responded to separately.
It is correctly noted that "if a District President is placed on suspended status, he is to be relieved of his
duties as District President under the provisions of Bylaw 2.25, c." The Bylaw states that a member on
suspended status shall "be relieved of the duties and responsibilities which the members holds with the
Synod, District, or other agency of the Synod." Also asked is, "But what of his office? Does he retain his
office until relieved by the next convention of the District?" While formal proceedings are taking place,
the District President retains his office, but he is relieved of the duties of that office until such time as a
final decision is reached under the dispute resolution process. However, if while formal proceedings are
underway, the term of office of the District President comes to an end, the District may, if it chooses, reelect the District President. If re-elected, the District President continues to be relieved of the duties of his
office and will only resume such duties if the final decision in the dispute resolution process determines
that the District President has not violated Article XIII, 1, of the Constitution of the Synod.
But "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?" If at the conclusion of formal
proceedings a District President is expelled as a member of the Synod, he is also removed from the clergy
roster of the Synod. Since Bylaw 4.51 requires that a District President be on the clergy roster of the
Synod, expulsion from the Synod also terminates the District Presidency of the expelled member.
It is clear from the Bylaws of the Synod that a District is a subdivision of the Synod and therefore subject
to its decisions. Bylaw 4.07 states,
a. The Synod is not merely an advisory body in relation to a District. A District is the
Synod itself performing the functions of the Synod. Resolutions of the Synod are
binding on the Districts.
b. The Constitution for the Synod is also the Constitution of the District. The Bylaws of
the Synod shall be primarily the Bylaws of the District.
This is further supported by Bylaw 1.05, f
f. Districts and Circuits as component parts of the Synod are obligated to carry out
resolutions of the Synod.
If therefore a District takes an action that is contrary to the Constitution and Bylaws of the Synod, such
action is null and void, and the President of the Synod could proceed under the authority granted to him
by Bylaw 3. 10 1, C, 11, where the President shall
11. be authorized, in the event that the affairs of the Synod require the exercise of
executive power for a purpose for which there is no specific directive of the Synod, to
exercise such power after consultation with the Vice-Presidents, the Board of Directors
for The Lutheran Church-Missouri Synod, or the Council of Presidents, whichever, in
his judgment, is most appropriate. Any member of the Synod shall have the right to
appeal such action to the Commission on Constitutional Matters and/or the Synod in
convention, whichever is appropriate.
Another series of questions by the District President raised concerns relating to procedures for making and
receiving complaints during the process stipulated in Bylaw 2.27, b: