LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 30, 1998, Page 5

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The Commission furthermore provides the following opinions in answer to the series of questions relating
to appropriate involvement by the synodical President and Praesidium in Districts:
1, "May the Presidium receive a complaint from a member during the 90 day period and act on it while the
District President is still investigating or following some process to reach a decision as to whether or
not to suspend the member against whom the complaint was made?"
This question has already been addressed by the Commission in a May 22, 1998 opinion. A copy is
attached.
2. "What recourse, if any, does a District President have if the Presidium receives such a complaint
within the 90 day period and acts on it before the District President has reached a decision as to
whether or not to suspend?"
The opinion referenced in the previous question constitutes a response to this question also.
3. "May a member of the Synod lodge a complaint which may lead to expulsion from the Synod under
Article X111 of the Constitution against another member of the Synod within a District without first
bringing that complaint to the District President, especially against a member of the Synod within the
District who is clearly under the ecclesiastical supervision of the District President?"
The answer is "no." The procedure for determining whether a member of the Synod is to be expelled
under Article X111 is limited to the procedure established under Bylaw 2.27. This Bylaw requires that
there must be a written complaint and that such complaint must be presented to the District President who
has ecclesiastical supervision of the member.
4. What recourse, if any, does the District President have if such a complaint is lodged first with the
President of the Synod or the Presidium, bypassing his office?"
The President or the Praesidium have no authority to act on this complaint under the stated circumstances,
and any action either might take would be a nullity. Under the facts of the question, the President or
Praesidium of the Synod must advise the complainant to follow the procedure set forth in Bylaw 2.27 and
to file the written complaint with the appropriate District President.
5. "May a member of the Synod lodge a complaint which may not lead to expulsion from the Synod under
Article XIII of the Constitution against another member of the Synod within a District without first
bringing that complaint to the District President, especially against a member of the Synod within the
District who is clearly under the ecclesiastical supervision of the District President? In other words,
does the normal chain of command need to be followed, i.e. pastor, elders (or visa verse depending on
the complaint), Circuit Counselor, District President, Synodical President or Presidium?"
If the matter does not involve facts which could lead to the expulsion of the member from the Synod
under Article XIII of the Constitution, such a matter would be resolved under Chapter VIII of the Bylaws.
The provisions of Chapter VIII neither require nor prohibit that the District President be advised of the
dispute.
6. "What recourse, if any, does the District President have if such a complaint is lodged first with the
President of the Synod or the Presidium bypassing his office?"
The provisions of Chapter VIII of the Bylaws are applicable to the President of the Synod, Praesidium of
the Synod, a District President and every other member of the Synod. The Preamble to Chapter VIII
provides, "The use of the Synod's conflict resolution procedures shall be the exclusive and final remedy