LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 30, 1998, Page 8

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The District President's actions are most pertinent since he has concluded that the facts of this case "form a
basis for expulsion of the member under Article XIII of the Constitution" (Bylaw 2.27, c). It will be for the
Dispute Resolution Panel, not the Commission on Constitutional Matters, to decide whether his conclusion
is correct and whether proper procedure has been followed, to include the question whether existing letters
are sufficient for adequate due process. Essential to proper procedure are the specific requirements of the
District President, who "shall" according to Bylaw 2.27, 1 and 2,
1. prepare a written statement of the matter in dispute which sets forth the alleged facts and states
that he is requesting expulsion of the member from the Synod in accord with Article XIII of the
Constitution.
2. provide the member with
a. a copy of the written statement of the case;
b. a written notification of the member's suspended status under Bylaw 2.25;
c. written notification that the member has 15 days from the date of receipt of the statement of the
case to advise the Secretary of the Synod that there is a desire to have the matter heard and
resolved….
Assuming that the District Secretary properly assigned a reconciler to attempt reconciliation between
the excommunicated members and the pastor, does the pastor's refusal to participate in the
reconciliation process constitute adequate grounds to authorize the District President to suspend him for
failure to comply with Synod's bylaws or does congregational autonomy permit him to refuse
participation in the reconciliation process?
Bylaw 2.27, c, clearly states that "facts must form a basis for expulsion of the member under Article XIII of
the Constitution" and reiterates (paragraph c,1) the significance of Article XIII of the Constitution in the
District President's written statement of the matter in dispute. Bylaw 2.25, a, also makes reference to
"expulsion from the Synod under Article XIII of the Constitution." It is evident, therefore, that any action
leading to expulsion from the Synod must be on the basis of Article XIII for reasons given:
1. Members who act contrary to the confession laid down in Article II and to the conditions of
membership laid down in Article VI or persist in an offensive conduct, shall, after previous futile
admonition, be expelled from the Synod.
It should be noted that the "offensive conduct" of Article XIII, 1, may be understood to include an array of
serious misbehaviors, bearing in mind that "giving offense" according to the Scriptures includes any serious
matter which causes a fellow Christian to stumble in his or her faith (2 Cor. 6:3; 1 Cor. 10:32). It should
also be noted that Bylaw 2.21 allows that cause for termination of membership may include not only
violations of conditions of membership but also as is "otherwise appropriate under the Constitution or these
Bylaws." Individual membership in the Synod, according to Bylaw 2.39, c, includes the expectation "as part
of the life together within the synodical fellowship to honor and to uphold the resolutions of the Synod,"
with dissent to be expressed in a specific manner. Membership in the Synod, which is voluntary, therefore
includes the expectation of compliance with the Bylaws of the Synod, including those Bylaws that speak of
participation in the Dispute Resolution Process.
Assuming that adequate notice was given and sufficient grounds for the suspension existed, is there any
necessity for the Dispute Resolution Panel to convene a hearing if the only issues to be resolved are
those capable of resolution by a decision of the CCM, or must the Panel convene as a formality?
Bylaw 8.09, a, clearly states that "after the chairman confers with the parties to the dispute, the Dispute
Resolution Panel shall choose a location and a date for the formal hearing of the matter." Again in
paragraph b, "The formal hearing before the Dispute Resolution Panel shall take place within 60 days after