LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 14, 1999, Page 2

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

“More specifically, we are particularly interested to know if our commission’s charge would include those
persons serving as teachers in the Missouri Synod who are not presently rostered.”
The Secretary reported that he has completed the research requested by the Chairman to identify all
occurrences of this phrase throughout the Handbook. Further action on this matter was postponed pending
circulation of these findings to the members of the Commission.
56. Questions Re the Application of Bylaw 2.23 Re Restricted Status (99-2156)
A Dispute Resolution Panel in a letter dated July 7, 1999, requested an opinion from the Commission
regarding a number of matters relating to Restricted Status (Bylaw 2.23) as it pertains to individual
members of the Synod. The response of the Commission to each of the panel’s questions, provided in an
August 5, 1999 letter to the panel, follows:
1. Concerning Bylaw 2.23, paragraph b, number 1: Does this Bylaw mean that the restricted individual
must be allowed to remain in his present position of service until the matter being investigated is
resolved?
Response to Question 1: Yes, although the entity which issued the call may remove the individual from that
position if its bylaws so permit.
2. Does this Bylaw give the District President (if he approves) the option to allow the restricted
individual to remain in his present position of service, and only that position until the matter being
investigated is resolved?
Response to Question 2: The Bylaw provides that the individual continues to serve in his present position
and may change only if the District President approves. The Bylaw makes continuation in the present
position the norm, which does not require approval of the District President.
3. Does this Bylaw give the District President (if he approves) the option to allow the restricted
individual to serve in a new position of service until the matter being investigated is resolved?
Response to Question 3: Yes, provided that this is within the scope of the individual’s call, since Bylaw
2.23, b, 2, precludes the individual from accepting a call to any other position of service in the Synod while
the restriction is in place.
4. Does Bylaw 2.23 b 1 give the District President (if he does not approve) the option to deny the
restricted individual to remain in his position of service until the matter being investigated is resolved?
Response to Question 4: No. The Bylaw clearly allows that the person on restricted status can still perform
the “functions of ministry…in the position of service…held at the inception of restricted status.”
5. Is there any provision in the Bylaws which would prohibit the calling body from removing an
individual from his position of service or reassigning him to a different position which the individual is
on restricted status?
Response to Question 5: As stated in answer to the first question above, a calling body may remove the
person in conformity with its bylaws if they so permit. The calling body may not reassign the person to a
different position without the approval of the District President.