# LCMS Convention Workbook_St. Louis Missouri_2016_S433
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
1.10.8.3

1.10.8.4

Within 30 days after its formation, the Appeal Panel shall issue its written decision in response to the request for reconsideration.
If an appeal is granted, the Secretary of the Synod, or his
representative, shall, within 21 days, select a Review Panel…

and be it further
Resolved, That because unforeseen circumstances can make
adherence to time frames in the above processes impossible at times,
1.10.4

… (p) Exception: Shall: Retains its compulsory meaning in
this bylaw section. Its use, however, in connection with time
frame expectations may require exception due to insurmountable circumstances, to be allowed by the administrator of the
process.

2.14.8

2.14.9

433

… (e) Within 30 days after its formation, the Appeal Panel
shall issue its written decision in response to the request for
reconsideration. If the Appeal Panel denies …
Within 30 21 days after the receipt of the decision of the Appeal Panel … , a Final Hearing Panel shall be selected.

the addition of the following paragraphs in the definitions bylaws
governing the dispute resolution and expulsion processes will allow
exceptions when necessary:
2.14.2

… (s) Exception: Shall: Retains its compulsory meaning in
this bylaw section. Its use, however, in connection with time
frame expectations may require exception due to insurmountable circumstances, to be allowed by the administrator of the
process.

(st) …

(pq) …

B. To Add “Appeal Panel” to Bylaw Section 2.14 Definitions
Rationale
When Res. 7-12A was adopted by the 2013 convention, incorporating an appeal panel process into the Synod’s expulsion processes,
the inclusion of a definition of “Appeal Panel” in Bylaw 2.14.2 was
overlooked. The Commission on Handbook proposes the following
addition to this bylaw, identical to the definition of “Appeal Panel”
in Bylaw 1.10.4 for the dispute resolution process, which addition to
Bylaw 2.14.2 will also pertain to the expulsion processes provided
in Bylaw sections 2.15 and 2.17).
Proposed Action
Therefore be it
Resolved, That Bylaw 2.14.2 be amended as follows:
PRESENT/PROPOSED WORDING
The definitions of terms used in this bylaw are as follows:
(a) Accused: The party named by the accuser as being in violation
of Constitution Art. XIII and under the procedural ecclesiastical supervision of Bylaw sections 2.14–2.17.
(b) Accuser: The party who accuses a member under the provisions of Constitution Art. XIII through the process of Bylaw sections
2.14–2.17.
(c) Appeal Panel: Three district presidents selected according to
these bylaws to determine whether the decision of a Hearing Panel
should be reconsidered or reviewed.
(cd) …

——————
C. To Clarify Bylaw 1.10.2 re Availability
of Dispute Resolution Process
Rationale
The Synod strongly values its process for dispute resolution and
requires that disputes between eligible parties be adjudicated using
the process outlined in Bylaw section 1.10. Over the course of time,
certain wording of current Bylaw 1.10.2 has been identified as potentially causing confusion regarding who is eligible to use the process.
The bylaw includes “persons involved in excommunication”
among parties for whom the Synod’s conflict resolution procedures
are designed. However, the only other mention of cases involving
excommunication in Bylaw section 1.10, Bylaw 1.10.10.2, which
identifies four situations in which district reconcilers may be used,
speaks of “procedural questions involved in excommunication cases.”

The current wording of Bylaw 1.10.2 often leads parties involved
in excommunication to have unrealistic expectations, including the
expectation that the process will deal with the issues which led to the
excommunication rather than only addressing procedural questions.
In addition, because the persons involved may be laypersons who
are not under “ecclesiastical supervision” as defined in Bylaw 1.2.1
(i), they have no ecclesiastical supervisor to consult with as directed
by Bylaws 1.10.5 and 1.10.6. The following simple changes will help
to provide clarity on both counts.
Proposed Action
Therefore be it
Resolved, That Bylaws 1.10.2, 1.10.5, and 1.10.6 be amended
as follows:
PRESENT/PROPOSED WORDING
1.10.2 This procedure is established to resolve, in a God-pleasing
manner, disputes that involve as parties, (1) members of the Synod,; (2)
the Synod itself, (3) a district or an organization owned and controlled
by (2) corporate Synod or an agency of the Synod,; (4) persons involved
in (3) members of congregations challenging the procedure used in their
excommunication,; or (54) lay members of congregations of the Synod
holding elected or appointed to positions with the Synod itself or with
districts and other organizations owned and controlled by the Synod
LCMS Board of Directors or an agency of the Synod. It shall be …
1.10.5 Before any matter is submitted to the formal reconciliation
process, the parties involved in a dispute must meet together, faceto-face, in a good-faith attempt to settle their dispute in the manner
described in Matthew 18:15 and may involve the informal use of a reconciler. And further, before any matter is submitted to the formal reconciliation process, the complainant must meet and consult with his or her
the appropriate ecclesiastical supervisor to seek advice and also so that
it can be determined whether this is the appropriate bylaw procedure
(Bylaw section 1.10) or whether the matter falls under Bylaw sections
1.8, 2.14, 2.15, 2.16, or 2.17, or Bylaws 3.10.4.7.9 and 3.10.5.6.4.2. In
regard to this consultation: …
1.10.6 If any party to the dispute is of the opinion that informal
reconciliation efforts have failed, such party, in consultation with his/
her/its the appropriate ecclesiastical supervisor, shall submit a request
to the administrator of the dispute resolution process, the secretary of
the Synod or district, or an appointee, as appropriate, that a reconciler
be appointed to assist in seeking reconciliation. Such request shall be
accompanied by: …

2016 Convention Workbook