# LCMS Convention Workbook_St. Louis Missouri_2019_S537
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
(b) The board of regents, on recommendation of the president of
the seminary, shall establish an effective faculty organizational
structure.
…
(3) The faculty shall elect a standing hearings committee or
assign the functions of such a committee to another standing
committee.

and be it finally
Resolved, That Bylaw 3.10.6.7.5.2 be amended as follows, to
make reference to the Model Operating Procedure Manual under
refinement by the CCM and the CUS:
PRESENT/PROPOSED WORDING
3.10.6.7.5.2 An appeal process established by the board of regents of
the institutionconsistent with the Model Operating Procedure
Manual for Faculty and Administration Complaints and Appeal of
Termination: Colleges and Universities (developed by the
Commission on Constitutional Matters in consultation with the
Concordia University System) shall be in place for use by faculty
members who wish to challenge a termination decision.
Notwithstanding the provisions of any such policy, any person
connected with an institution who is a member of Synod shall also
remain under the ecclesiastical supervision of the Synod, and
nothing in any such CUS institution policy shall be construed to limit
or constrain any action that may be taken, or the rights or
responsibilities of any party, pursuant to the Synod’s Handbook with
respect to a member of Synod.

D. BLIND DRAW BY SECRETARY OF COUNCIL OF
PRESIDENTS (COH 16-033)
Rationale
In its review of the Bylaw section 2.16 Standard Operating
Procedures Manual (SOPM; Op. 17-2840, Nov. 10–11, 2017), the
CCM noted that the blind draw in this bylaw should, for consistency
with the rest and in avoidance of any potential appearance of
conflict, be conducted by the secretary of the Council of Presidents
(COP) (who is functioning as “process administrator”) instead of
the chairman of the COP (who is functioning in the place of a
“suspending ecclesiastical supervisor”). This is consistent with
2.16.7.2 and the section, generally—and it has been the approach
recommended in the SOPM, even contrary to the standing bylaw.
Therefore be it
Resolved, That Bylaw 2.16.7.1 be amended as follows:
PRESENT/PROPOSED WORDING

537

Ov. 10-30

To Restore Right of Appeal to Disciplinary
Proceedings
WHEREAS, Termination or suspension of membership in the
Synod is a serious matter involving both the doctrine and life of
members and should be taken only as a final step following advice,
counsel, encouragement, and, when necessary, admonition
regarding teaching and/or practice; and
WHEREAS, Consistent with basic principles of fairness and due
process and the supreme goodness of the 8th Commandment, we
should avoid the example of those in Acts 6:11 who “secretly
instigated men who said, ‘We have heard him speak blasphemous
words against Moses and God,’” but instead, in accordance with
scriptural guidance on rebuking one’s brother, give any member
who is subject to discipline access to all materials that are to be
relied upon by the Dispute Resolution Panel, district president, or
other adjudicatory body in considering the charges; and
WHEREAS, Synod Bylaws provide for the further protection of
members by including provisions for challenging the decisions of
ecclesiastical supervisors in these matters, and for substituting
another district officer where the district president has a conflict of
interest, as well as provisions for restoration of membership that has
been suspended or terminated; and
WHEREAS, In order to ensure fair and consistent treatment of all
members of the Synod in a Christian and fraternal manner, and to
ensure prompt resolution of disputes for the best interests of all
concerned, it is appropriate that this right of appeal be restored and
granted to all parties; therefore be it
Resolved, That any member of the Synod or any member who
has been removed from the roster shall have the right to a copy of
all materials relied upon by the Dispute Resolution Panel, district
president, or other adjudicatory body considering or acting upon
such charges, and that the Commission on Handbook modify
relevant bylaws accordingly.
Redeemer
Fort Wayne, IN

2.16.7.1
A Hearing Panel consisting of three district presidents,
excluding the chairman of the Council of Presidents and any district
president that is party to the matter, shall conduct the hearing. The
Panel shall be selected as follows:
(a) One district president selected by the President of the Synod.
(b) One district president selected by the vice-chairman of the
Council of Presidents.
(c) The third district president selected by the other two Hearing
Panel members. If the two Hearing Panel members cannot agree
on the third Hearing Panel member, then such third member shall
be chosen by blind draw from among the remaining district
presidents, with the blind draw administered by the
chairmansecretary of the Council of Presidents and audited by
witnesses.

Commission on Handbook

2019 Convention Workbook