# LCMS Convention Workbook_St. Louis Missouri_2023_S400
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

400

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
district presidents in time for resulting vacancies on district
rosters of reconcilers to be filled by appointment by district
boards of directors.
(b) Any vacancy in an unexpired term shall be filled in the same
manner as described above.

C. REMOVAL OF HEARING FACILITATORS FOR
CAUSE (COH 19-003)
Rationale
Bylaw 1.10.10.4, added by 2013 Res. 7-12A (part E) at the request
of the COH and the Secretary of the Synod, who administers the
dispute resolution process, allows for reconcilers to be removed for
cause, should the need arise. As that resolution noted, “Strict
adherence by reconcilers to the instructions provided in the Bylaws
and Standard Operating Procedures Manual is essential for
uniformity and good order as reconcilers do their important work.”
This is equally true for the work of hearing facilitators, who are to
exhibit specific skills “in the proper conduct of a fair and impartial
hearing” (Bylaw 1.10.12). No provision currently exists for the
removal for cause of a hearing facilitator. In the impression of the
process administrator and commission, this is a need that could
conceivably arise, and that should be provided for in the Bylaws.
Therefore be it
Resolved, That Bylaw 1.10.12.4 be added as follows:
PRESENT/PROPOSED WORDING
1.10.12.4 A hearing facilitator may be removed for cause from
Synod’s roster of hearing facilitators by Synod’s Board of Directors
upon report of the administrator of the dispute resolution process
after consultation with the President of the Synod.

D. APPEAL PANEL DETERMINATIONS (COH 19-009C)
Rationale
In Bylaw sections 2.14–2.17, dealing with formal process for
expulsion from the roster of the Synod, a suspended member
(individual or congregation) may request a hearing of the matter by
a Hearing Panel (Bylaw 2.14.7). Upon the issuance of a decision by
that panel, the suspended member, suspending ecclesiastical
supervisor or, in some circumstances, the President of the Synod
may request an appeal (Bylaw 2.14.8). The appeal request is
considered by an Appeal Panel, which determines on the basis of
specific criteria (Bylaw 2.14.8 [d]) whether the decision of the
Hearing Panel will stand, or whether the matter will be forwarded
to a Final Hearing Panel. The language of Bylaws 2.14.8 (e), 2.15.8
(e), and 2.17.8 (e) seems to suggest only an appeal by the suspended
member of a decision to uphold the suspension. This language
should be clarified.
Therefore be it
Resolved, That Bylaw 2.14.8 (e) be amended as follows:
PRESENT/PROPOSED WORDING
Appeal Panel
2.14.8
The decision of the Hearing Panel may be appealed by the
accused (if an active participant in the hearing before the Hearing
Panel), by the suspending ecclesiastical supervisor, or by the
President of the Synod if a question of doctrine or practice is
involved (Constitution Art. XI B 1–3) within 15 days after receiving
the decision. Such request for an appeal shall be submitted to the
Secretary of the Synod with copies provided to the district
president(s) of the accuser and the accused, the hearing facilitator of
the Hearing Panel, the accuser, and the President of the Synod, and

2023 Convention Workbook

shall be accompanied by a written memorandum stating the basis for
the request.
…
(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 the request for
reconsideration of the decision of the Hearing Panel and upholds
the suspension of the ecclesiastical supervisor, the decision of the
Hearing Panel shall be regarded as final and shall
(1) be binding upon the parties to the matter and not be subject
to further appeal;
(2) have no precedential value;
(3) be carried out by the district president or the President of
the Synod; and
(4) shall be publicized as deemed appropriate under the
circumstances by the district president or the President of the
Synod.
(f) If the Appeal Panel grants the request for reconsideration of
the decision of the Hearing Panel, a Final Hearing Panel shall be
selected by the Secretary of the Synod.

and be it further
Resolved, That Bylaw 2.15.8 (e) be amended as follows:
PRESENT/PROPOSED WORDING
Appeal Panel
2.15.8
The decision of the Hearing Panel may be appealed by the
accused (if an active participant in the hearing before the Hearing
Panel), or by the President of the Synod if a question of doctrine or
practice is involved (Constitution Art. XI B 1–3) within 15 days after
receiving the decision. Such request for an appeal shall be submitted
to the Secretary of the Synod with copies provided to the district
president(s) of the accuser and the accused, the chairman of the
Hearing Panel, the accuser, and the President of the Synod, and shall
be accompanied by a written memorandum stating the basis for the
request.
…
(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 the request for
reconsideration of the decision of the Hearing Panel and upholds
the suspension of the ecclesiastical supervisor, the decision of the
Hearing Panel shall be regarded as final and shall
(1) be binding upon the parties to the matter and not be subject
to further appeal;
(2) have no precedential value;
(3) be carried out by the district president or the President of
the Synod; and
(4) shall be publicized as deemed appropriate under the
circumstances by the district president or the President of the
Synod.
(f) If the Appeal Panel grants the request for reconsideration of
the decision of the Hearing Panel, a Final Hearing Panel shall be
selected by the Secretary of the Synod.

and be it finally
Resolved, That Bylaw 2.17.8 (e) be amended as follows:
PRESENT/PROPOSED WORDING
Appeal Panel
2.17.8
The decision of the Hearing Panel may be appealed by the
accused (if an active participant in the hearing before the Hearing
Panel), by the suspending ecclesiastical supervisor, or by the
President of the Synod if a question of doctrine or practice is
involved (Constitution Art. XI B 1–3) within 15 days after receiving