# LCMS Convention Workbook_St. Louis Missouri_2001_S260 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 260 STRUCTURE, PLANNING, AND ADMINISTRATION 7-68 To Amend Bylaws re Dispute Resolution Process Rationale The Task Force on Conflict Resolution has recommended sev- eral changes to the Bylaws governing the Synod’s Dispute Resolu- tion Process to address the following concerns: ¢ The value of providing to reconcilers the best training available cannot be overstated and will be of utmost importance to the on- going success of the Dispute Resolution Process. The Synod through its Board of Directors should assume responsibility for the provision of adequate funding to provide for training and ma- terial needs. ¢ The Rules of Procedure and their addendum, the Standards of Review Jor Appeal Panels, provide essential detailed guidance to participants in the Dispute Resolution Process. Until now these rules have been developed and monitored by the Task Force on Conflict Resolution and approved by the Board of Directors and President of the Synod, as required by 1995 Res. 7-03B. Mention of these Rules of Procedure should be made in the Bylaws of the Synod to provide necessary sta- lus. A process should be included in the Bylaws to provide for moni- toring and amendment. ¢ While the Task Force on Conflict Resolution has completed its task, the need for giving altention to the Dispute Resolution Process may arise again in the future. The Secretary of the Synod, who already has the responsibility for the administration of the process, should also be given the responsibility to initiate the appointment of an ad hoc com- mittee by the President of the Synod when it becomes necessary to address special problems. The following amendments to the Bylaws are proposed to ad- dress these concerns. Resolved, That Bylaw 8.13 a be amended as follows: PRESED-F/PROPOSED WORDING a. Within three months after the synodical conventions, each District Board of Directors shall appoint a District roster of four reconcilers, no more than two of whom shall be pastors, from a list supplied by the Circuit Counselors of the District. The term of service shall be six years, renewable once. They shall be peo- ple “of good reputation, full of the Holy Spirit and wisdom” (Acts 6:3). Vacancies for an unexpired term shall be filled in the same manner by the District Board of Directors within 30 days following their occurrence. Training in reconciliation and dis- pute resolution shall be required prior to service as a reconciler or as amember of a panel. A District board of directors may add to the District roster of reconcilers a reconciler who moves into the District from the District where appointed; and be it further Resolved, That Bylaw 8.21 c be amended as follows: PRESEDMF/PROPOSED WORDING c. Each party to a dispute shall assume its own expenses. The expenses associated with training and carrying out the re- sponsibilities of reconcilers, Dispute Resolution Panels, Appeal Panels, and Review Panels shall be bore by the Synod except for those which arise under Bylaw 8.13 b, which shall be borne by the District; and be it finally Resolved, That Bylaw 8.21 a be amended as follows: PRESEMF/PROPOSED WORDING a. Reconcilers, Dispute Resolution Panels, Appeal Panels, and Review Panels shall be governed in all their actions by Holy Scripture, the Lutheran Confessions, eré the Constitution and Bylaws of the Synod, and the Rules of Procedure approved by the Board of Directors and the President of the Synod. In the event that a need develops to address problems or concems as- sociated with the Bylaws or Rules of Procedure governing the Dispute Resolution Process, the Secretary of the Synod shall ini- 2001 Convention Workbook tiate the procedure whereby the President appoints an ad hoc committee to propose changes to the process. LCMS Board of Directors 7-69 To Revise Bylaws Governing Dispute Resolution Panels Rationale Good order is essential if parties to a dispute are to receive a fair hearing and their rightful opportunity to present their cases be- fore a Dispute Resolution Panel. The Task Force on Conflict Res- olution has received comment that the chairing of hearings con- ducted by Dispute Resolution Panels is at times less than effective, in part due to the chairperson’s inexperience. The following amendments to the Bylaws governing the forma- tion and organization of Dispute Resolution Panels are proposed to address this concern. They are intended to assure that the chairper- son of a Dispute Resolution Panel will have the necessary skills to conduct a dispute hearing while preserving the at-random manner in which panel members are chosen. Resolved, That Bylaw 8.13 a be amended as follows: PRESENT/PROPOSED WORDING a. Within three months after the synodical convention, each District Board of Directors shail appoint a District roster of four reconcilers, no more than two of whom shall be pastors, and no less than one of whom shall have skills in conducting dispute hearings, from a list supplied by the Circuit Counselors of the District. The term of service ... and be it further Resolved, That Bylaw 8.15 b be amended as follows: PRESENT/PROPOSED WORDING b. Each Dispute Resolution Panel shall consist of three per- sons, at least one of whom shall be a pastor and one a laymans, Each panel shall have al least one member who has skills in con- ducting dispute hearings and who has been so identified by ihe Secretary of the Synod. The three-member panel shall be se- lected as follows: 1. Mee Six names shall be selected by a blind draw from the Dispute Resolution Roster. Three additional names shall be selected by a blind draw from the roster of reconcilers who have been identified as having skills in conducting dispute hearings. 2. No member of a panel shall be from the District in which the dispute arose or, if it is a synodical question, from any Dis- trict in which a party holds membership. 3. The lists shall be mailed simultaneously to each party, who shall be entitled to strike ##ree two names from the list of members from the Dispute Resolution Roster and one name from the list of reocncilers having skills in conducting dispute hearings. Each party shall then ed return the lists to the Secre- tary of the Synod within one week; and be it further Resolved, That Bylaw 8.15 c be amended as follows: PRESENF/PROPOSED WORDING c. The chairman of the panel shall be the reconciler having skills in conducting dispute hearings. The panel shall elect @ ehattmen-and a secretary; and be it further Resolved, That Bylaw 8.09 a be amended as follows: PRESEMF/PROPOSED WORDING a. The chairman of the Dispute Resolution Panel shall meet asrange for the first meeting of the panel in person, or by tele- phone conference, within 30 days after #s the panel’s appoint- ment, for the purpose of selecting a ehettmen-end secretary. After the chairman confers with the parties to the dispute, the