# LCMS Convention Workbook_St. Louis Missouri_2004_S28 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 28 SYNODICAL REPORTS mine the facts in the matter prior to the determination of whether or not to proceed. May: As used in this Bylaw the word “may” is permissive, ex- pressing ability, liberty, or the possibility to act. “Own personal knowledge”: A personal witness to the alleged violation—not second-hand or hearsay information. “Parties Involved”: The Party who is the accuser or brings the matter to the attention of the ecclesiastical supervisor; Any party to whom the matter is presented and who is required to thoroughly investigate whether the allegations can be substantiated. Such party would be any ecclesiastical supervisor involved in the case; The accused; The Hearing Panel; The Final Hearing Panel; A witness or advisor or any others involved in the matter. “Party to the Matter’: A “party to the matter” is the accuser and the accused. Carrying out the responsibility of ecclesiastical supervision does not make the ecclesiastical supervisor a party to the matter even if the accuser is the ecclesiastical supervisor. Publicity: Any information or action, whether written, oral or visual, that brings a person, cause, or an alleged accusation to pub- lic notice, including any and all persons who delivered such infor- mation that results in public notice, whether or not the person or persons contemplate or give approval to the bringing of the infor- mation to public notice. Reconciliation Committee: A small committee appointed by the ecclesiastical supervisor prior to the determination whether or not to proceed to assist in reconciliation efforts if the matter war- rants it. Referral Panel: A Panel that may be formed of three Circuit Counselors or District Presidents, who shall be selected according to these Bylaws, to determine, according to the facts learned from the investigation, whether or not to proceed. Shall: As used in this Bylaw the word “shall” is a word of com- mand that must always be given an imperative or compulsory meaning. “Statement of the matter”: A written concise statement con- taining factual assertions involving the accusation with the request for the expulsion from membership. Witness: A person called to give testimony regarding facts to a matter before a Hearing Panel or Final Hearing Panel. A member of any reconciliation committee appointed by any District President or the Synod President shall not testify as a witness before a Hear- ing Panel or Final Hearing Panel in the same matter or case. a. When a member congregation or individual member of the Synod is aware of information which could lead to the expulsion of a member from the Synod under Article XII of the Constitution, prior to any formal written complaint or accusation, the member shall consult with his or her respective District President to seek advice and also so that it can be determined whether this is the ap- propriate Bylaw procedure (2.26) or whether the matter falls under Bylaws 2.27, 2.28, 2.29, 2.39, 6.47, or dispute resolution under Chapter VIII. In regard 1o this consultation: 1. The District President shall inform the District President of the accused that a consultation is underway. He may also seek ad- vice from the Vice-Presidents of his own District, from the District President of the accused, or from the Synod President. The District President may also ask an opinion of the Commission on Constitu- tional Matters and/or the Commission on Theology and Church Re- lations. The District President must follow any opinion received from either the CCM (Bylaw 3.905 d) or the CTCR, which shall be rendered within 30 days or such additional time as the District President may allow. 2. The District President shall require the accuser to follow the correct Bylaw provision under the circumstance if any and provide evangelical supervision, counsel, and care. 2004 Convention Workbook 3. If Bylaw 2.26 applies, the District President shall require of the accuser to carry out the guidelines of Matthew 18:15, face-to- face with the accused. Even if the alleged violation of Article XIII is considered to be “public,” this provision of Matt. 18:15 shall be followed. The reputation of all parties is to be protected as com- manded in the 8th commandment. 4. In consultation with the District President of the accused, the District President of the accuser may appoint a small committee to assist in reconciliation efforts. The goal throughout is always one of admonition and reconciliation, of repentance and forgiveness, even if the following proceedings result in expulsion from membership. 5. The Synodical requirement of previous admonition called for in Article XII commences at this stage if applicable. 6. Only after all the requirements of the consultation provided in this Bylaw (2.26 a 1-5) have been followed, may the accuser bring the matter to the District President of the accused for action under the correct Bylaw provision determined by the accuser’s District President (a 2 above). b. Under this Bylaw (2.26), the District President of the accused shall commence action when he becomes aware of information or allegations that could lead to expulsion of a member from the Synod under the provisions of Article XIII of the Constitution. The District President may become aware of such information by his own personal knowledge. Such information or allegations may also be conveyed to him in a formal written complaint or accusation made by a member of the Synod who has carried out the above pro- vision (2.26.a.). In commencing such action, the District President of the accused: 1. Shall determine whether Bylaw 2.26 a provisions have been carried out and shall thoroughly investigate the matter to determine whether the facts learned from his investigation form a basis for expulsion of the member under Article XIII of the Constitution. He may appoint a small investigation committee (Cf. Bylaw 4.75). 2. Shall follow the guidelines of Matthew 18:15-16 as the re- quired admonition in Article XIII of the Constitution, if applica- ble, continues to be carried out. 3. May, apart from the investigation, also appoint a small com- mittee to assist in reconciliation efforts (See 2.26 a 4 above). In the event the District President is disqualified because he has a conflict of interest, or is unable to act, the next qualified District officer shall function in his place. The President of the Synod, who is his ecclesiastical supervisor, shall determine any challenge to the eligibility of the District President to act, which is not agreed to by the District President. c. In the determination whether or not to initiate formal pro- ceedings, the District President may form a Referral Panel consist- ing of three Circuit Counselors of the District. This panel shall be formed by blind draw, shall not include the Circuit Counselor of the accused or the accuser and the blind draw shall be administered by the District President audited by witnesses. After reviewing the accusation and the results of the investigation, the Referral Panel shall make the determination whether or not to initiate formal pro- ceedings. Whether made by the District President or Referral Panel, if the determination is not to initiate formal proceedings, the Dis- trict President shall in writing so inform the accuser, any other Dis- trict President involved, and the involved member, which shall ter- minate the matter. If the District President fails to act within 60 days after receipt of the formal written complaint or accusation, the accuser may present a formal written request to the District Presi- dent for the forming of the Referral Panel which request the District President must grant. If Bylaw provisions 2.26 b 1-3 have not been carried out, the Referral Panel shall carry out these provisions in the process of making its determination whether or not to initiate formal proceedings. d. If the District President or the Referral Panel concludes that the facts form a basis for expulsion of the member under Article