# LCMS Convention Workbook_St. Louis Missouri_2004_S30 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 30 SYNODICAL REPORTS until the parties have received the opinion. The panel must follow any opinion received from either the CCM (Bylaw 3.905 d) or the CTCR. f. Upon completion of the hearing, the Hearing Panel shall de- liberate and then issue its written decision within 30 days, a copy of which shall be mailed to the petitioner (the accused), the District President who imposed the suspension, the accuser and his District President, the chairman of the COP, and the Synod President. The decision of the Hearing Panel shall have no precedential value and shall be final and binding subject to appeal by the accused or the Synod President as set forth in g below. If not appealed, the deci- sion shall be carried out by the District President or Synod Presi- dent and be publicized as deemed appropriate under the circum- stances by the District or Synod President. g. Within 15 days after receiving the decision of the panel, the accused or the President of the Synod if a question of doctrine or practice is involved (Constitution Art. XI B 1-3), may request a final hearing. The Synod President may also request that an opinion of the Commission on Constitutional Matters or Commission on Theology and Church Relations be obtained. Any opinion so re- quested shal] be rendered within 30 days or such greater time as the pane] may allow. When an opinion has been requested, the time limitations will not apply until the parties have received the opin- ion. The panel must follow any opinion received from either the CCM (Bylaw 3.905 d) or the CTCR. Such request for a final hear- ing shall be submitted to the chairman of the Council of Presidents with copies supplicd to the District President of the accuser and the accused, the chairman of the Hearing Panel, the accuser and the Synod President and shall be accompanied by a written memoran- dum stating the basis for the request. Within 30 days after receipt, a Final Hearing Panel shall be selected and constituted in the same prescribed manner as described in 2.26 e 14 except that the three District Presidents that constituted the Hearing Panel and the in- volved District Presidents are omitted from consideration for the Final Hearing Pancl. The procedures for the final hearing shall be the same as prescribed in Bylaw 2.26 e 4-6. The chairman of the Hearing Panel shall provide the Final Hearing Panel with a written statement of the matter and the Hearing Panel’s report, minutes, records and proceedings. h. Upon completion of the hearing by the Final Hearing Panel, the panel shall deliberate and then issue its written decision within 30 days, a copy of which shall be mailed to the petitioner (the ac- cused), the District President that imposed the suspension, the ac- cuser and his District President, the chairman of the COP, and the Synod President. The final decision of the Final Hearing Panel shall: 1. be binding upon the parties and not be subject to further ap- peal; 2. have no precedential value; 3. be carried out by the District President or the President of the Synod; 4. be publicized as deemed appropriate under the circumstances by the District or Synod President. i. The District President of the accused/suspended member and the District President of the accuser shall take those steps neces- sary to attend to the spiritual needs of all those affected and shall continue efforts to resolve those matters which led to the com- mencement of the formal action against the accused member. j. If the matter involves individual membership, the calling or contracting body is encouraged to continue financial support, ex- isting housing, and insurance of individual members until the final decision is rendered. k. Any member participating in this Bylaw procedure that vio- lates any of the requirements or procedures in this Bylaw or is per- sistent in false accusations is subject to the same disciplinary mea- sures as set forth in this Bylaw. Violations of the prohibition 2004 Convention Workbook against publicity while a matter is still undecided or while an ap- peal is contemplated or pending (e 6 g above) by any of the parties involved are specifically included as a violation subject to the same disciplinary measures set forth in this Bylaw. 1. In consultation with the Secretary of the Synod and with the concurrence of the Council of Presidents, the Commission on Con- stitutional Matters shall develop and amend as necessary a Stan- dard Operating Procedures Manual which will serve as a compre- hensive procedures manual for the Bylaw provisions set forth in Bylaws 2.26, 2.27, 2.28, and 2.29. BYLAW 2.27 PROPOSED 2.27 Expulsion of a District President or officer of the Synod from Synodical membership The action to commence expulsion of a District President or an officer of the Synod from membership in the Synod is the sole re- sponsibility of the Synod President who has the ecclesiastical su- pervision of such member (Article XI A and B 1). This Bylaw (2.27), among others, provides the procedures to carry out Article XII of the Constitution, “Expulsion from the Synod.” However, this Bylaw (2.27) does not provide the procedure for the expulsion of a congregation or individual member of the Synod (Bylaw 2.26), the President of the Synod (Bylaw 2.28), or individual members in cases involving sexual misconduct or criminal behavior (Bylaw 2.29). Definition of terms used in this Bylaw: See the definition of terms, Bylaw 2.26 9. When a member congregation or individual member of the Synod is aware of information which could lead to the expulsion of a District President or an officer of the Synod from Synod’s mem- bership under Article XIII of the Constitution, prior to any formal written complaint or accusation, the member shall consult with the member’s District President or the Synod President if the mem- ber’s District President is the accused, to seek advice and also so that it can be determined whether this is the appropriate Bylaw pro- cedure (2.27) or whether the matter falls under Bylaws 2.26, 2.29, 2.39 or dispute resolution under Chapter VIII. In regard to this consultation: 1. If and when the accuser’s District President (if the District President is not the one accused or if the accused is an officer of the Synod) is the one consulted, the District President shall consult with the Synod President. Whether the Synod President is the one consulted directly by the accuser or by the District President, the Synod President may consult with the Vice-Presidents of the Synod, with the District President of the accused (if an officer of the Synod), with the chairman of the Council of Presidents or with the CTCR. The Synod President may also ask an opinion of the Commission on Constitutional Matters. The Synod 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 addi- tional time as the Synod President may allow. 2. The District President or the Synod President shall require the accuser to follow the correct Bylaw provision under the cir- cumstance, if any, and provide evangelical supervision, counsel, and care. 3. If this Bylaw (2.27) applies, the District President or the Synod President shall require of the accuser to carry out the guide- lines 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 commanded in the 8th commandment. 4. The District President of the accuser or the Synod President may appoint a small committee to assist in reconciliation efforts. The goal throughout is always one of admonition and reconcilia-