# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_October 2 2002_S9
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Opinion: The bylaw is silent on this issue also. The Commission rules that the panel itself shall establish
the procedure it wishes to follow to reach a decision. Thus, the panel may choose to reach a decision
based on written materials submitted by the parties to the dispute; the panel may decide to hold a formal
hearing attended by the parties and may follow the procedure used by a Dispute Resolution Panel, if
deemed necessary. The procedure to be followed should be sufficient to allow the panel to make an
informed decision.
Question 3:

Who determines which panel member is to be chairman and secretary of the panel?

Opinion: Bylaw 8.09 a provides a procedure to be followed to organize a Dispute Resolution Panel. It
states:
The Dispute Resolution Panel shall meet in person, or by telephone conference, within 30 days
after its appointment, for the purpose of selecting a chairman and secretary. After the chairman
confers with the parties to the dispute, the Dispute Resolution Panel shall choose a location and a
date for the formal hearing of the matter.
This same procedure is to be followed in organizing the disqualification panel. The Secretary of the
Synod may request one of the disqualification panel members to be a convener for the sole purpose of
contacting by telephone conference the other two panel members for the purpose of the panel selecting a
chairman and secretary and related matters.
Question 4:

Is it appropriate for the Secretary to instruct the disqualification panel to perform its duties
in haste?

Opinion: The Secretary of the Synod may convey to the disqualification panel his desire that it perform
its function quickly. It is to be remembered that the matter in dispute cannot be resolved until the
members of the Dispute Resolution Panel are chosen and the panel can then begin its work. Thus, it is
imperative that the disqualification panel perform its work in an expeditious manner while fully informing
itself on all aspects of the question.
68. Adjournment
Time having expired for the conference call, the meeting was adjourned.

Raymond L. Hartwig, Secretary

48