# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 23 24 2010_S6
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Opinion: There is no provision in the Bylaws providing that an Appeal Panel be declared invalid or a
new panel formed should a party directly communicate with members of an Appeal Panel without the
knowledge of the other party in the dispute in violation of Bylaw 1.10.18.1 (c), which states that “[n]o
party and/or parties to the dispute nor anyone on the party’s behalf shall either directly or indirectly
communicate with the reconciler, the hearing facilitator, or any member of the Dispute Resolution Panel,
the Appeal Panel, or the Review Panel without the full knowledge of the other party to the dispute.” Any
member of the Appeal Panel so contacted should promptly notify all other members of the panel, the
other parties involved, and the administrator to report the contact. Paragraph 4.2 of the Standard
Operating Procedures Manual states, in part, that “[i]f the request for reconsideration is not granted, the
decision of the Dispute Resolution Panel shall be regarded as final and binding upon the parties to the
dispute.”
Question 2: If the SOPM rules of directly contacting the Appeal Panel were violated by one side of the
dispute, and a final decision is rendered by the Appeal Panel, do the Bylaws permit that the
decision of that Appeal Panel be declared invalid? And by whom?
Opinion: There is no provision in the Bylaws providing that an Appeal Panel decision is to be declared
invalid because Bylaw 1.10.18.1(c) was violated by one of the parties to the dispute.
Question 3: If the SOPM rules of directly contacting the Appeal Panel were violated by one side of the
dispute, and the content of the message is construed as disparaging to the process or towards
the other party (in other words, taints the overall process), do the Bylaws allow that Appeal
Panel to be declared invalid, and do they allow that the decision of that Appeal Panel be
declared invalid? And by whom?
Opinion: There is no provision in the Bylaws that provides that an Appeal Panel is to be declared invalid
if a party communicates with panel members in violation of Bylaw 1.10.18.1(c). Should an individual
member of the panel determine that the inappropriate contact has tainted the individual’s ability to fairly
carry out his responsibilities, the member may recuse himself, and the matter determined by the balance
of the panel as described in SOPM section IV paragraph Q 5 Should an Appeal Panel find that improper
communication has tainted its ability to fairly carry out its responsibility, the panel itself may disband and
request the formation of a new panel.
Question 4: If the SOPM rules of directly submitting additional new evidence to the Appeal Panel and not
through the administrator were violated by one side of the dispute during the Appeal Panel
deliberations, do the Bylaws permit that Appeal Panel be declared invalid? And do the
Bylaws permit that another panel be formed? And by whom?
Opinion: There is no provision in the Bylaws that provides that an Appeal Panel is to be declared invalid
or that permits a new panel to be formed should a party violate a provision of the SOPM. The panel itself
retains responsibility for maintaining the integrity of the process and addressing any violation or
attempted violation of the SOPM.
Question 5: If the SOPM rules of directly submitting additional new evidence to the Appeal Panel and not
through the administrator were violated by one side of the dispute during the Appeal Panel
5

Q. Inability of Panel Members to Serve: If a panel member withdraws or is unable to perform required duties after
a panel has begun its work, the remaining panel members shall continue without filling the vacancy.

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