# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_August 25 26 2012_S8
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

To Allow Removal of Reconcilers for Cause
WHEREAS, District reconcilers, four of whom are appointed by each district board of directors
(Bylaw 1.10.10), provide important service to their districts and the Synod in the Synod’s dispute
resolution and expulsion processes; and
WHEREAS, Strict adherence by the reconcilers to the instructions provided in the Bylaws and
Standard Operating Procedures Manuals of the Synod is of critical importance as they carry out their
responsibilities; and
WHEREAS, Such adherence to the Bylaws and the Standard Operating Procedures Manual is
essential for uniformity and good order as reconcilers do their important work across the Synod; and
WHEREAS, Current bylaws governing the Bylaws section 1.10 dispute resolution process contain
no provision for removal of a reconciler for cause; therefore be it
Resolved, That a new Bylaw 1.10.10.4 be added to the existing bylaws governing the appointment
and service of reconcilers (Bylaws 1.10.10–1.10.10.3), as follows:
PRESENT/PROPOSED WORDING
1.10.10.4 A reconciler may be removed for cause from a district’s roster of reconcilers by that district’s
board of directors upon report of the administrator of the dispute resolution process after
consultation with the president of the district.

45. Right of Certain Suspended Members to Request Hearing Before Final Hearing Panel (12-031)
At times suspended members fail to attend the hearing they requested to appeal their suspension and
expulsion from the Synod. At question is whether such members should be provided opportunity to
request a hearing before a Final Hearing Panel. Secretary Raymond Hartwig was asked to prepare a
proposed overture to the 2013 Synod convention to amend the Bylaws governing such requests in the
section 2.14, 2.15, and 2.17 expulsion processes. The proposed overture was discussed and changes were
made before it was adopted for submission to the convention as follows.
Overture to 2013 Convention
To Deny Right to Request a Final Hearing During Expulsion Processes
Under Certain Circumstances
WHEREAS, In each of the Bylaw section 2.14, 2.15, and 2.17 expulsion processes, the accused
may (within 15 days of the decision of a Hearing Panel) request a second hearing before a Final
Hearing Panel; and
WHEREAS, Such request may be made and must be granted, whether or not the accused has
cooperated with the process and has appeared before the Hearing Panel to provide information and
testimony; and
WHEREAS, Unless unavoidably detained, such failure on the part of the accused to appear before
a Hearing Panel can only be regarded as a rejection of his/her/its opportunity to provide information
and testimony; and
WHEREAS, Under such circumstances, to grant a second opportunity before a second panel would
appear to invite a similar response from the accused, he/she/it having already rejected one such
opportunity; therefore be it
Resolved, That the following bylaws from Bylaw sections 2.14, 2.15, and 2.17 be amended so as
not to provide opportunity to request a second hearing (before a Final Hearing Panel) when the
accused, unless unavoidably detained, has failed to appear before the earlier Hearing Panel:
Page 25 – 08.25 to 08.26.12 – COH Minutes