# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_January 25 26 2013_S15
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Rationale
From time to time the need arises for a decision by the “separate three-member panel of reconcilers”
referred to in Bylaw 1.10.16.1. The current bylaw offers no instruction regarding this panel other than that
it shall be “drawn for that purpose according to the SOPM.” Questions have resulted regarding the
selection and performance of this panel. The Commission on Handbook proposes the following changes
to the bylaw.
PRESENT/PROPOSED WORDING
1.10.16.1 Any party and/or parties to a dispute shall have the right to request disqualification of a
reconciler, panel member, or hearing facilitator. If that individual does not agree to the
disqualification, the decision shall be made by a separate three-member panel of reconcilers
drawn for that purpose according to the SOPM.
(a) Nine (9) names shall be selected by blind draw from the Synod’s roster of reconcilers.
(b) The list shall be mailed simultaneously to each party, who shall be entitled to strike up
to three (3) names. The list shall be returned to the Secretary of the Synod within one (1)
week after receipt.
(c) The Secretary of the Synod shall correct any problem with the list. No member of the
panel shall be from the district in which the dispute arose or any district of any party to the
dispute. No two (2) panel members shall be from the same district. If more names remain
than are needed, the final selection shall be made by blind draw.
(d) In the event that additional names are needed, three (3) names will be selected in the
manner set forth above, which names shall be submitted to each party, who shall have the
right to strike one (1) name before returning the list to the Secretary of the Synod within
one week.
1.10.16.2 In the event that a reconciler, panel member, or hearing facilitator is disqualified, another
individual shall be chosen by blind drawaccording to the SOPM.
(a) Three (3) names shall be selected by blind draw from the Synod’s roster of reconcilers
or hearing facilitators as appropriate.
(b) The list shall be mailed simultaneously to each party, which shall be entitled to strike
one of the names. The list shall be returned to the Secretary of the Synod within one (1)
week after receipt.
(c) The Secretary of the Synod shall correct any problem with the list. No member of the
panel shall be from the district in which the dispute arose or any district of any party to the
dispute. No two (2) panel members shall be from the same district. If more names remain
than are needed, the final selection shall be made by blind draw.
(d) In the event that additional names are needed, three (3) names shall again be selected
in the manner set forth above, which names shall be submitted to each party, with the right
to strike one (1) name before returning the list to the Secretary of the Synod within one (1)
week.

(K) Requests for CCM/CTCR Opinions
(Bylaw 1.10.18.1 [h])
Rationale
In order to keep a dispute resolution process moving forward, it is important that time requirements be
honored throughout the process, including the 30-day requirement for the provision of Commission on
Page 42 – 01.25 to 01.26.13 – COH Minutes