# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_front and back matter_S2 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) (a)–(g) no change (h) Fails to act: No measures initiated within the required period of time to ascertain the truth or falsity of the accusations, or the stifling of a complaint by the refusal to act. (ih)–(sr) no change (t) Referral Panel: A panel that may be formed of three circuit visitors or district presidents, who shall be selected according to these bylaws to determine, according to the facts learned from the investigation, whether or not to proceed. (us)–(yw) no change Consultation 2.14.3 no change Commencing an Action 2.14.4 no change 2.14.4.1 The district president shall make his determination whether or not to suspend the member within 120 days after receipt of a formal written complaint or accusation, unless the district president requests, substantiates, and is granted an extension by the President of the Synod. 2.14.4.2 Before informing others of a determination not to suspend, if the matter involves doctrine or practice and a formal written accusation, the district president may seek the counsel and concurrence of the President of the Synod by conveying to him the accuser’s formal written accusation, the record of his investigation, and his preliminary determination. The President of the Synod shall respond within 60 days. (a) Should the President of the Synod concur, the district president may include the concurrence in his determination, indicating that it precludes an appeal for action by the accuser to the President of the Synod. (b) Should the President of the Synod not concur, he shall consult with the district president, who may revise his determination. He may request additional time to extend his investigation, which the President of the Synod may grant. 2.14.4.1 3 no change (renumbered) Referral Panel 2.14.5 In the determination whether or not to initiate formal proceedings, the district president may form a Referral Panel consisting of three circuit visitors of the district. (a) If three circuit visitors from the district are not available to serve by reason of conflict of interest or otherwise, the district president may select a sufficient number from other districts to form the panel. (b) This panel shall be formed by blind draw and shall not include the circuit visitor of the accused or the accuser. The blind draw shall be administered by the district president and audited by witnesses. 2.14.5.1 After reviewing the accusation and the results of the investigation, the Referral Panel shall make the determination whether or not to initiate formal proceedings. 2.14.5.2 Whether made by the district president or the Referral Panel, iIf the determination isdistrict president determines not to initiate formal proceedings, the district presidenthe shall in writing so inform the accuser, any other district president involved, and the involved member, which shall terminate the matter., subject to the following: (a) If a matter of doctrine or practice is involved, the accuser may, within 15 days after receipt of such notice, appeal for action by the President of the Synod (Constitution Art. XI B 1–3). The accuser shall so notify the district president, who shall within 15 days: CCM Minutes (Protocol Supplement) – May 5–6, 2017 – Page 27b