LCMS Convention Proceedings St. Louis, Missouri — 1992, Page 143

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

STRUCTURE AND ORGANIZATION 143

c. The following rules for the Dispute Resolution
Panel shall apply:

I. It shall be private, attended only by the parties and
the witnesses who can substantiate the facts relevant to
the matter in dispute. The panel shail establish the pro-

cedure to be followed in the hearing and the relevancy’

of evidence so that each party shall be given an oppor-
tunity fully to present its respective position. In perform-
_ ing its duty, ti the p panel shall continue efforts to reconcile
the parties on the basis of Christian love and forgiveness.

2. Within 60 days after the final hearing, the panel
Shall issue a written decision which shall state the facts
determined by the panel and the reasons for its decision.

3. The panel shall forward a copy of its decision to

a) each party to the matter in dispute;

b) the Secretary of the Synod;

c) the President of the Synod;

d) the President of the respective district.

d, Within 30 days after receiving the decision of the
Dispute Resolution Panel, any party to the dispute} or
the President of the Synod if a question of doctrine or
practice is involved (Art. XI B 1-3), may request a; ‘re.
que that on by the panel. The President may also! ire:

uest that an opinion of the CCM or CTCR be obtained.

Such request 4 for a reconsideration shall be mailed to
each member of the Dispute Resolution Panel and the
other parties to the dispute, and shall be accompanied
by a written memorandum stating the basis for the|re-
quest, identifying the doctrine or practice with which the
decision is in conflict. Within 30 days after receipt, the
panel shall issue in writing its decision as to the request.
If a reconsideration is granted, the procedure shall, be
the same as that followed in the prior hearing before the
Panel, except that the panel may decide to issue its de-
cision on reconsideration without a further formal
hearing.
h “ The final decision of a Dispute Resolution Panel
sha.
1. be binding upon the parties to that dispute and
not be subject to further appeal;
2. have no Lipo aerey value;
3. be carried out by the appropriate person, group} or
member of the Synod;
4. be publicized as deemed appropriate under the cir-
cumstances by the District or synodical President.

8.11 Congregation’s Right of Self-Government

The congregation’s right of self-government shall be
recognized. However, when a decision of a congregation
is at issue, a Dispute Resolution Panel may review the
decision of the congregation according to the Holy Scrip-
tures and shall either uphold the action of the congre-
gation or advise the congregation to review and revise
its decision. If the congregation does not revise ils ae-
cision, the other congregations of the Synod shall not}! be
required to respect this decision, and the District tn-
volved shall take action with respect to the congregation
as it may deem appropriate.

8.13 District Reconcilers

a, Within three months after the synodical conven-
tion, each District Board of Directors shall appoint a
District roster of four reconcilers, no more than two, of

whom shall be pastors, from a list supplied by the Circuit
Counselors of the District. The term of service shall|be
six years, renewable once. They shall be people “of good
reputation, full of the Holy Spirit and wisdom” (Acts
6:3). Vacancies for an unexpired term shall be filled|in
the same manner by the Board of Directors within 30
days following their occurrence.

6. One of the four shall be chosen by blind draw |by
the Secretary of the District to serve as reconciler in the
following situations arising in the District:

1. Procedural questions involved in excommunication
ccases

2. Cases in which a member of the Synod shall have
been removed from the position which that member holds
in a congregation which is a member of the Synod

3. Cases in which a person, whether or not a member

of the Synod, is removed from the position which is held
in the District

4. Cases involving differences between congregations
within the same District or between a congregation and
its District

c. The members of the District roster of reconcilers of
all the Districts shall comprise the synodical roster of
reconcilers. One of the synodical roster of reconcilers
shall be chosen by blind draw by the Secretary of the
Synod in all disputes except those (a) enumerated in sec-
tion 8.13 b above, or (b) cases under Art. XIII of the
Constitution which shall follow the procedure set forth
in 2.27 Bylaw,

d, Limitations on holding multiple offices do not ap-
ply to reconcilers.

8.15 Dispute Resolution Panels

a, The synodical roster of reconcilers shall comprise
the list from which Dispute Resolution Panel members
will be selected.

b. Each Dispute Resolution Panel shall consist of
three persons, at least one of whom shall be a pastor and
one a layman, selected as follows:

1. Nine names shall be selected by a blind draw from
the Dispute Resolution Roster.

2. No member of a panel shall be from the District
in which the dispute arose or, if it is a synodical question,
from a any District in which a party holds membership.

list shall be mailed simultaneously to each
party, who shall be entitled to strike three names and
return the list to the Secretary of the Synod within one
weer.

4. The Secretary of the Synod will correct any problem
in the panel membership by a further blind draw for
removals or additions, which shall then constitute the
panel.

c, The panel shail elect a chairman and secretary.

8.17 Disqualification

a. The standard for disqualification of a reconciler
or panel member shall be actual partiality or the a, op.
pearance thereof. Any party to a dispute shall have t
right to request disqualification of a reconciler or a panel
member. If that individual does not agree to the dis-
qualification, the decision shall be made by a separate
three-member panel of reconcilers drawn for that

Purpose.

. In the event that a reconciler or panel member is

disqualified, another individual shall be chosen by blind
Taw,

8.19 Decisions

a. Quorum: A majority of the panel members shall
be involved in all stages of the decision-making process.

6. Majority vote: If the parties cannot settle their
dispute and be reconciled, the Dispute Resolution Panel
shall issue a decision based on a majority vote of the’
panel. In the event that a majority decision cannot be
reached, a new panel shall be formed immediately in
accordance with the Bylaws and the matter be reheard.

8.21 Rules of Procedure

a. Reconcilers and Dispute Resolution Panels shall
be governed in all their actions by Holy Scripture, the
Lutheran Confessions, and the Constitution and Bylaws

‘ of the Synod.

6. In the interest of promoting the reconciliation pro-
cess, any member of the Synod, officer of a congregation,
or officer of any organization owned or controlled by the
Synod shall, when called upon by the Dispute Resolution
Panel to do so, testify or produce records related to the
dispute.

c. Each party to a dispute shall assume its own ex-
penses. The expenses of reconcilers and Dispute Reso-
lution Panels shall be borne by the Synod except for those
which arise under Bylaw 8.13 b, which shall be borne
by the District.

d. No party to a dispute nor anyone on the party's
behalf, shall either directly or indirectly communicate