LCMS Convention Proceedings St. Louis, Missouri — 2010, Page 149

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ECCLESIAL MATTERS
10 . Accumulation of three unexcused absences within any
term of office .
1 .5 .7 .1 The procedure for removal of a member of a commission, agency board, or the LCMS Board of Directors, except
for those persons subject to Bylaws 2 .15 and 2 .16, shall be as
follows:
(a) Action for removal shall require written notice to each
member of the relevant commission, agency board, or LCMS
Board of Directors at least thirty (30) days prior to a special
meeting of the commission, agency board, or LCMS Board of
Directors called for that purpose . A copy of such notice shall be
sent to the President and the Secretary of the Synod and to the
ecclesiastical supervisor, if applicable .
(b) The special meeting shall be held no later than sixty (60)
days after the provision of the written notice, unless extended by
the mutual agreement of the parties .
(c) Removal shall be effected by
(1) recommendation of such to the Synod’s Board of Directors by a vote in favor of removal by at least three-fourths
of all current members (excluding the person whose membership is in question) of the applicable commission, agency
board, or LCMS Board of Directors; and
(2) by a vote in favor of the recommendation of removal
by at least three-fourths of all current members (excluding
the person whose membership is in question) of the Board of
Directors of the Synod .
(d) Removal may be appealed by a member who has been
removed from a commission, agency board, or the LCMS Board
of Directors through the use of the Synod’s dispute resolution
process as provided in Bylaw section 1 .10 .
(e) From the time that written notice is given until the commission, agency board, or the LCMS Board of Directors takes
action with respect to the removal, the member(s) subject to removal may not vote on matters before the commission, agency
board, or LCMS Board of Directors .
1 .5 .7 .2 To the extent that the application of this bylaw is
limited by applicable law with respect to the removal of members of a commission, agency board, or the LCMS Board of
Directors, the commission, agency board, or LCMS Board of
Directors on which the member serves may recommend the removal and attempt to cause the appropriate procedures under
applicable law, these Bylaws and the governing documents of
the affected entity to be followed to permit the removal of such
commission, agency board, or LCMS Board of Directors member .

Action: Adopted (9)
(Three changes were made to the resolution by the committee
prior to its presentation to the assembly . The words “as defined in
Bylaw 1 .6 .2” were deleted from #9 of proposed Bylaw 1 .5 .7; and
the phrases “agency or LCMS Board of Directors” were changed to
read “commission, agency or board, or LCMS Board of Directors”
in proposed Bylaws 1 .5 .7 .1 (e) and 1 .5 .7 .2 . After discussion, Res .
7-03 was adopted as changed [Yes: 978; No: 106] .)

149

To Approve Changes to the Process
of Bylaws 2.14, 2.15, and 2.17
RESOLUTION 7-04A
Report 7-07 (CW, pp. 144–147)
Whereas, The 2004 convention adopted Res . 8-01A which
established new procedures for ecclesiastical supervision, dispute resolution, and expulsion from membership in the Synod;
and
Whereas, The 2007 convention adopted Res . 8-06 calling for a special task force to study further the composition of
Hearing Panels under Bylaw sections 2 .14, 2 .15, and 2 .17; and
Whereas, 2010 Floor Committee 7 has reviewed the report
of the Resolution 8-06 Task Force (CW, pp . 144–147); and
Whereas, The floor committee agrees with the recommendation in the report that it is wise to modify the composition of
hearing panels to include a layperson chosen from the Synod’s
roster of reconcilers; and
Whereas, The floor committee further agrees with the recommendation in the report that it is wise to appoint a hearing
facilitator to Hearing Panels and Final Hearing Panels; and
Whereas, The floor committee believes that it would be
wise to designate the Secretary of the Synod as the administrator for the process provided by Bylaw sections 2 .14, 2 .15,
and 2 .17; therefore be it
Resolved, That the Secretary of the Synod be designated as
the administrator for the process provided by Bylaw sections
2 .14, 2 .15, and 2 .17; and be it further
Resolved, That the Commission on Structure make the necessary changes to the Bylaws designating the Secretary of the
Synod as the administrator for the process provided in Bylaw
sections 2 .14, 2 .15, and 2 .17; and be it further
Resolved, That the composition of Hearing Panels and Final
Hearing Panels in Bylaws 2 .14, 2 .15, and 2 .17 be modified to
include two district presidents, a layperson chosen from the
Synod’s roster of reconcilers, and a hearing facilitator; and
be it finally
Resolved, That the following changes be made to the
Bylaws of the Synod .
PRESENT/PROPOSED WORDING
Definition of Terms

2 .14 .2 The definitions of terms used in this bylaw are as follows: …
(j) Hearing facilitator: One selected by blind draw by the
Secretary of the Synod as described in Bylaw 1 .10 .13 .2, trained
to serve as a facilitator for hearings before panels .
(k) [and following paragraphs re-lettered accordingly]
2 .14 .7 .2 A Hearing Panel consisting of three two district
presidents and one reconciler who is a layperson selected as follows but excluding the involved district presidents shall conduct
the hearing:
(a) One district president selected by the accused .
(b) One district president selected by the district president
who imposed the suspended status (a district president may not
choose himself) .
2010 Convention Proceedings