LCMS Convention Workbook St. Louis, Missouri — 2016, Page 302

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302

X. TASK FORCE ON DISPUTE RESOLUTION REPORT

PRESENT/PROPOSED WORDING
2.14 Expulsion of Congregations or Individuals
from Membership in the Synod
Preamble
2.14.1 Termination of membership in the Synod is a serious matter involving both the doctrine and life of those to whom it has been
granted….
…
(b) The action to commence expulsion of a congregation
or individual from membership in the Synod is the
sole responsibility of the district president who has the
responsibility for the ecclesiastical supervision of such
member, or by the President of the Synod under Bylaw
2.14.5.2.
…
Definition of Terms
2.14.2 The definitions of terms used in this bylaw are as follows:
…
(g) 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.
…
(s) 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.
…

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.
2.14.54.2 Whether made by the district president or the Referral
Panel, if If the determination of the district president is not to initiate
formal proceedings, the district president he shall in writing so inform
the accuser, any other district president involved, and the involved member, which shall terminate the matter, unless the accuser presents the
written complaint or accusation to the President of the Synod as provided below (Bylaw 2.14.4.3).
2.14.54.3 If the district president fails to act within 60 days after
receipt of the formal written complaint or accusation, the accuser may
present a formal written request to the district president for the forming
of a Referral Panel, which request the district president must grant. If
the provisions of Bylaw 2.14.4 have not been carried out, the Referral
Panel shall carry out these provisions in the process of making its determination whether or not to initiate formal proceedings. If the district
president fails or declines to suspend the member within 90 days after
receipt of the written complaint or accusation, the accuser may present
the written complaint or accusation to the President of the Synod. If, after investigation and consultation with the Praesidium of the Synod, the
President determines that the facts are such that it could lead to expul-

2016 Convention Workbook

sion of the member under Article XIII of the Constitution, the President
of the Synod shall designate one of the vice-presidents of the Synod to
proceed in the same fashion as is hereafter required of the district president. If the President of the Synod determines not to proceed, he shall
in writing so inform the complainant and the involved member, which
shall terminate the matter.

Commencing Formal Proceedings
2.14.65 If the district president or the Referral Panel concludes that
the facts form a basis for expulsion of the member under Article XIII of
the Constitution, the district president in commencing formal proceedings shall…
(Note: the following are related changes unique to Bylaw section 2.15
“Expulsion of a District President or Officer from Membership in the
Synod.”)

Referral Panel
2.15.5 In the determination of whether or not to initiate formal proceedings, the President of the Synod may form a Referral Panel consisting of three district presidents.
(a) This panel shall be formed by blind draw, shall not include
the district president that is a party to the matter or the district
president or an accused officer or the district president of the
accuser.
(b) The blind draw shall be administered by the chairman of the
Council of Presidents audited by witnesses.
2.15.5.1 After reviewing the accusation and the results of the investigation, the Referral Panel shall make the determination whether or not
to initiate formal proceedings.
2.15.45.2 Whether made by the President of the Synod or the Referral Panel, if If the determination of the President of the Synod is not
to initiate formal proceedings, hethe President of the Synod shall in
writing so inform the accuser, any other district president involved, and
the accused officer of the Synod or district presidentinvolved member,
which shall terminate the matter, unless the accuser presents the written
complaint or accusation to the chairman of the Council of Presidents as
provided below (Bylaw 2.15.4.3).
2.15.45.3 If the President of the Synod fails or declines to suspend
the officer of the Synod or district president within 90 days after receipt
of the written complaint or accusation,to act within 60 days after receipt
of the formal written complaint or accusation, the accuser may present
a formal written request to the President of the Synod for the forming of a Referral Panel, which request the President of the Synod must
grant. If the provisions set forth in Bylaw 2.15.4 have not been carried
out, the Referral Panel shall carry out these provisions in the process
of making the determination whether or not to initiate formal proceedings. the accuser may present the written complaint or accusation to the
chairman of the Council of Presidents or next qualified officer of the
Council of Presidents. If, after investigation and consultation with other
district presidents as he sees fit, the chairman of the Council of Presidents determines that the facts are such as could lead to the expulsion of
the member under Article XIII of the Constitution, the chairman of the
Council of Presidents shall proceed in the same fashion as is hereafter
required of the President of the Synod. If the chairman of the Council of
Presidents determines not to proceed, he shall in writing so inform the
complainant and the involved member, which shall terminate the matter.

Commencing Formal Proceedings
2.15.56 If the President of the Synod or the Referral Panel concludes that the facts form a basis for expulsion of the member under
Article XIII of the Constitution, the President of the Synod in commencing formal proceedings shall…
(Note: the following are related changes unique to Bylaw section 2.17
“Expulsion of Individuals from Membership in the Synod as a Result of
Sexual Misconduct or Criminal Behavior.”)