LCMS Convention Workbook St. Louis, Missouri — 2016, Page 304

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304

X. TASK FORCE ON DISPUTE RESOLUTION REPORT

involving a doctrinal issue should be heard by a panel of district
presidents. Consider how the Synod can ensure that those hearing a
doctrinal issue are well versed in the doctrine of the Synod” (2013
Today’s Business, p. 27). 2013 Res. 7-18 “To Study Doctrinal Training
for Reconcilers” was adopted in response to this recommendation for
doctrinal training for reconcilers, referring the matter to the Council
of Presidents, the Commission on Constitutional Matters, and the
Secretary of the Synod “for appropriate study and recommendations.”
The following proposed bylaw changes approach the matter differently, in recognition of the historic understanding that while the
authority to suspend has been given to district presidents as part of
their ecclesiastical supervisory responsibilities, the power to remove/
expel from membership belongs to the Synod. As noted in the brief
history provided in the above paragraphs, for a time the Synod delegated this power to district conventions, their decisions appealable to
the Synod or, later, to various boards and commissions established by
the Synod. Of late, the Synod has delegated this power to its Bylaw
section 2.14–2.17 expulsion processes, with opportunity to appeal
within the process itself.
Given the extremely important matters that are decided by these
panels (removals from membership in the Synod), the task force advocates that their composition be reconsidered. Because these panels
most often hear and decide matters of doctrine and practice, efforts
should be made to obtain the service of the most knowledgeable persons in those areas for panel service. And because these panels must
make objective decisions after hearing testimony and evaluating evidence, efforts should be made to obtain the service of those with
aptitude, training, and/or experience in such areas.
Proposed Actions
Therefore be it
Resolved, That Bylaw Section 2.14 be amended to alter the composition of Hearing Panels and Final Hearing Panels by identifying
and obtaining panel service of persons (a) most knowledgeable in the
areas of doctrine and practice and (b) most experienced in making
objective decisions after hearing testimony and evaluating evidence.
Each district board of directors is to provide the name of one person
for each category, their names to be submitted to the Secretary of the
Synod to obtain biographical and consent-to-serve information. These
two lists of names are then to be reduced by the Council of Presidents
to 20 names on each list, from which the President of the Synod in
consultation with the Praesidium appoints 12 persons from each list
to comprise the pool of 24 arbitrators. From this pool of names are
chosen by blind draw the three members of the Hearing Panels and
Final Hearing Panels required by the Bylaw 2.14, 2.15, and 2.17 processes as needed; and be it further
Resolved, That the following changes be adopted for Bylaws
2.14.2; 2.14.7.2; and 2.14.9, to be applied also to the 2.15, 2.16, and
2.17 processes as appropriate:
PRESENT/PROPOSED WORDING
Definition of Terms
2.14.2 The definitions of terms used in this Bylaw section 2.14 are
as follows:
…
(c) Arbitrator: A Hearing Panel or Final Hearing Panel member
(1) knowledgeable in the areas of confessional Lutheran
doctrine and practice and/or (2) experienced in making
objective decisions after hearing testimony and evaluating
evidence. Such arbitrators are selected by blind draw by
the Secretary of the Synod from a pool of names created

2016 Convention Workbook

as follows: (i) Each district board of directors shall provide
the name of one person who is knowledgeable in the area of
confessional Lutheran doctrine and practice and the name of
one person who is experienced in making objective decisions
after hearing testimony and evaluating evidence; which
names shall be (ii) submitted to the Secretary of the Synod to
obtain biographical and consent-to-serve information, (iii) the
resulting two lists of names to be presented to and reduced
by the Council of Presidents to two lists of 20 names, from
which (iv) the President of the Synod in consultation with the
Praesidium then appoints 12 persons from each list to comprise
the pool of 24 arbitrators, from which are chosen by blind draw
the three members of a Hearing Panel or a Final Hearing Panel.
Arbitrators serve terms of six years, subject to reappointment.
(cd) Blind Draw: Selection from a pool of eligible names, using a
method that will accomplish a truly “blind” draw, to be carried
out in the presence of at least two office staff or other neutral
persons. A statement attesting to the proper conduct of the
blind draw shall be prepared, signed by two witnesses, dated,
and included in the record of the case. Names shall be used in
the order in which they were surfaced by the blind draw.
…
(hj) Final Hearing Panel: Three arbitrators, at least one of whom
shall be knowledgeable in the areas of doctrine and practice,
and at least one of whom shall be experienced in making
objective decisions after hearing testimony and evaluating
evidence, Two district presidents and a lay reconciler, assisted
by a hearing facilitator, who, when the decision of the Hearing
Panel is has been successfully appealed, are selected by blind
draw by the Secretary of the Synod according to these bylaws
to give a final hearing.
…
(jl) 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, who
conducts hearings, and advises panels on the form but not the
substance of decisions. Hearing facilitators are selected from a
pool of 25 trained reconcilers who have exhibited skills in the
proper conduct of a fair and impartial hearing, who comprise
the Synod’s roster of reconcilers (Bylaw 1.10.12). Hearing
facilitators serve terms of service of six years, renewable
without limit.
(km) Hearing Panel: Three arbitrators, at least one of whom shall
be knowledgeable in the areas of doctrine and practice, and at
least one of whom shall be experienced in making objective
decisions after hearing testimony and evaluating evidence,
who, when a matter is to be heard and resolved, Two district
presidents and a lay reconciler, assisted by a hearing facilitator
shall be selected by blind draw by the Secretary of the Synod
according to these bylaws to hear the matter and render a final
decision unless successfully appealed.
…

Hearing Panel
…
2.14.7.2 A Hearing Panel consisting of three arbitrators, two district
presidents (excluding the involved district presidents) and one reconciler who is a layperson, and one reconciler who is a layperson, at least
one of whom shall be knowledgeable in the areas of doctrine and practice, and at least one of whom shall be experienced in making objective
decisions after hearing testimony and evaluating evidence, shall provide
conduct the requested hearing:.
(a) One district president shall be selected by the accused.
(b) One district president shall be selected by the district president
who imposed the suspended status (a district president may not
choose himself).