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LCMS Convention Workbook St. Louis, Missouri — 2016, Page 432

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

432

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

12-42

COMMISSION ON HANDBOOK
2016 LCMS Convention
OMNIBUS OVERTURE #1 (Dispute Resolution)
The Commission on Handbook recognizes that its proposed overtures to the 2016 convention can be grouped together according to
same-subject matter to facilitate the work of the floor committee. This
“omnibus” overture groups the commission’s bylaw change proposals regarding dispute resolution/expulsion into a single overture for
the floor committee’s convenience.
——————
A. To Expedite Dispute Resolution and Expulsion Processes
Rationale
Bylaw 1.10.1 speaks of disputes, disagreements, or offenses as
“a matter of grave concern for the whole church” that “should be

resolved promptly.” An oft-voiced concern regarding current dispute
resolution and suspension/expulsion processes is that they take too
long to complete.
In addition, current time frames vary between bylaws governing
dispute resolution and suspension/expulsion processes, often for identical steps in the processes. The following changes to Bylaw sections
1.10 and 2.14 will conserve time and provide uniformity. The changes
to Bylaw section 2.14 are also, upon adoption by the 2016 convention,
to be applied to the 2.15, 2.16, and 2.17 processes as appropriate during preparation of the 2016 Handbook of the Synod.
Proposed Action

Therefore be it
Resolved, That the following changes to Bylaw sections 1.10 and
2.14 be made to conserve time and provide uniformity throughout
the Synod dispute resolution and suspension/expulsion processes,
with changes to the Bylaw section 2.14 process to be applied to the
Bylaw sections 2.15, 2.16, and 2.17 processes during preparation of
the 2016 Handbook.

PRESENT/PROPOSED WORDING
1.10 Dispute Resolution of the Synod
1.10.5

1.10.6.1

1.10.7

1.10.7.2

1.10.7.3

1.10.7.4

1.10.8

1.10.8.2

… (c) Within 45 days of the conclusion of the consultation
and receipt of any advice or opinions as described above, the
district president shall …
The administrator shall promptly within 15 days select the
reconciler in the manner hereinafter set forth and then notify
the parties …

If the parties to a dispute with the assistance of the reconciler
have been unable to achieve reconciliation, the complainant
shall notify the Secretary of the Synod with 30 15 days after
receiving …
… Within 30 15 days after the appointment of the panel, the
hearing facilitator shall confer with the parties to the dispute
and the Dispute Resolution Panel for the purpose of choosing
a location …
The formal hearing before the Dispute Resolution Panel,
conducted by a hearing facilitator, shall take place within 60
45 days after the date of the final selection of the hearing facilitator location and date of the formal hearing, unless there
is unanimous consent by the panel members for a short delay
beyond such 60 45 days for reasons the panel deems appropriate.
… (b) Within 60 30 days after the hearing, the panel shall issue a written decision that shall state the facts determined by
the panel …
Within 30 15 days after receiving the decision of the Dispute
Resolution Panel, any party to the dispute or the President of
the Synod … may appeal …
Within 30 21 days after receipt, an Appeal Panel shall be
selected in the prescribed manner, and the Secretary of the
Synod shall send the appeal …

2016 Convention Workbook

2.14 Expulsion of Congregations or Individuals
from Membership in the Synod
2.14.3

…(f) Only Within 45 days after all the requirements of the
consultation provided in this bylaw (Bylaw 2.14.3) have been
followed may the accuser …

2.14.5.3

… the Referral Panel shall carry out these provisions in the
process of making its determination within 60 days whether
or not to initiate formal proceedings.
… the district president in commencing formal proceedings
shall … (c) provide to the member a written notification that
the member has 15 days from the date of receipt of the statement of the matter …
Within 15 days after the Hearing Panel is constituted, the
hearing facilitator shall, after conferring with the panel, the
accused, and the district president who imposed the suspended status, select a date …
…and location within 45 days after the Hearing Panel was
constituted for the panel to hear and consider the matter, unless there is unanimous consent by the panel members for a
short delay beyond such 45 days for reasons the panel deems
appropriate.

2.14.6

2.14.7.6

2.14.7.6

2.14.7.9

Upon completion of the hearing, the Hearing Panel shall deliberate and then issue its written decision within 30 days.

2.14.8

The decision of the Hearing Panel may be appealed by the
accused … within 15 days after receiving the decision. …

2.14.8

…(a) Within 30 21 days after receipt of an appeal from the
accused or the President of the Synod, an Appeal Panel shall
be selected …