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LCMS Convention Workbook St. Louis, Missouri — 2016, Page 435

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

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
of a decision of a Hearing Panel to an Appeal Panel as they grant to
the member who has been suspended by the district president and
the President of the Synod (if a question of doctrine or practice is
involved). One of the participants most involved in these important
processes is thereby not granted the same important opportunity as
the other.
The Commission on Handbook, believing that this was an oversight when the appeal process was incorporated into the Bylaw 2.14
and 2.17 dispute resolution processes by a convention, proposes that
the involved district president also be provided opportunity to appeal
a Hearing Panel decision by amending these bylaws as follows.
Proposed Action
Therefore be it
Resolved, that Bylaws 2.14.7.9, 2.14.8, 2.17.7.9, and 2.17.8 be
amended as follows:
PRESENT/PROPOSED WORDING
2.14.7.9 Upon completion of the hearing, the Hearing Panel shall
deliberate and then issue its written decision within 30 days.
(a) Copies of the decision shall be mailed to the accused, the district
president who imposed the suspension, the accuser and his/her district president, the Secretary of the Synod, and the President of the
Synod.
(b) The decision of the Hearing Panel shall be subject to appeal by the
accused, the district president who imposed the suspension, or the
President of the Synod.
…
2.14.8 The decision of the Hearing Panel may be appealed by
the accused (if an active participant in the hearing before the Hearing
Panel), by the district president who imposed the suspension, or by the
President of the Synod if a question of doctrine or practice is involved
(Constitution Art. XI B 1–3) …
2.17.7.9 Upon completion of the hearing, the Hearing Panel shall
deliberate and then issue its written decision within 30 days.
(a) Copies of the decision shall be mailed to the accused, the district
president who imposed the suspension, the accuser and his/her district president, the Secretary of the Synod, and the President of the
Synod.
(b) The decision of the Hearing Panel shall be subject to appeal by the
accused, the district president who imposed the suspension, or the
President of the Synod.
…
2.17.8 The decision of the Hearing Panel may be appealed by
the accused (if an active participant in the hearing before the Hearing
Panel), by the ecclesiastical supervisor who imposed the suspension,
or by the President of the Synod if a question of doctrine or practice is
involved (Constitution Art. XI B 1–3) …

——————
H. To Remove Detail Regarding Expense
Responsibilities from Bylaw 2.14.7.8 (e)
Rationale
Recognizing its responsibility to provide for “the ongoing maintenance and management of the Handbook” (Bylaw 3.9.4), the
Commission on Handbook proposes that such detail in the Synod’s
expulsion process that assigns responsibility for expenses would be
better addressed in the general rules section of the Standard Operating
Procedures Manual provided by the Commission on Constitutional
Matters for each procedure.

435

Proposed Action
Therefore be it
Resolved, That Bylaw 2.14.7.8 (e) be removed from the Bylaws
of the Synod as follows:
PRESENT/PROPOSED WORDING
2.14.7.8 The following guidelines are applicable to the Hearing
Panel and all involved persons:
…
(d) 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 panel to do so, testify or produce records related
to the matter.
(e) Each party to the matter shall assume its own expenses. The expenses of the panel shall be borne by the district or the Synod.
(fe) No party to the matter, nor anyone on the party’s behalf, shall communicate either directly or indirectly with the panel or any member
of the panel without the full knowledge of the other party to the
matter.
…

——————
I. To Add Definition of Standard Operating
Procedures Manual to Pertinent Bylaws
Rationale
Current bylaws governing dispute resolution assume the existence
of regular updating of a Standard Operating Procedures Manual for
each of the dispute resolution processes in the Bylaws of the Synod
but fail to define what such manuals are and the purpose they serve.
The Commission on Handbook proposes that the following definition inserted into the definitions sections of the two primary dispute
resolution processes in the Handbook of the Synod be adopted by the
2016 convention of the Synod.
Proposed Action
Therefore be it
Resolved, That the following new paragraphs be inserted into
Bylaws 1.10.4 and 2.14.2, as follows:
PROPOSED WORDING
1.10.4 In order to communicate effectively and avoid misunderstanding, it is critical that terms be carefully defined:
…
(p) Standard Operating Procedures Manual: A comprehensive procedures manual developed by the Commission on Constitutional Matters in consultation with the Secretary of the Synod and the Council
of Presidents to ensure uniformity and consistency in the implementation of this bylaw section.
(pq) …
2.14.2 The definitions of terms used in this bylaw are as follows:
…
(s) Standard Operating Procedures Manual: A comprehensive procedures manual developed by the Commission on Constitutional Matters in consultation with the Secretary of the Synod and with the
concurrence of the Council of Presidents to ensure uniformity and
consistency in the implementation of this bylaw section.
(st) …

Commission on Handbook
2016 Convention Workbook