LCMS Convention Workbook St. Louis, Missouri — 2023, Page 399

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FLOOR COMMITTEES: REPORT AND OVERTURE ASSIGNMENTS

10. Ecclesiastical Supervision
and Dispute Resolution
REPORTS
R1, R2, R3–R4.1, R9, R21–R55,
R65, R66.6, R66.12–R66.13
OVERTURES
Ov. 10-01

To Amend Dispute Resolution and Expulsion
Bylaws to Address Practical Considerations
and Clarity
Preamble
The Commission on Handbook (COH) has, in keeping with its
responsibility to “respond to requests … to propose new provisions
to address specific Handbook-related issues that surface between
conventions” (Bylaw 3.9.4.2 [e]), responded to suggestions for
bylaw changes in the dispute resolution and expulsion bylaws of the
Synod with the following. Areas for work and potential solutions
were proposed by the Secretary of the Synod, assembled from his
consultation with the Council of Presidents, the Commission on
Constitutional Matters, and Ambassadors of Reconciliation, which
provides training for Synod’s official roster of reconcilers and
hearing facilitators. These fall in the following areas:
A. CLARIFY THAT HEARING FACILITATOR SERVICE
SURVIVES DISTRICT TRANSFER (COH 19-009A)
Rationale
Hearing facilitators are drawn from the pool of district-based,
trained reconcilers, onto a separate roster at the Synod level. A
question has arisen about the sense of language in Bylaw 1.10.12
(a), which refers, nonetheless, to movement of hearing facilitators
from district to district. The commission determined that the
language should be clarified by incorporating the sense of existing
Bylaw 1.10.12.2 into 1.10.12 (a).
Therefore be it
Resolved, That Bylaw 1.10.12 be amended as follows:
PRESENT/PROPOSED WORDING
Hearing Facilitators
1.10.12
After the training of the reconcilers and in consultation
with the appropriate district presidents, the Secretary of the Synod
shall maintain a roster of 25 hearing facilitators selected from the
roster of trained reconcilers. They may be ordained ministers,
commissioned ministers, or laypersons and shall exhibit skills in the
proper conduct of a fair and impartial hearing. They shall receive
training for such purpose.
(a) Their term of service, monitored by the Secretary of the
Synod, shall be six years, renewable without limit. Once
appointed, the district membership of hearing facilitators no
longer pertains to their eligibility for service in this position.
Within three months after even-numbered conventions of the
Synod (e.g., 64th in 2010, 66th in 2016, 68th in 2023, etc.), the
Secretary of the Synod shall contact all hearing facilitators to
learn of their availability and willingness to continue for an
additional term. Resulting vacancies on the roster of hearing
facilitators shall be filled by the Secretary of the Synod from the

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Synod roster of reconcilers after consultation with the appropriate
district presidents in time for resulting vacancies on district
rosters of reconcilers to be filled by appointment by district
boards of directors.
(b) Any vacancy in an unexpired term shall be filled in the same
manner as described above.
1.10.12.1 Limitations on holding multiple offices do not apply to
hearing facilitators.
1.10.12.2 If a hearing facilitator moves from the district where
nominated, such hearing facilitator may remain on the Synod’s
roster of hearing facilitators.
1.10.12.32 A hearing facilitator shall not serve as a reconciler or as a
voting member of a panel.

B. TIMING, APPOINTMENT OF RECONCILERS
AND HEARING FACILITATORS (COH 19-003)
Rationale
2016 Resolution 12-09 adjusted the schedule and procedure for
appointment of dispute resolution reconcilers and hearing
facilitators, allowing district boards of directors to make such
appointments before, rather than after, the Synod convention (after
which terms of service begin). Reconcilers are trained once
appointed but cannot serve without training.
Training occurs within six months following a national Synod
convention (Bylaw 1.10.10). At that training it is determined which
of the new reconcilers might be useful as hearing facilitators (Bylaw
1.10.12), and those, after consultation, are appointed such, as
vacancies on the roster of hearing facilitators require. At that point,
it is impossible for vacancies on the district rosters of reconcilers to
be filled (meaningfully) as the training has already occurred and
will not occur for another three years (Bylaw 1.10.10). The last
portion of Res. 1.10.12 (a), added in 2016, is therefore
problematic—unless one is to bar the present year’s trainees from
becoming hearing facilitators, which would pose a practical
problem.
It may be possible to fill some of the hearing facilitator vacancies
with previously trained reconcilers—but not if the vacancies are
only addressed three months after the Synod convention, with
training being provided within the six months after the convention.
Therefore be it
Resolved, That Bylaw 1.10.12 be amended as follows:
PRESENT/PROPOSED WORDING
Hearing Facilitators
1.10.12
After the training of the reconcilers and in consultation
with the appropriate district presidents, the Secretary of the Synod
shall maintain a roster of 25 hearing facilitators selected from the
roster of trained reconcilers. They may be ordained ministers,
commissioned ministers, or laypersons and shall exhibit skills in the
proper conduct of a fair and impartial hearing. They shall receive
training for such purpose.
(a) Their term of service, monitored by the Secretary of the
Synod, shall be six years, renewable without limit. Within three
months afterBeginning six months before even-numbered
conventions of the Synod (e.g., 64th in 2010, 66th in 2016, 68th
in 2023, etc.), the Secretary of the Synod shall contact all hearing
facilitators to learn of their availability and willingness to
continue for an additional term. Resulting vacancies on the roster
of hearing facilitators shall be filled by the Secretary of the Synod
from the Synod roster of reconcilers (whether already serving,
before the convention, or, being newly appointed, after their postconvention training) after consultation with the appropriate

2023 Convention Workbook