LCMS Convention Proceedings St. Louis, Missouri — 1995, Page 148

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148

RESOLUTIONS -

a. be binding upon the parties to that dispute subject

to request for review; - —-

b. have no precedential value;

c. be carried out by the appropriate person, group, or
member of the Synod; .

d. be publicized as deemed appropriate under the cir-
cumstances by the District or synodical President.

’ 8.09

d. Within 30 days after receiving the decision of the
Dispute Resolution Panel, any party to the dispute, or
the President of the Synod if a question of doctrine or
practice is involved (Art. XI B 1-3), may request a deci-
sion regarding a:reconsideration. The President may
also request that an opinion of the CCM or CTCR be ob-
tained. Such request for a reconsideration shall be

“mailed:to the Secretary of the Synod, each member of

the-Dispute Resolution Panel, and the other parties to

' : the dispute, and shall be accompanied by a written

memorandum stating the basis for the request, identi-
fying the doctrine or practice with which the decision is
in conflict; Within 30 days after receipt, an Appeal

‘Panel: shall be selected in the prescribed manner, and
. the Secretary of the Synod shall send the request for re-

consideration to each panel member. The Appeal Panel

‘shall issue in writing its decision as to the request for

reconsideration. If a reconsideration is granted, the Sec-
retary of the Synod shall within 10 days select a Review
Panel.in the prescribed manner. The Review Panel shall
generally decide the issue on the record without further
formal hearing but may follow the procedure used by a
Dispute Resolution Panel if deemed necessary. the-panel

ine

e. The final decision of e-Dispute-Reselutien the Re-
view Panel shall ;

1) be binding upon the parties to that dispute and
not be subject to further appeal;

2) have no precedential value;

3) be carried out by the appropriate person, group,
or member of the Synod;

4) be publicized as deemed appropriate under the
circumstances by the District or synodical President.

8.16 Appeal Panels and Review Panels

a. The Appeal Panel shall be made up of three Dis-
trict Presidents, one selected by the complainant, one se-
lected by the respondent, and the third selected by the
two Appeal Panel members so selected. If the two Appeal
Panel: members cannot agree on a third, the synodical
Secretary shall select the third member by blind draw
from the remaining District Presidents.

b. The synodical roster of reconcilers shall comprise
the list from which Review Panel members will be se-
lected.

c. Each Review Panel shall consist of five persons, at
least two of whom shall be pastors, and at least two lay-
men, selected as follows: _

1. Fifteen names shall be selected by a blind draw
from the synodical roster of reconcilers.

2. No member shall be from the District in which the
dispute arose, or, if it is a synodical question, from any
District in which a party holds membership.

3. The list shall be mailed simultaneously to each
party who shall be entitled to strike five names and re-
turn the list to the Secretary of the Synod within one
week.

4. The Secretary of the Synod will correct any prob-
lem in panel membership by a further blind draw for re-
movals or additions until the panel is constituted.

5. The panel shall elect a chairman and secretary.

8.19 Decisions
b. Majority vote: é é:

i ied; The Dispute Resolution
Panel, or Review Panel, shall issue a decision based on
a majority vote of the panel. In the event that a major-
ity decision cannot be reached, a new panel shall be
formed immediately in accordance with the Bylaws and
the matter be reheard. ;

8.21 Rules of Procedure —

a. Reconcilers, e#@ Dispute Resolution Panels, and
Review Panels shall be governed in all their actions by
Holy Scripture, the Lutheran Confessions, and the Con-
stitution and Bylaws of the Synod. . a

b. In the interest of promoting the reconciliation
process, any member of the Synod, officer of a congre-
gation, or officer of any organization owned or con-
trolled by the Synod shall, when called upon by the Dis-
pute Resolution Panel or Review Panel to do so, testify
or produce records related to the dispute. :

c. Each party to a dispute shall assume its own ex-
penses. The expenses of reconcilers, end Dispute Reso-
lution Panels, and Review Panels shall be borne by the
Synod except for those which arise under Bylaw 8.13 b,
which shall be borne by the District. .o

d. No party to a dispute nor anyone on the party’s
behalf, shall either directly or indirectly communicate
with the reconciler or any member of the Dispute Reso-
lution Panel, Appeal Panel, or Review Panel without the
full knowledge of the other party to the dispute.

e. While a matter in dispute is still undecided or
while an appeal is contemplated or pending, publicity
shall not be given to the issues in the matter by any of
the parties involved. cS

f. Any party may seek, at its own personal expense
the assistance of individuals familiar with the issues in-
volved in the dispute. They may actively participate in
research and the preparation of necessary documents.
At the hearing, hewever; each party may have an advi-
sor present but must represent itself, with no public par-
ticipation by the advisor. é é ‘

é If a party is a board or
commission of the Synod or its Districts, it shall be rep-
resented by its chairman or designated member.

g. Fke A Dispute Resolution Panel or Review Panel

‘ shall determine the number of witnesses necessary for

a full and complete understanding. of the facts involved
in the dispute. It shall question parties and witnesses
directly and may also permit the parties to do so.

h. All Dispute Resolution Panel or Review Panel
records of disputes in which a final decision has been
rendered by the Dispute Resolution Panel or Review
Panel shall be placed in the custody of Concordia His-
torical Institute. All such records shall be sealed and
shall be opened only for good cause shown and only
after permission has been granted by a Dispute Reso-
lution Panel, selected by blind draw for that purpose.

i. If any part of the dispute involves a specific ques-
tion of doctrine or doctrinal application, each party
shall have the right to an opinion from the Commission
on Theology and Church Relations. If it involves ques-,
tions of Constitution or Bylaw interpretation, each
party shall have a right to an interpretation from the
Commission on Constitutional Matters. The request for
an opinion must be made through the Dispute Resolu-
tion Panel or Review Panel, which shall determine the
wording of the question(s). The request for an opinion
must be made within four weeks of the final formation
of the Dispute Resolution Panel or Review. Panel. If a
party does not request such an opinion within the des-