LCMS Convention Workbook St. Louis, Missouri — 2001, Page 264

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264 STRUCTURE, PLANNING, AND ADMINISTRATION

respect this decision, and the District involved shall take action
with respect to the congregation as it may deem appropriate.

A. Informal and Formal Reconciliation

8.11 Procedure for Reconcilers

a. If any party to a case is of the opinion that informal reconcil-
iation efforts (face-to-face meetings) have failed. or if any party to
a case refuses to meet to assist in effecting reconciliation, any party
to a case shall submit a request to the Secretary of the Synod or
District, as appropriate. that a reconciler be appointed to assist in
seeking reconciliation. Such request shal] be accompanied by (a) a
written statement of the matter in dispute and (b) a written state-
ment setting forth, in detail, the efforts that have been made to
achieve informal reconciliation.

b. The Secretary of the Synod or District, as appropriate, shall
promptly select the reconciler in the manner hereinafter set forth
and then notify the parties to the dispute as to the name and address
of the reconciler. He shall also forward to the chosen reconciler and
to the parties of the case, the statement of the matter in dispute and
the written statement of informal reconciliation efforts.

c. If the reconciler determines that informal reconciliation ef-
forts have been inadequate, the reconciler shall direct the parties to
engage in further reconciliation efforts. Such additional time shall
not exceed 60 days.

d. If informal reconciliation efforts (face-to-face meeting) do
not resolve the matter, the reconcilers shall direct the com-
plainant[s] and the respondent[s] to submit to the reconciler a writ-
ten reply stating or responding to the statement of the matter in dis-
pute. The reconciler shall simultaneously arrange a formal
reconciliation meeting with the parties to the dispute. Such meeting
shall be scheduled by the reconciler at the earliest reasonable date
possible, at a location that will minimize travel for the parties to
the dispute.

e. Upon conclusion of the formal reconciliation meeting or
meetings, the reconciler shall prepare a written report that contains
the actions of the reconciler, the facts agreed to, the facts remaining
in dispute, and whether reconciliation has been achieved. Attached
to the report shall be

1. the statement of the complainant as to informal reconcilia-
tion efforts;

2. the statement of the matter in dispute;
3. any reply by the respondent.

The report and the attachments shall be forwarded to the par-
ties to the dispute and the Secretary of the Synod or District as ap-
propriate.

g. If the parties with the assistance of the reconciler have
achieved reconciliation or have been unable to achieve reconcilia-
tion, the reconciler shall notify the Secretary of the Synod in a writ-
ten report as to the status of the case within 30 days after reconcil-
iation meetings have been formally concluded.

h. If formal reconciliation has failed, either party to the case
may request an appearance before a Commission on Adjudication
to hear the case within 30 days after formal reconciliation meet-
ings have concluded. Either party may request an appearance be-
fore a Commission on Adjudication by writing to the Secretary of
the Synod, who will then forward a copy of the report of the rec-
onciler with its attachments to the Commission on Adjudication.

8.13 District Reconcilers

a. Within three months after the synodical convention, each Dis-
trict Board of Directors shall appoint a District roster of four rec-
oncilers, no more than two of whom shall be pastors, from a list
supplied by the Circuit Counselors of the District. The term of ser-
vice shall be six years, renewable once. They shall be people “of
good reputation, full of the Holy Spirit and wisdom” (Acts 6:3).
Vacancies for an unexpired term shall be filled in the same manner
by the District Board of Directors within 30 days following their
occurrence.

2001 Convention Workbook

b. One of the four shall be chosen by blind draw by the Secre-
tary of the District to serve as reconciler in the following situations
arising in the District:

1. Procedural questions involved in excommunication cases;

2. Cases in which a member of the Synod shall have been re-
moved from the position that member holds in a congregation that
is a member of the Synod;

3. Cases in which a person, whether or not a member of the
Synod, is removed from the position that the member holds in the
District in cases involving differences between congregations
within the same district or between a congregation and its District;

c. The members of the District roster of reconcilers of all the
Districts shall comprise the synodical roster of reconcilers. One
member of the synodical roster of reconcilers shall be chosen by
blind draw by the Secretary of the Synod in all disputes except
those (1) enumerated in section b above, or (2) cases under Art.
XIII of the Constitution, which shall follow the procedure set forth
in 2.27 of the bylaws.

d. Limitations on holding multiple offices do not apply to rec-
oncilers.

e. [f a reconciler moves from the District where appointed, such
reconciler shal] remain as a member of the synodical roster of rec-
oncilers until the term of service of the reconciler expires.

f. If all of the District reconcilers are unavailable for a particular
matter, the Secretary of the Synod shall select a reconciler by blind
lottery from two adjacent Districts.

B. Structures for Adjudication and Appeal

8.15 Commission on Adjudication

There shall be one District Commission on Adjudication for
each District of the Synod, and one synodical Commission on Ad-
judication. Commissions on Adjudication shall be constituted, have
jurisdiction, and follow the procedures set forth or authorized in
this chapter.

8.17 Commission on Appeals

There shall be one Commission on Appeals, which shall be con-
stituted, have jurisdiction, and follow the procedures set forth or
authorized in this chapter.

8.19 Membership

a. Each District Commission on Adjudication shall be elected
by its District, and the synodical Commission on Adjudication shall
be elected by the Synod. Commissions on Adjudication shal] con-
sist of four ordained ministers and three Jaymen, at least two of
whom shall be lawyers. The Commission on Appeals shall be
elected by the Synod and shall consist of five ordained ministers
and four laymen, at least two of whom shall be lawyers. Terms of
office shall be six years in length and shall otherwise be in accor-
dance with Section 3.61 of these bylaws.

b. On any commission one commissioned minister on the syn-
odical membership roster may be elected in the place of an or-
dained minister.

c. With the exception of members of the faculties of the educa-
tional institutions of the Synod, no individual holding any position
in the Synod, in any of its Districts, or in any other organization
owned and controlled by the Synod, shall be eligible for member-
ship on a Commission on Adjudication or the Commission on Ap-
peals.

8.21 Officers

Each Commission on Adjudication and the Commission on Ap-
peals shall elect a chairman, vice-chairman, and secretary, and may
elect such other officers as it may determine.

8.23 Vacancies

a. Vacancies on the synodical Commission on Adjudication or
the Commission on Appeals shall be filled by the respective com-
mission. Consideration should first be given to individuals who