LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 166

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166

RESOLUTIONS

members, including such matters as advice and counsel as
well as suspension of membership and forfeiture of it for
failure to continue to meet membership requirements. In
protecting the rights of members, provision has also been
made for challenging those decisions by ecclesiastical supervisors which result in suspension or loss of membership
and for restoration of membership when necessary conditions are met.
[Retain current wording of Sections A–C,
Bylaws 2.01 through 2.17.]

D. RESTRICTING, SUSPENDING, AND EXPELLING
CONGREGATIONS OR INDIVIDUALS
FROM MEMBERSHIP
Preamble
Termination of membership in the Synod is a serious
matter involving both the doctrine and life of those to whom
it has been granted. Such action should only be taken as a
final step when it is clear that those who are being terminated after previous futile admonition have acted contrary
to the confession laid down in Article II or the conditions of
membership laid down in Article VI or who persist in offensive conduct (Constitution Art. XIII 1). For this reason
the Synod establishes procedures for such action including
the identification of those who are responsible for ecclesiastical supervision of its members. Such supervision includes not only suspension or termination of membership
but also advice, counsel, encouragement, and, when necessary, admonition regarding teaching and/or practice. Furthermore, the procedures which may lead to termination of
membership also provide for the protection of members by
including provisions for challenging the decisions of ecclesiastical supervisors in these matters as well as provisions
for restoration of membership which has been suspended
or terminated.
[Retain current wording of Bylaws 2.21 through 2.25.]

2.26 Expulsion of Congregations or Individuals
from Membership in the Synod
The action to commence expulsion of a congregation or
individual from membership in the Synod is the sole responsibility of the District President who has the ecclesiastical supervision of such member. This bylaw, among others, provides the procedures to carry out Article XIII of the
Constitution, “Expulsion from the Synod.” However, it does
not provide the procedure for the expulsion of the District
Presidents and the officers of the Synod (Bylaw 2.27), the
President of the Synod (Bylaw 2.28), or individual members
in cases involving sexual misconduct or criminal behavior
(Bylaw 2.29).
Definition of Terms Used in this Bylaw:
Accused: The party named by the accuser as being in
violation of Article XIII and is under the procedural ecclesiastical supervision of Bylaws 2.26−2.29.
Accuser: The party who accuses a member under the
provisions of Article XIII through the process of Bylaws
2.26−2.29
2004 Convention Proceedings

Conflict of interest: Representation of two opposing
interests. Carrying out the responsibility of ecclesiastical
supervision does not give rise to a conflict of interest.
Ecclesiastical supervision: See Bylaw 3.51 k.
Face-to-face: A face-to-face meeting, in person, between the accuser and the accused following the guidelines
of Matt. 18:15. E-mail, regular mail, fax, or telephone call
(or any combination thereof) does not satisfy this requirement. (Note: Failure to conduct a face-to-face meeting
within 30 days or within such extension as may be established by the involved ecclesiastical supervisors shall result
in dismissal if the fault lies with the accuser or movement
to the next stage if fault lies with the accused.)
Facts: Substantiated information of an alleged accusation.
Fails to act: No measures initiated within the required
period of time to ascertain the truth or falsity of the accusations, or the stifling of a complaint by the refusal to act.
Final Hearing Panel: Three District Presidents who,
when the decision of a Hearing Panel is appealed, shall be
selected according to these Bylaws to give a final hearing.
Formal proceedings: The proceedings that begin with
the suspension of a member.
Hearing Panel: Three District Presidents selected according to these Bylaws who hear the matter and render a
final decision unless appealed.
Investigation Committee: Any number of persons appointed by the ecclesiastical supervisor to thoroughly investigate to determine the facts in the matter prior to the
determination of whether or not to proceed.
May: As used in this bylaw the word “may” is permissive, expressing ability, liberty, or the possibility to act.
Own personal knowledge: A personal witness to the
alleged violation—not secondhand or hearsay information.
Party to the matter: A “party to the matter” is the accuser or the accused. Carrying out the responsibility of ecclesiastical supervision does not make the ecclesiastical supervisor a party to the matter, even if the accuser is the
ecclesiastical supervisor.
Persons involved: “Persons involved” includes the accuser or whoever brings the matter to the attention of the
ecclesiastical supervisor; also any party to whom the matter is presented and who is required to thoroughly investigate whether the allegations can be substantiated. Such
party would be any ecclesiastical supervisor involved in the
case, the accused, the Hearing Panel, the Final Hearing
Panel, a witness or advisor, or any other persons involved
in the matter.
Publicity: Any information or action, whether written,
oral, or visual, that brings a person, a cause, or an alleged
accusation to public notice, including information that results in public notice, whether or not the person or persons
delivering it gave approval to the bringing of the information to public notice.
Reconciliation Committee: A small committee appointed by the ecclesiastical supervisor prior to the determination whether or not to proceed, to assist in reconciliation efforts if the matter warrants it.
Referral Panel: A panel that may be formed of three
Circuit Counselors or three District Presidents, who shall