LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 167

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
be selected according to these Bylaws to determine according to the facts learned from the investigation whether or
not to proceed.
Shall: As used in this bylaw, the word “shall” is a word
of command that must always be given an imperative or
compulsory meaning.
Statement of the matter: A written concise statement
containing factual assertions involving the accusation with
the request for the expulsion from membership.
Witness: A person called to give testimony regarding
facts to a matter before a Hearing Panel or Final Hearing
Panel. A member of any reconciliation committee appointed
by any District President or the synodical President shall
not testify as a witness before a Hearing Panel or Final
Hearing Panel in the same matter or case.
a. When a member congregation or individual member
of the Synod is aware of information which could lead to
the expulsion of a member from the Synod under Article
XIII of the Constitution, prior to any formal written complaint or accusation the member shall consult with his or
her respective District President to seek advice and also so
that it can be determined whether this is the appropriate
bylaw procedure (Bylaw 2.26) or whether the matter falls
under Bylaws 2.27, 2.28, 2.29, 2.39, 6.47 or dispute resolution under Chapter VIII.
In regard to this consultation:
1. The District President shall inform the District President of the accused that a consultation is underway. He
may also seek advice from the Vice-Presidents of his own
District, from the District President of the accused, or from
the synodical President. The District President may also
ask an opinion of the Commission on Constitutional Matters (CCM) and/or the Commission on Theology and Church
Relations (CTCR). The District President must follow any
opinion received from either the CCM (Bylaw 3.905 d) or
the CTCR, which shall be rendered within 30 days or such
additional time as the District President may allow.
2. The District President shall require the accuser to follow the correct bylaw provision under the circumstance, if
any, and shall provide evangelical supervision, counsel, and
care to the persons involved.
3. If Bylaw 2.26 applies, the District President shall ensure that the accuser has carried out the guidelines of Matt.
18:15 face-to-face with the accused. Even if the alleged violation of Article XIII of the Constitution is considered to be
“public,” this provision of Matt. 18:15 shall be followed. The
reputation of all parties is to be protected as commanded
in the 8th Commandment.
4. In consultation with the District President of the accused, the District President of the accuser may appoint a
small committee to assist in reconciliation efforts. The goal
throughout is always one of admonition and reconciliation,
of repentance and forgiveness (even if the following proceedings result in expulsion from membership).
5. The synodical requirement of previous admonition
called for in Article XIII of the Constitution commences at
this stage if applicable.
6. Only after all the requirements of the consultation
provided in this bylaw (Bylaw 2.26 a 1−5) have been followed may the accuser bring the matter to the District

167

President of the accused for action under the correct bylaw
provision determined by the accuser’s District President
(Bylaw 2.26 a 2 above).
b. Under this bylaw (Bylaw 2.26), the District President
of the accused shall commence action when he becomes
aware of information or allegations that could lead to expulsion of a member from the Synod under the provisions of
Article XIII of the Constitution. The District President may
become aware of such information by his own personal
knowledge. Such information or allegations may also be
conveyed to him in a formal written complaint or accusation made by a member of the Synod who has carried out
the above provision (Bylaw 2.26 a). In commencing such action, the District President of the accused:
1. Shall determine whether the Bylaw 2.26 a provisions
have been carried out and shall thoroughly investigate the
matter to determine whether the facts learned from his investigation form a basis for expulsion of the member under
Article XIII of the Constitution. He may appoint a small investigation committee (cf. Bylaw 4.75);
2. Shall follow the guidelines of Matt. 18:15−16 as the
required admonition in Article XIII of the Constitution, if
applicable, continues to be carried out;
3. May, apart from the investigation, also appoint a
small committee to assist in reconciliation efforts (see
Bylaw 2.26 a 4 above).
In the event the District President is disqualified because he has a conflict of interest or is unable to act, the
next qualified District officer shall function in his place.
The President of the Synod, who is his ecclesiastical supervisor, shall determine any challenge to the eligibility of the
District President to act which is not agreed to by the District President.
c. In the determination whether or not to initiate formal
proceedings, the District President may form a Referral
Panel consisting of three Circuit Counselors of the District.
If three Circuit Counselors from the District are not available to serve by reason of conflict of interest or otherwise,
the District President may select a sufficient number from
other Districts to form the panel. This panel shall be
formed by blind draw and shall not include the Circuit
Counselor of the accused or the accuser. The blind draw
shall be administered by the District President and audited
by witnesses. After reviewing the accusation and the results of the investigation, the Referral Panel shall make the
determination whether or not to initiate formal proceedings. Whether made by the District President or Referral
Panel, if the determination is not to initiate formal proceedings, the District President shall, in writing, so inform
the accuser, any other District President involved, and the
involved member, which shall terminate the matter. If the
District President fails to act within 60 days after receipt
of the formal written complaint or accusation, the accuser
may present a formal written request to the District President for the forming of the Referral Panel, which request
the District President must grant. If the provisions of
Bylaw 2.26 b 1−3 have not been carried out, the Referral
Panel shall carry out these provisions in the process of
2004 Convention Proceedings