LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 168

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168

RESOLUTIONS

making its determination whether or not to initiate formal
proceedings.
d. If the District President or the Referral Panel concludes that the facts form a basis for expulsion of the member under Article XIII of the Constitution, the District President in commencing the formal proceedings shall:
1. provide to the member a written notification of the
member’s suspended status under Bylaw 2.25;
2. provide to the member a written statement of the
matter which sets forth the facts and states that he is requesting expulsion of the member from the Synod in accord
with Article XIII of the Constitution;
3. provide to the member a written notification that the
member has 15 days from the date of receipt of the statement of the matter to advise his District President that
there is a desire to have the matter heard and resolved.
Failure by the member to file such written request for hearing and resolution within the 15-day period shall be
deemed to be consent to expulsion from membership in the
Synod.
e. If the request for a hearing (Bylaw 2.26 d 3 above) is
made, the President of the District (the District President
of the suspended/accused member) shall inform the chairman of the Council of Presidents who shall form a Hearing
Panel of District Presidents within 30 days of the request in
accordance with the provisions in this bylaw. At that time,
the District President shall forward to the chairman of the
Council of Presidents the statement of the matter and a
written memorandum describing the manner in which
there was compliance with the mandate of Matt. 18:15–16,
“previous futile admonition” (Constitution Art. XIII), as
well as all of the provisions of Bylaw 2.26 a−d.
1. A Hearing Panel consisting of three District Presidents selected as follows but excluding the involved District
Presidents shall conduct the hearing:
a) One District President selected by the accused;
b) One District President selected by the District President who imposed the suspended status (a District President may not choose himself);
c) A third District President selected by the other two
Hearing Panel members. If the two Hearing Panel members cannot agree on the third Hearing Panel member, then
such third member shall be chosen by blind draw from
among the remaining District Presidents, excluding any involved District President, with the blind draw administered
by the chairman of the Council of Presidents and audited
by witnesses.
2. Upon receipt of a request for a hearing, the chairman
of the Council of Presidents shall promptly notify the accused and the District President who imposed the suspended status of their respective right to choose one Hearing Panel member and direct that the identity of their
selection be transmitted to the chairman of the Council of
Presidents within 15 days from the date of such notice. If
either party declines to make a selection within 15 days,
the chairman of the Council of Presidents shall then make
such selection within five days.
3. When two Hearing Panel members have so been chosen, the chairman of the Council of Presidents shall
promptly notify them of their selection to the Hearing
2004 Convention Proceedings

Panel and direct that they select the third member of the
Hearing Panel within 10 days and notify the chairman of
the Council of Presidents of their selection.
4. Within 15 days after the Hearing Panel is constituted,
it shall select one of its members as chairman, who shall
then, after conferring with the accused and the District
President who imposed the suspended status, select a date
and location within 45 days after the Hearing Panel is constituted to determine when and where the Hearing Panel
will consider the matter.
5. The chairman of the Council of Presidents shall forward to the Hearing Panel the statement of the matter together with the written memorandum describing the manner in which there was compliance with the mandate of
Matt. 18:15–16, “previous futile admonition” (Constitution
Art. XIII), as well as all of the provisions of Bylaw 2.26 a–d.
6. The Hearing Panel and all involved persons shall follow these guidelines:
a) Holy Scripture, the Lutheran Confessions, and the
Constitution and Bylaws of the Synod shall govern the
panel in all its actions.
b) The hearing before the panel shall be private, attended only by the persons involved and the witnesses who
can substantiate the facts relevant to the matter. The only
exception is stated under paragraph h below.
c) The panel shall establish the procedure to be followed
in the hearing and the relevancy of the evidence so that
each party involved shall be given an opportunity fully to
present its respective position.
d) Any member of the Synod, officer of a congregation,
or officer of any organization owned or controlled by the
Synod shall, when called upon by the panel to do so, testify
or produce records related to the matter.
e) Each party to the matter shall assume its own expenses. The expenses of the panel shall be borne by the District or Synod.
f) No party to the matter nor anyone on the party’s behalf shall communicate either directly or indirectly with the
panel or any member of the panel without the full knowledge of the other party to the matter.
g) While the matter 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 persons involved during any part of the procedures outlined in this bylaw. However, at his discretion and as the needs dictate in order to
“promote and maintain unity of doctrine and practice”
(Constitution Art. XI B 3) and in order to provide counsel,
care, and protection for all the members of the Synod (Article III 8, 9), the synodical President or the District President in consultation with the synodical President, as the
case may be, may properly advise or inform the involved
congregation(s) and/or the District or Synod.
h) Any party to the matter may seek, at its own personal
expense, the assistance of individuals familiar with the issues involved in the matter. They may actively participate
in research and the preparation of necessary documents. At
the hearing, however, each party involved may have an adviser present but must represent itself, with no public participation by the adviser.