LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 169

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
i) The panel shall determine the number of witnesses
necessary for a full and complete understanding of the facts
involved in the matter. It shall question persons involved
and witnesses directly and may also permit the persons involved to do so (cf. paragraph h above).
j) All panel records in which the panel has rendered a
final decision shall be placed in the custody of Concordia
Historical Institute. All such records shall be sealed and
shall be opened only for good cause shown and only after a
panel of three District Presidents, selected by blind draw
for that purpose by the chairman of the Council of Presidents and audited by witnesses, has granted permission.
k) If any part of the dispute involves a specific question
of doctrine or doctrinal application, each party shall have
the right to an opinion from the Commission on Theology
and Church Relations (CTCR). If it involves questions of
Constitution or Bylaw interpretation, each party shall have
a right to an interpretation from the Commission on Constitutional Matters (CCM). The request for an opinion must
be made through the panel, which shall determine the
wording of the question(s). The request for an opinion must
be made within 30 days of the final formation of the panel.
If a party does not request such an opinion within the designated time, such a request may still be made to the panel,
which shall, at its discretion, determine whether the request shall be forwarded. The panel shall also have the
right, at any time, to request an opinion from the CCM or
the CTCR. Any opinion so requested shall be rendered
within 30 days or such greater time as the panel may allow.
When an opinion has been requested, the time limitations
will not apply until the parties have received the opinion.
The panel must follow any opinion received from either the
CCM (Bylaw 3.905 d) or the CTCR.
f. Upon completion of the hearing, the Hearing Panel
shall deliberate and then issue its written decision within
30 days, a copy of which shall be mailed to the accused, the
District President who imposed the suspension, the accuser
and his District President, the chairman of the Council of
Presidents, and the synodical President. The decision of the
Hearing Panel shall have no precedential value and shall
be final and binding, subject to appeal by the accused or the
synodical President as set forth in paragraph g below. If not
appealed, the decision shall be carried out by the District
President or synodical President and be publicized as
deemed appropriate under the circumstances by the District or synodical President.
g. Within 15 days after receiving the decision of the
panel, the accused or the President of the Synod if a question of doctrine or practice is involved (Constitution Art. XI
B 1–3) may request a final hearing. The synodical President may also request that an opinion of the Commission
on Constitutional Matters (CCM) or Commission on Theology and Church Relations (CTCR) be obtained. Any opinion so requested shall be rendered within 30 days or such
greater time as the panel may allow. When an opinion has
been requested, the time limitations will not apply until the
parties have received the opinion. The panel must follow
any opinion received from either the CCM (Bylaw 3.905 d)
or the CTCR. Such request for a final hearing shall be submitted to the chairman of the Council of Presidents with

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copies supplied to the District President of the accuser and
the accused, the chairman of the Hearing Panel, the accuser, and the synodical President, and shall be accompanied by a written memorandum stating the basis for the request. Within 30 days after receipt, a Final Hearing Panel
shall be selected and constituted in the same prescribed
manner as described in Bylaw 2.26 e 1−4, except that the
three District Presidents that constituted the Hearing
Panel and the involved District Presidents are omitted from
consideration for the Final Hearing Panel. The procedures
for the final hearing shall be the same as prescribed in
Bylaw 2.26 e 4−6. The chairman of the Hearing Panel shall
provide the Final Hearing Panel with a written statement
of the matter and the Hearing Panel’s report, minutes,
records, and proceedings.
h. Upon completion of the hearing by the Final Hearing
Panel, the panel shall deliberate and then issue its written
decision within 30 days, a copy of which shall be mailed to
the accused, the District President that imposed the suspension, the accuser and his District President, the chairman of the Council of Presidents, and the synodical President. The final decision of the Final Hearing Panel shall:
1. be binding upon the parties and not be subject to further appeal;
2. have no precedential value;
3. be carried out by the District President or the President of the Synod;
4. be publicized as deemed appropriate under the circumstances by the District or synodical President.
i. The District President of the accused/suspended member and the District President of the accuser shall take
those steps necessary to attend to the spiritual needs of all
those affected and shall continue efforts to resolve those
matters which led to the commencement of the formal action against the accused member.
j. If the matter involves individual membership, the calling or contracting body is encouraged to continue financial
support, existing housing, and insurance of individual
members until the final decision is rendered.
k. Any member participating in this bylaw procedure
that violates any of the requirements or procedures in this
bylaw or is persistent in false accusations is subject to the
same disciplinary measures as set forth in this bylaw. Violations of the prohibition against publicity while a matter is
still undecided or while an appeal is contemplated or pending (paragraph e 6 g above) by any of the persons involved
are specifically included as violations subject to the same
disciplinary measures set forth in this bylaw.
l. In consultation with the Secretary of the Synod and
with the concurrence of the Council of Presidents, the Commission on Constitutional Matters shall develop and amend
as necessary a Standard Operating Procedures Manual
which will serve as a comprehensive procedures manual for
the provisions set forth in Bylaw 2.26.
2.27 Expulsion of a District President or Officer
of the Synod from Synodical Membership
The action to commence expulsion of a District President
or an officer of the Synod from membership in the Synod is
2004 Convention Proceedings