LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 170

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170

RESOLUTIONS

the sole responsibility of the synodical President who has
the ecclesiastical supervision of such member (Constitution
Art. XI A and B 1). This Bylaw 2.27, among others, provides the procedures to carry out Article XIII of the Constitution, “Expulsion from the Synod.” However, this bylaw
does not provide the procedure for the expulsion of a congregation or individual member of the Synod (Bylaw 2.26),
the President of the Synod (Bylaw 2.28), or individual
members in cases involving sexual misconduct or criminal
behavior (Bylaw 2.29).
For a definition of terms used in this bylaw, see “Definition of
Terms” under Bylaw 2.26.

a. When a member congregation or individual member
of the Synod is aware of information which could lead to
the expulsion of a District President or an officer of the
Synod from the Synod’s membership under Article XIII of
the Constitution, prior to any formal written complaint or
accusation the member shall consult with the member’s
District President, or the synodical President if the member’s District President is the accused, to seek advice and
also so that it can be determined whether this is the appropriate bylaw procedure (Bylaw 2.27) or whether the matter
falls under Bylaws 2.26, 2.29, 2.39, or dispute resolution
under Chapter VIII.
In regard to this consultation:
1. If and when the accuser’s District President (if the
District President is not the one accused or if the accused is
an officer of the Synod) is the one consulted, the District
President shall consult with the synodical President.
Whether the synodical President is the one consulted directly by the accuser or by the District President, the synodical President may consult with the Vice-Presidents of
the Synod, with the District President of the accused (if an
officer of the Synod), with the chairman of the Council of
Presidents, or with the Commission on Theology and
Church Relations (CTCR). The synodical President may
also ask an opinion of the Commission on Constitutional
Matters (CCM). The synodical 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 synodical President may allow.
2. The District President or the synodical President shall
require the accuser to follow the correct bylaw provision
under the circumstance, and shall provide for evangelical
supervision, counsel, and care to the persons involved.
3. If this Bylaw 2.27 applies, the District President or
the synodical 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. The District President of the accuser or the synodical
President 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).
2004 Convention Proceedings

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 paragraphs a 1−5 of this bylaw have been followed may the accuser bring the matter to the synodical
President for action under the correct bylaw provision determined by the accuser’s District President (paragraph a 2
above).
b. Under this bylaw, the synodical President 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 synodical 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 2.27
a). In commencing such action, the synodical President:
1. Shall determine whether Bylaw 2.27 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). If the accused is a
District President, the investigation shall include consultation with that president’s District Board of Directors and
District Vice-Presidents. He may also consult with the Circuit Counselors of the given District;
2. Shall follow the guidelines of Matt. 18:15−16 as the
requirement of “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 2.27 a 4 above).
In the event the synodical President is disqualified because he has a conflict of interest or is unable to act, the
chairman of the Council of Presidents or the next qualified
officer of the Council of Presidents shall function in his
place in carrying out any of the following bylaw provisions.
The majority vote of the District Presidents of the Council
of Presidents, excluding the involved District Presidents,
shall determine any challenge to the eligibility of the synodical President to act which is not agreed to by the synodical President.
c. In the determination of whether or not to initiate formal proceedings, the synodical President may form a Referral Panel consisting of three District Presidents. This
panel shall be formed by blind draw, shall not include the
District President that is a party to the matter or the District President of an accused officer or the District President of the accuser, and the blind draw shall be administered by the chairman of the Council of Presidents 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 synodical President or the Referral Panel, if the determination is not to initiate formal
proceedings, the synodical President shall in writing so in-