LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 171

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ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
form the accuser, any other District President involved, and
the involved member, which shall terminate the matter. If
the synodical 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 synodical
President for the forming of the Referral Panel, which request the synodical President must grant. If the provisions
set forth in Bylaw 2.27 b 1−3 have not been carried out, the
Referral Panel shall carry out these provisions in the
process of making its determination whether or not to initiate formal proceedings.
d. If the synodical President or the Referral Panel concludes that the facts form a basis for expulsion of the member under Article XIII of the Constitution, the synodical
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 the synodical 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 hearing (paragraph d 3 above) is
made, the President of the Synod shall inform the chairman of the Council of Presidents who shall form a Hearing
Panel of District Presidents within thirty (30) days of the
request in accordance with the provisions in this bylaw. At
that time, the synodical 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 and “previous futile admonition” (Constitution
Art. XIII), as well as all of the provisions of Bylaw 2.27 a–d.
1. A Hearing Panel consisting of three District Presidents selected as follows, excluding the involved District
Presidents, shall conduct the hearing:
a) One District President selected by the accused (a District President, if he is the accused, may not choose himself);
b) One District President selected by the synodical President;
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 with the blind
draw administered by the chairman of the Council of Presidents and audited by witnesses;
d) If a Referral Panel was formed, the three District
Presidents that served in that capacity are not eligible to
serve on a Hearing Panel.

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2. Upon receipt of a request for hearing, the chairman
of the Council of Presidents shall promptly notify the accused and the synodical President 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 5 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
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 synodical
President, select a date and location within 45 days after
the 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 and “previous futile admonition” (Constitution Art. XIII), as well as all of the provisions of Bylaw 2.27
a−d.
6. The Hearing Panel and all parties shall follow the
guidelines as set forth in Bylaw 2.26 e 6 a−f and h–l and
the following:
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 with one
exception. Due to the fact that this bylaw procedure deals
with a District President or an officer of the Synod, which
necessarily means that the case will most likely have a high
public exposure, as the ecclesiastical supervisor the synodical President, at his discretion, may carry out his duties to
properly advise the Synod 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 of the members of the Synod
(Constitution Art. III 8, 9).
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 District President or officer, the synodical President, the accuser and his District President, and the chairman of the
Council of Presidents. The decision of the Hearing Panel
shall have no precedential value and shall be final and
binding subject to appeal by the accused or by the synodical
President. The decision shall be carried out by the synodical President and be publicized as deemed appropriate
under the circumstances by the synodical President if not
appealed by the accused or by the synodical President.
g. Within 15 days after receiving the decision of the
panel, the accused, or the President of the Synod if a ques2004 Convention Proceedings