LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 172

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172

RESOLUTIONS

tion 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
copies supplied to the District President of the accuser and
the accused (depending upon whether it is a District President or an officer of Synod that is 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 in the
same prescribed manner as described in Bylaw 2.27 e 1−4
except that the three District Presidents that constituted
the Hearing Panel and the three District Presidents that
constituted a Referral Panel or any other involved District
President are omitted from consideration for the Final
Hearing Panel. The procedures for the final hearing shall
be the same as prescribed in Bylaw 2.27 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 of 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, any involved District President, the accuser,
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 President of the Synod;
4. be publicized as deemed appropriate under the circumstances by the synodical President.
i. The synodical President shall take those steps necessary to assure that the spiritual needs of the respective
members (accuser and accused) are attended to and shall
continue efforts to resolve those matters which led to the
commencement of the formal action against the accused
member.
j. Since this 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 Bylaw 2.26 or
this Bylaw 2.27. Violations of the prohibition against publicity while a matter is still undecided or while an appeal
is contemplated or pending (paragraph e 6 above) by any of
2004 Convention Proceedings

the persons involved are specifically included as violations
subject to the same disciplinary measures set forth in this
bylaw or Bylaw 2.26.
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 2.27.
2.28 Expulsion of a Synodical President
from Membership in the Synod
The action to commence expulsion of a synodical President from membership in the Synod is the responsibility of
the District Presidents of the Council of Presidents, who
collectively comprise the ecclesiastical supervisors of all the
respective Districts of the Synod. This responsibility does
not make the District Presidents collectively or individually the ecclesiastical supervisor(s) of the synodical President. The Synod in convention reserves that right to itself
alone. This bylaw, among others, provides the procedures
to carry out Article XIII of the Constitution, “Expulsion
from the Synod.” While the Council of Presidents commences and facilitates the process of expulsion on behalf of
the congregations of the Synod, this bylaw allows only the
congregations of the Synod to expel a synodical President.
This bylaw does not provide the procedure for the expulsion
of a District President or an officer of the Synod (Bylaw
2.27), an individual member in cases involving sexual misconduct or criminal behavior (Bylaw 2.29), or a congregation or individual member from the Synod (Bylaw 2.26).
For a definition of terms used in this bylaw, see the “Definition
of Terms” under Bylaw 2.26

a. When a District President of the Synod is aware of information which could lead to the expulsion of the synodical
President from the Synod under Article XIII of the Constitution, prior to any formal written complaint or accusation,
the District President shall consult with the Council of
Presidents to seek advice and also so that it can be determined whether this is the appropriate bylaw procedure
(2.28) or whether the matter falls under Bylaws 2.29, 2.39,
or dispute resolution under Chapter VIII.
In regard to this consultation:
1. The Council of Presidents, by 51 percent of the votes
of the District Presidents, may ask an opinion of the Commission on Constitutional Matters (CCM) and/or the Commission on Theology and Church Relations (CTCR) and
must follow any opinion received from either, which shall
be rendered within 30 days or such additional time as the
District Presidents may allow.
2. By 51 percent of the votes of the District Presidents,
the Council of Presidents shall require the accuser District
President to follow the correct bylaw provision under the
circumstance, if any, and shall provide for evangelical supervision, counsel, and care to the persons involved.
3. If the Council of Presidents, by 51 percent of the votes
of the District Presidents, determines that Bylaw 2.28 applies, then the Council of Presidents shall ensure that the
accuser has carried out the guidelines of Matt. 18:15 face-