LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 174

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174

RESOLUTIONS

and any District President that is party to the matter, shall
conduct the hearing. The Panel shall be selected as follows:
a) One District President selected by the synodical President;
b) One District President selected by the vice-chairman
of the Council of Presidents;
c) The 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.
2. Upon receipt of a request for the hearing from the
synodical President, the secretary of the Council of Presidents shall promptly notify the accused and the vice-chairman of the Council of Presidents of their respective right to
choose one Hearing Panel member and direct that the identity of their selection be transmitted to the secretary 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 secretary of the Council of Presidents shall
then make such selection within five days by blind draw,
audited by witnesses.
3. When two Hearing Panel members have so been chosen, the secretary 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 secretary 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, the synodical President, and the chairman of the Council of Presidents, select
a date and location within 45 days after the panel is constituted 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” (Article
XIII) as well as all provisions of Bylaw 2.29 a−d.
6. The Hearing Panel and all parties shall follow the
guidelines as set forth in Bylaw 2.26 e 6 with the exception
of paragraph 6 g and instead shall follow this guideline in
its place:
While the matter is still undecided or while a request for
a final hearing 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 the synodical President, which
necessarily means that the case will most likely have a
broad public exposure, the chairman of the Council of Presidents, at his discretion and in consultation and concurrence with the Council of Presidents, may carry out actions
to advise the Synod as the needs dictate in order to “promote and maintain unity of doctrine and practice” (Article
XI B 3) and in order to provide counsel, care, and protec2004 Convention Proceedings

tion for all 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 recommendation to the
District Presidents within 30 days, a copy of which shall be
mailed to the accused synodical President, the chairman of
the Council of Presidents, and the accuser. Prior to acting
upon the recommendation of the Hearing Panel and if requested within 15 days by the accused synodical President,
the District Presidents shall grant a final hearing within
45 days of the request for the final hearing before the full
Council of Presidents. The guidelines for this final hearing
shall be the same as prescribed in Bylaw 2.28 e 6. As also
provided for in the provision, the President of the Synod
and/or the District Presidents 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 District
Presidents 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.
g.
1. In acting upon the report and/or recommendation, if
any (a report may be given without an accompanying recommendation), of the Hearing Panel, an affirmative vote
by written ballot of at least 75 percent of the total number
of District Presidents of the Council of Presidents (the collective ecclesiastical supervisors elected by the Districts)
shall be required to submit the matter to the member congregations of the Synod for a written vote in order to terminate the membership of the synodical President. If the
vote is not the required 75 percent of the total number of
District Presidents, the chairman of the Council of Presidents shall so inform the accuser and the synodical President, which shall terminate the matter.
2. Prior to submitting the matter to the congregations of
the Synod, the Council of Presidents shall provide and send
full and complete information regarding the matter including such written responses as the President of Synod may
wish to make to the member congregations of the Synod.
This information shall also be published in an official periodical of the Synod. At least one-fourth of the member congregations are required to register their vote within 45 days
of when the matter was submitted to the member congregations of the Synod and also a majority vote of those
congregations voting is required for the termination of
membership of the synodical President.
h.
1. If the decision of the District Presidents is not to submit the matter to the member congregations for the expulsion of the synodical President, this shall terminate the
matter and the suspended status shall be considered removed immediately upon the vote of the District Presidents. If the matter is submitted to the member congregations and the decision by the member congregations is not