LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 176

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176

RESOLUTIONS

the District President may select a sufficient number from
other Districts in order to form the panel. This panel shall
be formed by blind draw, shall not include the Circuit
Counselor of the accused or the accuser, and the blind draw
shall be administered by the District President 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 District President or the Referral
Panel, if the determination is not to initiate formal proceedings, the District President shall in writing so inform
the accuser, any other District President involved, and the
involved member, which shall terminate the matter. If the
District 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 District President for the forming of the Referral Panel, which request
the District President must grant. If the provisions of
Bylaw 2.26 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.
In the event that the accused is a District President, an
officer of the Synod, or the synodical President, the Referral
Panel shall consist of three District Presidents selected by a
blind draw administered by the chairman of the Council of
Presidents and audited by witnesses. Such panel, which
shall exclude any involved District President, shall function as set forth in the above paragraph.
d. If the District President or the synodical President or
the chairman of the Council of Presidents or the Referral
Panel, whichever the case may be, concludes that the facts
form a basis for expulsion of the member under Article XIII
of the Constitution, the appropriate ecclesiastical supervisor in commencing the formal proceedings shall:
1. provide the member a written notification of the member’s suspended status under Bylaw 2.25;
2. provide 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 the member with a written notification that
the member has 15 days from the date of receipt of the
statement of the matter to advise his ecclesiastical supervisor 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 ecclesiastical supervisor shall inform the chairman of the Council of Presidents who shall form a Hearing
Panel of District Presidents within 30 days of the request in
accordance with the provisions in this bylaw. At that time,
the ecclesiastical supervisor 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 provisions of Bylaw
2.29 a−d.
2004 Convention Proceedings

1. A Hearing Panel consisting of three District Presidents, excluding the involved District Presidents, selected
as follows shall conduct the hearing:
a) One District President selected by the accused;
b) One District President selected by the ecclesiastical
supervisor who imposed the suspended status (a District
President may not choose himself);
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 hearing, the chairman
of the Council of Presidents shall promptly notify the accused and the involved ecclesiastical supervisor 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 such 15-day period, the chairman
of the Council of Presidents shall then make such selection
within five 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 involved ecclesiastical supervisor, select a date within 45 days after
the Hearing Panel is constituted and select a location 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 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 a−j.
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
involved District President, the accuser and the ecclesiastical supervisor who initially served as consultant to the accuser, 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. The decision shall
be carried out by the District President or synodical President and publicized as deemed appropriate under the circumstances by the District or synodical President if not appealed by the accused.