LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 182

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182

RESOLUTIONS

the Synod shall send the request for reconsideration appeal
to each panel member. Within 30 days after its formation,
Tthe Appeal Panel shall issue in writing its decision as to
the request for reconsideration. If a reconsideration an appeal is granted, the Secretary of the Synod or his representative shall within 21 days select a Review Panel in the prescribed manner. The Review Panel shall generally decide
the issue on the record without further formal hearing but
may follow the procedure used by a Dispute Resolution
Panel if deemed necessary.
E b. The final decision of the Review Panel shall
1. be binding upon the parties to that dispute and not be
subject to further appeal;
2. have no precedential value;
3. be carried out by the appropriate person, group, or
member of the Synod;
4. be publicized as deemed appropriate under the circumstances by the District or synodical President.
8.11 Congregation’s Right of Self-Government
The congregation’s right of self-government shall be recognized. However, when a decision of a congregation is at
issue, a Dispute Resolution Panel may review the decision
of the congregation according to the Holy Scriptures and
shall either uphold the action of the congregation or advise
the congregation to review and revise its decision. If the
congregation does not revise its decision, the other congregations of the Synod shall not be required to respect this
decision, and the District involved shall take action with
respect to the congregation as it may deem appropriate.
8.13 District Reconcilers
a. Within three months after the synodical conventions,
each District Board of Directors shall appoint a District roster
of four reconcilers, no more than two of whom shall be pastors, from a list supplied by the Circuit Counselors of the District. The term of service shall be six years, renewable once
without limit. They shall be people “of good reputation, full of
the Holy Spirit and wisdom” (Acts 6:3). Vacancies for an unexpired term shall be filled in the same manner by the District Board of Directors within 30 days following their occurrence. A District Board of Directors may add to the District
roster of reconcilers a reconciler who moves into the District
from the District where appointed.
b. One of the four shall be chosen by blind draw according to the procedures set forth in the Standard Operating
Procedures Manual (SOPM) by the Secretary of the District
to serve as reconciler in the following situations arising in
the District:
1. Procedural questions involved in excommunication
cases;
2. Cases in which a member of the Synod shall have
been removed from the position which that member holds
in a congregation which is a member of the Synod;
3. Cases in which a person, whether or not a member of
the Synod, is removed from the position which the member
holds in the District;
4. Cases involving differences between congregations
within the same District or between a congregation and its
District;
2004 Convention Proceedings

c. The members of the District roster of reconcilers of all
the Districts shall comprise the synodical roster of reconcilers. One member of the synodical roster of reconcilers
shall be chosen by blind draw according to the SOPM by
the Secretary of the Synod in all disputes except those (a)
enumerated in section b above, or (b) cases under Article
XIII of the Constitution, which shall follow the procedure
set forth in sections 2.27 2.26−2.29 of the Bylaws.
d. Limitations on holding multiple offices do not apply
to reconcilers.
e. If a reconciler moves from the District where appointed, such reconciler shall remain as a member of the
synodical roster of reconcilers until the term of service of
the reconciler expires.
f. If all of the District reconcilers are unavailable for a
particular matter, the Secretary of the District shall request that a reconciler from another District be chosen in
the prescribed manner by the Secretary of the adjacent District.
8.14 Hearing Facilitators
a. After the training of the reconcilers, the Secretary of
the Synod in consultation with the appropriate District
Presidents shall identify 25 of the reconcilers who exhibit
skills in the proper conduct of a fair and impartial hearing
to comprise the synodical roster of hearing facilitators, who
shall be trained for such service. The term of service shall
be six years, renewable without limit. Any vacancies for an
unexpired term shall be filled in the same manner as described above as needed and as requested by the Secretary
of the Synod.
b. Limitations on holding multiple offices do not apply
to hearing facilitators.
c. If a hearing facilitator moves from the District where
nominated, such hearing facilitator, if on the roster of hearing facilitators, shall remain as a member of the synodical
roster of hearing facilitators.
d. A hearing facilitator shall not serve as a reconciler or
as a voting member of a panel.
8.15 Dispute Resolution Panels
a. The synodical roster of reconcilers shall comprise the
list from which Dispute Resolution Panel voting members
will be selected.
b. Each Dispute Resolution Panel shall consist of three
voting persons, at least one of whom shall be a pastor and
one a layman, selected as follows:
1. Nine names shall be selected by a blind draw from the
dispute resolution roster.
2. No member of a panel shall be from the District in
which the dispute arose or, if it is a synodical question,
from any District in which a party holds membership.
3. The list shall be mailed simultaneously to each party,
who shall be entitled to strike three names and return the
list to the Secretary of the Synod within one week.
4. The Secretary of Synod will correct any problem in the
panel membership by a further blind draw for removals or
additions until the panel is constituted.
c. The panel shall elect a chairman and secretary.