LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 184

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184

RESOLUTIONS

mediately in accordance with the Bylaws and the matter
reheard.
c. The hearing facilitator shall serve as an advisor to the
panel on the form but not the substance of the decision.
8.21 Rules of Procedure
a. Reconcilers, Dispute Resolution Panels, Appeal Panels, and Review Panels shall be governed in all their actions
by Holy Scripture, the Lutheran Confessions, and the Constitution and Bylaws of the Synod.
b. In the interest of promoting the reconciliation process,
any member of the Synod, officer of a congregation, or officer of any organization owned or controlled by the Synod
shall, when called upon by the Dispute Resolution Panel,
Appeal Panel, or Review Panel to do so, testify or produce
records related to the dispute.
c. Each party and/or parties to a dispute shall assume
its own expenses. The expenses of reconcilers, Dispute Resolution Panels, Appeal Panels, and Review Panels shall be
borne by the Synod except for those which arise under
Bylaw 8.13 b, which shall be borne by the District.
d. No party and/or parties to a dispute, nor anyone on
the party’s behalf, shall either directly or indirectly communicate with the reconciler, the hearing facilitator, or any
member of the Dispute Resolution Panel, Appeal Panel, or
Review Panel without the full knowledge of the other party
to the dispute.
e. While a matter in dispute 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 parties
involved. 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. However, at his discretion and 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 protection for all the members of the Synod (Article III 8, 9), the synodical President or the District President in consultation with the synodical President, as the
case may be, may properly advise or inform the involved
congregation(s) and/or the District or Synod as to the status
of the process.
f. Any party and/or parties may seek, at its own personal
expense, the assistance of individuals familiar with the issues involved in the dispute. They may actively participate
in research and the preparation of necessary documents. At
the hearing, however, each party may have an adviser present but must represent itself, with no public participation
by the adviser. Any reconciler or hearing facilitator shall
not serve as an adviser. If a party and/or parties is a board
or commission of the Synod or its Districts, it shall be represented by its chairman or designated member.
g. A Dispute Resolution Panel, Appeal Panel, or Review
Panel shall determine the number of witnesses necessary
for a full and complete understanding of the facts involved
in the dispute. It shall question parties and witnesses directly and may also permit the parties to do so.
h. All Dispute Resolution Panel, Appeal Panel, or Review Panel records of disputes in which a final decision has
2004 Convention Proceedings

been rendered by the Dispute Resolution Panel, Appeal
Panel, or Review Panel shall be placed in the custody of
Concordia Historical Institute. All such records shall be
sealed and shall be opened only for good cause shown and
only after permission has been granted by a Dispute Resolution Panel, selected by blind draw for that purpose.
i. If any part of the dispute involves a specific question of
doctrine or doctrinal application, each party shall have the
right to an opinion from the Commission on Theology and
Church Relations. If it involves questions of Constitution
or Bylaw interpretation, each party shall have a right to an
interpretation from the Commission on Constitutional Matters. The request for an opinion must be made through the
Dispute Resolution Panel or Review Panel, which shall determine the wording of the question(s). The request for an
opinion must be made within four weeks of the final formation of the Dispute Resolution Panel or Review Panel. If
a party does not request such an opinion within the designated time, such a request may still be made to the Dispute
Resolution Panel or Review Panel which shall, at its discretion, determine whether the request shall be forwarded.
The Dispute Resolution Panel or Review Panel shall also
have the right, at any time, to request an opinion from the
Commission on Theology and Church Relations or the Commission on Constitutional Matters. Any opinion so requested shall be rendered within 30 days or such greater
time as the Dispute Resolution Panel may allow. When an
opinion has been requested, the time limitations will not
apply until the opinion has been received by the parties.
Any opinion received from the Commission on Theology
and Church Relations and the Commission on Constitutional Matters must be followed by the Dispute Resolution
Panel or Review Panel (Bylaw 3.905 d).
j. Any member participating in this bylaw procedure
who intentionally and materially violates any of the requirements or procedures in this bylaw or is persistent in
false accusations is subject to the disciplinary measures as
set forth in the appropriate Bylaws 2.26−2.28. Any member of the Synod who has personal factual knowledge of the
violation shall inform the appropriate District President as
the ecclesiastical supervisor. Violations of the prohibition
against publicity while a matter is still undecided or while
an appeal is contemplated or pending (Bylaw 8.21 e above)
by any of the persons involved are specifically included as
violations subject to the same disciplinary measures set
forth in the Bylaws.
k. In consultation with the Secretary of the Synod and
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 Chapter VIII,
Synodical Dispute Resolution;
therefore be it
Resolved, That the proposed Bylaw changes be adopted.
Action: Adopted (5)
(After the lengthy introduction to the subject matter, as provided prior to the resolution above, the committee called attention to several changes to several parts of the resolution and then
introduced it for consideration. During discussion, a motion to
refer the matter to the Commission on Structure was offered.