LCMS Convention Workbook St. Louis, Missouri — 2004, Page 27

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SYNODICAL REPORTS 27

exercise supervision brings to them information regarding a
possible dispute or which could lead to another member’s
expulsion of membership from the Synod. In other words, an
accuser must bring allegations to the accuser’s ecclesiastical
supervisor for consultation to determine the appropriate Bylaw
to use and the accuser must follow the advised Bylaw and not
another.

4. Charges which could lead to the expulsion of a member from
Synod can only be brought by those who have supervisory
responsibilities for that member (i.e., the accused’s supervisor
only initiates formal proceedings against the accused, with the
exception set forth in C.4 below).

5. Decisions regarding possible expulsion of membership or
disputes should be handled as close as possible to the problem
(i.e., within a District rather than across the Synod).

6. To provide protection for congregations, individual members,
and other church workers, and their rights, to provide
protection for administrators of these processes in the
performance of their duties (Constitution Article III, 9), and to
protect the impartiality of the processes for dispute resolution
(Chapter VIII) and expulsion of membership (Chapter II), the
administration of these processes should be kept above repute.

7. A Board of Regent’s supervision of a faculty member under
Chapter VI is not ecclesiastical supervision of a member of the
Synod under Chapter II; therefore, removal from office of a
faculty member under Chapter VI does not terminate that faculty
member’s membership in the Synod (a Chapter II matter).

B. Principles Applicable to Bylaw Chapters II, VI, and VIII.

. The Bylaws are to be as fair as possible regardless who applies

them or to whom they are applied.

2. The 8th Commandment always applies.

3. Determine when and where Matthew 18 procedures apply,
which is almost always, repeatedly and primarily for the
purposes of restoration (Gospel) not expulsion (Law).

4. The proper and consistent understanding of Synod’s doctrine
and application of doctrine, as well as the proper interpretation
of Synod’s Constitution and Bylaws should be promoted.
Therefore, at numerous times in these processes availability of
seeking opinions from the Commission on Theology and
Church Relations and the Commission on Constitutional
Matters should be provided. The opinions of both the CTCR
and the CCM must be followed in all cases.

5. There is to be no publicity to issues while a matter is in dispute
or while an appeal is contemplated or pending. Violations of
the publicity rule (like other violations of the procedures of
these Bylaws, including persistent false accusations) are
subject to the same disciplinary measures as set forth in these
Bylaws.

6. Uniformity of procedures will aid in the fairness and
impartiality of these processes, providing protection for all
involved. A Standard Operating Procedures Manual for
Chapters II and ‘VIII should be authorized by the Bylaws,
developed, and updated as needed.

7. With the exception of cases involving sexual misconduct or
criminal behavior (2.29) and excommunication (8.13 b),
participation in the processes of ecclesiastical supervision and
dispute resolution is limited to members of Synod.

8. Each case is to be considered de novo, on its own merits, and

decisions made in a case shall have no precedential value.

—

C. Bylaw Chapter II Principles.

1. Clearly separate cases under Chapters II, VI, and VIII of the
Bylaws.

2. In Chapter II expulsion of membership cases, separate sexual
misconduct, and other criminal behavior actions (2.29) from
other Article XIII actions (2.26—2.28).

3. Separate Chapter IT Bylaws for expulsion of membership of
congregation or individual members (2.26) from expulsion of
membership of a District President or officer of Synod (2.27)
from expulsion of membership of a Synod President (2.28).

4. The Constitution and Bylaws determine that the Synod
President shall be held to account by the Synod. A method for

expulsion of a Synod President from membership, apart from
Synod convention action, should be determined, but should be
done only in clear cases. Therefore an affirmative vote of at
least 75 percent of the District Presidents should be required to
submit the matter to the member congregations of the Synod
for a written vote for the expulsion of the membership of the
Synod President.

5. Provide a definition of terms used in Chapter II cases as is done
in Chapter VIII cases.

D. Chapter II Principles Evangelically Applied.

1. Care is taken to protect the integrity and reputation of both the
accuser and the accused.

2. The accused has the right to appeal a finding of “guilt” while
the accuser does not have the right to appeal a finding of “not
guilty.”

3. Keep the process moving toward a conclusion as quickly as
possible while preserving adequate time for fairness and
justice.

4. As with Chapter VIII cases, attempt to avoid the adversarial
system practiced in our society.

5. As with Chapter VIII cases, minimize expenses for all involved
(good stewardship).

6. Determine the definite point at which “formal proceedings”
commence in a case that may conclude in the expulsion of a
member from Synodical membership.

BYLAW 2.26 PROPOSED
2.26 Expulsion of Congregational or Individual Membership
from the Synod

The action to commence expulsion of congregational or indi-
vidual membership from the Synod is the sole responsibility of the
District President who has the ecclesiastical supervision of such
member. This Bylaw, among others, provides the procedures to
carry out Article XIII of the Constitution, “Expulsion from the
Synod.” However, it does not provide the procedure for the expul-
sion of the District Presidents and the officers of the Synod (Bylaw
2.27), the President of the Synod (Bylaw 2.28), or individual mem-
bers in cases involving sexual misconduct or criminal behavior
(Bylaw 2.29).

Definition of terms used in this Bylaw:

Accused: The party named by the accuser as being in violation
of Article XIII and is under the procedural ecclesiastical supervi-
sion of Bylaws 2.26-2.29.

Accuser: The party who accuses a member under the provi-
sions of Article XIII through the process of Bylaws 2.26-2.29.

“Conflict of Interest”: Representation of two opposing inter-
ests. Carrying out the responsibility of ecclesiastical supervision
does not give rise to a conflict of interest.

Ecclesiastical supervision: See Bylaw 3.51 k.

“Face-to-Face”: A face-to-face meeting, in person, between
the accuser and the accused following the guidelines of Matt.
18:15. E-mail, regular mail, fax, or telephone call (or any combi-
nation thereof) does not satisfy this requirement.

Facts: Substantiated information of an alleged accusation.

“Fails to Act”: No measures initiated within the required pe-
riod of time to ascertain the truth or falsity of the accusations or
the stifling of a complaint by the refusal to act.

Final Hearing Panel: Three District Presidents who, when the
decision of the Hearing Panel is appealed, shall be selected ac-
cording to these Bylaws to give a final hearing.

Formal] Proceedings: The proceedings that begin with the sus-
pension of a member. .

Hearing Panel: Three District Presidents, selected according
to these Bylaws, who hear the matter and render a final decision
(unless appealed).

Investigation Committee: Any number of persons appointed
by the ecclesiastical supervisor to thoroughly investigate to deter-

2004 Convention Workbook