LCMS Convention Workbook St. Louis, Missouri — 2004, Page 28

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28 SYNODICAL REPORTS

mine the facts in the matter prior to the determination of whether or
not to proceed.

May: As used in this Bylaw the word “may” is permissive, ex-
pressing ability, liberty, or the possibility to act.

“Own personal knowledge”: A personal witness to the alleged
violation—not second-hand or hearsay information.

“Parties Involved”: The Party who is the accuser or brings the
matter to the attention of the ecclesiastical supervisor; Any party
to whom the matter is presented and who is required to thoroughly
investigate whether the allegations can be substantiated. Such party
would be any ecclesiastical supervisor involved in the case; The
accused; The Hearing Panel; The Final Hearing Panel; A witness or
advisor or any others involved in the matter.

“Party to the Matter’: A “party to the matter” is the accuser
and the accused. Carrying out the responsibility of ecclesiastical
supervision does not make the ecclesiastical supervisor a party to
the matter even if the accuser is the ecclesiastical supervisor.

Publicity: Any information or action, whether written, oral or
visual, that brings a person, cause, or an alleged accusation to pub-
lic notice, including any and all persons who delivered such infor-
mation that results in public notice, whether or not the person or
persons contemplate or give approval to the bringing of the infor-
mation to public notice.

Reconciliation Committee: A small committee appointed by
the ecclesiastical supervisor prior to the determination whether or
not to proceed to assist in reconciliation efforts if the matter war-
rants it.

Referral Panel: A Panel that may be formed of three Circuit
Counselors or District Presidents, who shall be selected according
to these Bylaws, to determine, according to the facts learned from
the investigation, whether or not to proceed.

Shall: As used in this Bylaw the word “shall” is a word of com-
mand that must always be given an imperative or compulsory
meaning.

“Statement of the matter”: A written concise statement con-
taining factual assertions involving the accusation with the request
for the expulsion from membership.

Witness: A person called to give testimony regarding facts to a
matter before a Hearing Panel or Final Hearing Panel. A member of
any reconciliation committee appointed by any District President
or the Synod President shall not testify as a witness before a Hear-
ing Panel or Final Hearing Panel in the same matter or case.

a. When a member congregation or individual member of the
Synod is aware of information which could lead to the expulsion of
a member from the Synod under Article XII of the Constitution,
prior to any formal written complaint or accusation, the member
shall consult with his or her respective District President to seek
advice and also so that it can be determined whether this is the ap-
propriate Bylaw procedure (2.26) or whether the matter falls under
Bylaws 2.27, 2.28, 2.29, 2.39, 6.47, or dispute resolution under
Chapter VIII.

In regard 1o this consultation:

1. The District President shall inform the District President of
the accused that a consultation is underway. He may also seek ad-
vice from the Vice-Presidents of his own District, from the District
President of the accused, or from the Synod President. The District
President may also ask an opinion of the Commission on Constitu-
tional Matters and/or the Commission on Theology and Church Re-
lations. The District President must follow any opinion received
from either the CCM (Bylaw 3.905 d) or the CTCR, which shall
be rendered within 30 days or such additional time as the District
President may allow.

2. The District President shall require the accuser to follow the
correct Bylaw provision under the circumstance if any and provide
evangelical supervision, counsel, and care.

2004 Convention Workbook

3. If Bylaw 2.26 applies, the District President shall require of
the accuser to carry out the guidelines of Matthew 18:15, face-to-
face with the accused. Even if the alleged violation of Article XIII
is considered to be “public,” this provision of Matt. 18:15 shall be
followed. The reputation of all parties is to be protected as com-
manded in the 8th commandment.

4. In consultation with the District President of the accused, the
District President of the accuser may appoint a small committee to
assist in reconciliation efforts. The goal throughout is always one of
admonition and reconciliation, of repentance and forgiveness, even
if the following proceedings result in expulsion from membership.

5. The Synodical requirement of previous admonition called for
in Article XII commences at this stage if applicable.

6. Only after all the requirements of the consultation provided in
this Bylaw (2.26 a 1-5) have been followed, may the accuser bring
the matter to the District President of the accused for action under
the correct Bylaw provision determined by the accuser’s District
President (a 2 above).

b. Under this Bylaw (2.26), the District President of the accused
shall commence action when he becomes aware of information or
allegations that could lead to expulsion of a member from the
Synod under the provisions of Article XIII of the Constitution. The
District President may become aware of such information by his
own personal knowledge. Such information or allegations may also
be conveyed to him in a formal written complaint or accusation
made by a member of the Synod who has carried out the above pro-
vision (2.26.a.). In commencing such action, the District President
of the accused:

1. Shall determine whether Bylaw 2.26 a provisions have been
carried out and shall thoroughly investigate the matter to determine
whether the facts learned from his investigation form a basis for
expulsion of the member under Article XIII of the Constitution. He
may appoint a small investigation committee (Cf. Bylaw 4.75).

2. Shall follow the guidelines of Matthew 18:15-16 as the re-
quired admonition in Article XIII of the Constitution, if applica-
ble, continues to be carried out.

3. May, apart from the investigation, also appoint a small com-
mittee to assist in reconciliation efforts (See 2.26 a 4 above).

In the event the District President is disqualified because he has
a conflict of interest, or is unable to act, the next qualified District
officer shall function in his place. The President of the Synod, who
is his ecclesiastical supervisor, shall determine any challenge to the
eligibility of the District President to act, which is not agreed to by
the District President.

c. In the determination whether or not to initiate formal pro-
ceedings, the District President may form a Referral Panel consist-
ing of three Circuit Counselors of the District. 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 pro-
ceedings. Whether made by the District President or Referral Panel,
if the determination is not to initiate formal proceedings, the Dis-
trict President shall in writing so inform the accuser, any other Dis-
trict President involved, and the involved member, which shall ter-
minate 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 Presi-
dent for the forming of the Referral Panel which request the District
President must grant. If Bylaw provisions 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.

d. If the District President or the Referral Panel concludes that
the facts form a basis for expulsion of the member under Article