LCMS Convention Workbook St. Louis, Missouri — 2004, Page 29

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SYNODICAL REPORTS 29

XII of the Constitution, the District President, 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 XII of the Consti-
tution;

3. provide the member with a written notification that the mem-
ber has 15 days from the date of receipt of the statement of the mat-
ter to advise his District President that there is a desire to have the
matter heard and resolved. Failure by the member to file such writ-
ten request for hearing and resolution within the 15-day period
shall be deemed to be consent to expulsion of membership from
the Synod.

e. If the request or petition for a hearing (d 3 above) is made,
the President of the District (The President of the suspended/ac-
cused member) shall inform the chairman of the Council of Presi-
dents who shall form a Hearing Panel of District Presidents within
thirty (30) days of the request or petition, in accordance with the
provisions in this Bylaw. At that time, the District President 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 mandate of Matt. 18:15-16,
and “previous futile admonition” (Article XIII as well as all of
Bylaw provision 2.26 a-d.

1. A Hearing Panel consisting of three District Presidents, ex-
cluding the involved District Presidents, selected as follows shall
conduct the hearing:

a) One District President selected by the petitioner (The ac-
cused).

b) One District President selected by the District President 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 Presi-
dents excluding any involved District President with the blind draw
administered by the chairman of the Council of Presidents and au-
dited by witnesses.

2. Upon receipt of a petition for the hearing, the chairman of
the Council of Presidents (COP) shall promptly notify the petitioner
and the District President who imposed the suspended status of
their respective right to choose one Hearing Panel member and di-
rect that the identity of their selection be transmitted to the chair-
man of the COP within 15 days from the date of such notice. If ei-
ther party declines to make a selection within 15 days, the chairman
of the COP shall then make such selection within five days.

3. When two Hearing Panel members have so been chosen, the
chairman of the COP shall promptly notify them of their selection
to the Hearing Panel and direct that they select the third member
of the Hearing Panel within ten (10) days and notify the chairman
of the COP of their selection.

4. Within fifteen (15) days after the Hearing Panel is consti-
tuted, it shall select one of its members as chairman, who shall
then, after conferring with the petitioner and the District President,
who imposed the suspended status, select a date and location within
forty-five (45) days after the Hearing Panel is constituted when and
where the Hearing Panel will consider the petition.

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 mandate of Matt. 18:15-16, and “previous fu-
tile admonition” (Article XIII) as well as all of Bylaw provision
2.26 a-d.

6. The Hearing Panel and all parties shall follow these guide-
lines:

a) Holy Scripture, the Lutheran Confessions, and the Constitu-
tion and Bylaws of the Synod shall govern the panel in all their ac-
tions.

b) The hearing before the panel shall be private, attended only
by the parties involved and the witnesses who can substantiate the
facts relevant to the matter. The only exception is stated under “‘h)”
below.

c) The panel shall establish the procedure to be followed in the
hearing and the relevancy of the evidence so that each party in-
volved shall be given an opportunity fully to present its respective
position.

d) Any member of the Synod, officer of a congregation, or offi-
cer of any organization owned or controlled by the Synod shall,
when called upon by the panel to do so, testify or produce records
related to the matter.

e) Each party to the matter shall assume its own expenses. The
expenses of the panel shall be borne by the District or Synod.

f) No party to the matter nor anyone on the party’s behalf, shall
either directly or indirectly communicate with the panel or any
member of the panel without the full knowledge of the other party
to the matter.

g) While the matter is still undecided or while an appeal is con-
templated or pending, publicity shall not be given to the issues in
the matter by any of the parties involved during any part of the pro-
cedures outlined in this Bylaw. However, at his discretion and as
the needs dictate in order to “promote and maintain unity of doc-
trine 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
and 9), the Synod President, or the District President as the case may
be in consultation with the Synod President, may properly advise or
inform the involved congregation(s) and/or the District or Synod.

h) Any party to the matter may seek, at its own personal ex-
pense, the assistance of individuals familiar with the issues in-
volved in the matter. They may actively participate in research and
the preparation of necessary documents. At the hearing, however,
each party involved may have an adviser present but must repre-
sent itself, with no public participation by the adviser.

i) The panel shall determine the number of witnesses necessary
for a full and complete understanding of the facts involved in the
matter. It shall question parties involved and witnesses directly and
may also permit the parties involved to do so (Cf. 6 h above).

}) All panel records in which the panel has rendered a final deci-
sion 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 a panel of three District Presidents, se-
lected by blind draw for that purpose by the Chairman of the Coun-
cil of Presidents, audited by witnesses, has granted permission.

k) If any part of the dispute involves a specific question of doc-
trine 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 Commis-
sion on Constitutional Matters. The request for an opinion must be
made through the panel, which shall determine the wording of the
question(s). The request for an opinion must be made within thirty
(30) days of the final formation of the panel. If a party does not re-
quest such an opinion within the designated time, such a request
may still be made to the panel, which shall, at its discretion, deter-
mine whether the request shall be forwarded. The panel shall also
have the right, at any time, to request an opinion from the Com-
mission on Constitutional Matters or the Commission on Theology
and Church Relations. Any opinion so requested shall be rendered
within 30 days or such greater time as the panel may allow. When
an opinion has been requested, the time limitations will not apply

2004 Convention Workbook