LCMS Convention Workbook St. Louis, Missouri — 2004, Page 30

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30 SYNODICAL REPORTS

until the parties have received the opinion. The panel must follow
any opinion received from either the CCM (Bylaw 3.905 d) or the
CTCR.

f. Upon completion of the hearing, the Hearing Panel shall de-
liberate and then issue its written decision within 30 days, a copy of
which shall be mailed to the petitioner (the accused), the District
President who imposed the suspension, the accuser and his District
President, the chairman of the COP, and the Synod President. The
decision of the Hearing Panel shall have no precedential value and
shall be final and binding subject to appeal by the accused or the
Synod President as set forth in g below. If not appealed, the deci-
sion shall be carried out by the District President or Synod Presi-
dent and be publicized as deemed appropriate under the circum-
stances by the District or Synod President.

g. Within 15 days after receiving the decision of the panel, the
accused or the President of the Synod if a question of doctrine or
practice is involved (Constitution Art. XI B 1-3), may request a
final hearing. The Synod President may also request that an opinion
of the Commission on Constitutional Matters or Commission on
Theology and Church Relations be obtained. Any opinion so re-
quested shal] be rendered within 30 days or such greater time as
the pane] may allow. When an opinion has been requested, the time
limitations will not apply until the parties have received the opin-
ion. The panel must follow any opinion received from either the
CCM (Bylaw 3.905 d) or the CTCR. Such request for a final hear-
ing shall be submitted to the chairman of the Council of Presidents
with copies supplicd to the District President of the accuser and the
accused, the chairman of the Hearing Panel, the accuser and the
Synod President and shall be accompanied by a written memoran-
dum stating the basis for the request. Within 30 days after receipt, a
Final Hearing Panel shall be selected and constituted in the same
prescribed manner as described in 2.26 e 14 except that the three
District Presidents that constituted the Hearing Panel and the in-
volved District Presidents are omitted from consideration for the
Final Hearing Pancl. The procedures for the final hearing shall be
the same as prescribed in Bylaw 2.26 e 4-6. The chairman of the
Hearing Panel shall provide the Final Hearing Panel with a written
statement of the matter and the Hearing Panel’s report, minutes,
records and proceedings.

h. Upon completion of the hearing by the Final Hearing Panel,
the panel shall deliberate and then issue its written decision within
30 days, a copy of which shall be mailed to the petitioner (the ac-
cused), the District President that imposed the suspension, the ac-
cuser and his District President, the chairman of the COP, and the
Synod President. The final decision of the Final Hearing Panel
shall:

1. be binding upon the parties and not be subject to further ap-
peal;

2. have no precedential value;

3. be carried out by the District President or the President of the
Synod;

4. be publicized as deemed appropriate under the circumstances
by the District or Synod President.

i. The District President of the accused/suspended member and
the District President of the accuser shall take those steps neces-
sary to attend to the spiritual needs of all those affected and shall
continue efforts to resolve those matters which led to the com-
mencement of the formal action against the accused member.

j. If the matter involves individual membership, the calling or
contracting body is encouraged to continue financial support, ex-
isting housing, and insurance of individual members until the final
decision is rendered.

k. Any member participating in this Bylaw procedure that vio-
lates any of the requirements or procedures in this Bylaw or is per-
sistent in false accusations is subject to the same disciplinary mea-
sures as set forth in this Bylaw. Violations of the prohibition

2004 Convention Workbook

against publicity while a matter is still undecided or while an ap-
peal is contemplated or pending (e 6 g above) by any of the parties
involved are specifically included as a violation subject to the same
disciplinary measures set forth in this Bylaw.

1. In consultation with the Secretary of the Synod and with the
concurrence of the Council of Presidents, the Commission on Con-
stitutional Matters shall develop and amend as necessary a Stan-
dard Operating Procedures Manual which will serve as a compre-
hensive procedures manual for the Bylaw provisions set forth in
Bylaws 2.26, 2.27, 2.28, and 2.29.

BYLAW 2.27 PROPOSED
2.27 Expulsion of a District President or officer of the Synod
from Synodical membership

The action to commence expulsion of a District President or an
officer of the Synod from membership in the Synod is the sole re-
sponsibility of the Synod President who has the ecclesiastical su-
pervision of such member (Article XI A and B 1). This Bylaw
(2.27), among others, provides the procedures to carry out Article
XII of the Constitution, “Expulsion from the Synod.” However,
this Bylaw (2.27) does not provide the procedure for the expulsion
of a congregation or individual member of the Synod (Bylaw 2.26),
the President of the Synod (Bylaw 2.28), or individual members in
cases involving sexual misconduct or criminal behavior (Bylaw
2.29).

Definition of terms used in this Bylaw: See the definition of terms,
Bylaw 2.26

9. When a member congregation or individual member of the
Synod is aware of information which could lead to the expulsion of
a District President or an officer of the Synod from Synod’s mem-
bership under Article XIII of the Constitution, prior to any formal
written complaint or accusation, the member shall consult with the
member’s District President or the Synod President if the mem-
ber’s District President is the accused, to seek advice and also so
that it can be determined whether this is the appropriate Bylaw pro-
cedure (2.27) or whether the matter falls under Bylaws 2.26, 2.29,
2.39 or dispute resolution under Chapter VIII.

In regard to this consultation:

1. If and when the accuser’s District President (if the District
President is not the one accused or if the accused is an officer of
the Synod) is the one consulted, the District President shall consult
with the Synod President. Whether the Synod President is the one
consulted directly by the accuser or by the District President, the
Synod President may consult with the Vice-Presidents of the
Synod, with the District President of the accused (if an officer of
the Synod), with the chairman of the Council of Presidents or with
the CTCR. The Synod President may also ask an opinion of the
Commission on Constitutional Matters. The Synod 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 addi-
tional time as the Synod President may allow.

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

3. If this Bylaw (2.27) applies, the District President or the
Synod President shall require of the accuser to carry out the guide-
lines 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 commanded in the 8th commandment.

4. The District President of the accuser or the Synod President
may appoint a small committee to assist in reconciliation efforts.
The goal throughout is always one of admonition and reconcilia-