LCMS Convention Workbook St. Louis, Missouri — 2004, Page 31

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SYNODICAL REPORTS 31

tion, of repentance and forgiveness (even if the following proceed-
ings result in expulsion of membership).

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

6. Only after all the requirements of the consultation provided in
this Bylaw (2.27 a 1-5) have been followed may the accuser bring
the matter to the Synod 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 (2.27), the Synod President shall com-
mence 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 XIH of the Constitution. The Synod 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 mem-
ber of the Synod who has carried out the above provision (2.27 a).
In commencing such action, the Synod President:

1. Shall determine whether Bylaw 2.27 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). If
the accused is a District President, the investigation shall include
consultation with that Presidents’ District Board of Directors and
District Vice-Presidents. He may also consult with the Circuit
Counselors of the given District.

2. Shall follow the guidelines of Matthew 18:15-16 as the re-
quirement of “admonition” in Article XIII of the Constitution, if
applicable, continues to be carried out.

3. May, apart from the investigation, also appoint a small com-
mittee to assist in reconciliation efforts (See 2.27.a.4.above).

In the event the Synod President is disqualified because he has
a conflict of interest, or is unable to act, the chairman of the Coun-
cil of Presidents or the next qualified officer of the Council of Pres-
idents shall function in his place in carrying out any of the follow-
ing Bylaw provisions. The majority vote of the District Presidents
of the Council of Presidents, excluding the involved District Presi-
dents, shall determine any challenge to the eligibility of the Synod
President to act, which is not agreed to by the Synod President.

c. In the determination whether or not to initiate formal pro-
ceedings, the Synod President may form a Referral Panel consisting
of three District Presidents. This panel shall be formed by blind
draw, shall not include the District President that is a party to the
matter or the District President of an accused officer or the District
President of the accuser. The blind draw shall be administered by
the chairman of the Council of Presidents, 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 proceedings. Whether made by the Synod President
or the Referral Panel, if the determination is not to initiate formal
proceedings, the Synod President shall, in writing, so inform the
accuser, any other District President involved, and the involved
member, which shall terminate the matter. If the Synod President
fails to act within 60 days after receipt of the formal written com-
plaint or accusation, the accuser may present a formal written re-
quest to the Synod President for the forming of the Referral Panel
which request the Synod President must grant. If the Bylaw provi-
sions set forth in 2.27 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 Synod President or the Referral Panel concludes that
the facts form a basis for expulsion of the member under Article
XIII of the Constitution, the Synod 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 XIII 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 the Synod 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 Synod shall inform the chairman of the Coun-
cil of Presidents who shall form a Hearing Panel of District Presi-
dents within thirty (30) days of the request or petition in accordance
with the provisions in this Bylaw. At that time, the Synod Presi-
dent 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 2.27 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 accused.
(a District President, if he is the accused, may not choose himself)

b) One District President selected by the Synod President.

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 with the blind draw administered by the chairman of the
Council of Presidents and audited by witnesses.

d) If a Referral Panel was formed, the three District Presidents
that served in that capacity are not eligible to serve on a Hearing
Panel.

2. Upon receipt of a petition for the hearing, the chairman of
the Council of Presidents (COP) shall promptly notify the petitioner
and the Synod President of their respective right to choose one
Hearing Panel member and direct that the identity of their selec-
tion be transmitted to the chairman of the COP within fifteen days
from the date of such notice. If either party declines to make a se-
lection within fifteen 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 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 Synod President,
select a date and location within forty-five (45) days after the 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 XII] as well as all of Bylaw provision
2.27 a-d.

6. The Hearing Panel and all parties shall follow the guidelines
as set forth in Bylaw 2.26 e 6 a-f and h-1 and the following:

2004 Convention Workbook