LCMS Convention Workbook St. Louis, Missouri — 2004, Page 32

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32 SYNODICAL REPORTS

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 with one exception. Due to the fact
that this Bylaw procedure deals with a District President or an of-
ficer of the Synod, which necessarily means that the case will most
likely have a high public exposure, as the ecclesiastical supervisor,
the Synod President, at his discretion, may carry out his duties to
properly advise the Synod, as the needs dictate, in order to “pro-
mote and maintain unity of doctrine 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).

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 District Presi-
dent or officer), the Synod President, the accuser and his District
President, and the chairman of the COP. The decision of the Hear-
ing Panel shall have no precedential value, shall be final and bind-
ing, subject to appeal by the accused or by the Synod President.
The decision shall be carried out by the Synod President and be
publicized as deemed appropriate under the circumstances by the
Synod President if not appealed by the accused or by the 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 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 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 supplied to the District President of the accuser and the
accused (depending upon whether it is a District President or an of-
ficer of Synod that is the accused), the chairman of the Hearing
Panel, the accuser, and the Synod President, and shall be accom-
panied by a written memorandum stating the basis for the request.
Within 30 days after receipt, a Final Hearing Panel shall be selected
in the same prescribed manner as described in 2.27 e 1-4 except
that the three District Presidents that constituted the Hearing Panel
and the three District Presidents that constituted a Referral Panel
or any other involved District President are omitted from consider-
ation for the Final Hearing Panel. The procedures for the final hear-
ing shall be the same as prescribed in Bylaw 2.27 e 4-6. The chair-
man of the Hearing Panel shall provide the Final Hearing Panel
with a written statement of the matter and the Hearing Panel’s re-
port, minutes, records, and proceedings.

h. Upon completion of the hearing of 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), any involved District President, the accuser, 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 President of the Synod;

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

i. The Synod President shall take those steps necessary to as-
sure that the spiritual needs of the respective members (accuser and
accused) are attended to and shall continue efforts to resolve those

2004 Convention Workbook

matters which led to the commencement of the formal action
against the accused member.

j. Since this matter involves individual membership, the calling
or contracting body is encouraged to continue financial support,
existing 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 Bylaw 2.26 or this Bylaw, 2.27. Violations of
the prohibition against publicity while a matter is still undecided
or while an appeal is contemplated or pending (e 6 above) by any
of the parties involved are specifically included as a violation sub-
ject to the same disciplinary measures set forth in this Bylaw or
Bylaw 2.26.

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 2.28 PROPOSED
2.28 Expulsion of a Synod President from Membership in the
Synod

The action to commence expulsion of the membership of a
Synod President from the Synod is the responsibility of the District
Presidents of the Council of Presidents who collectively comprise
the ecclesiastical supervisors of all the respective Districts of the
Synod. This Bylaw (2.28), 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 a District President or an officer of the Synod (Bylaw 2.27),
an individual member in cases involving sexual misconduct or
criminal behavior (Bylaw 2.29), or congregational or individual
membership from the Synod (Bylaw 2.26).

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

a. When a member congregation or individual member of the
Synod is aware of information which could lead to the expulsion of
the Synod President from the Synod under Article XIII of the Con-
stitution, prior to any formal written complaint or accusation, the
member shall consult with his or her respective District President
(or the Chairman of the Council of Presidents if the “accuser” is a
District President) to seek advice and also so that it can be deter-
mined whether this is the appropriate Bylaw procedure (2.28) or
whether the matter falls under Bylaws 2.29, 2.39, or dispute reso-
lution under Chapter VIII.

In regard to this consultation:

1. The District President may consult with the Chairman of the
Council of Presidents, the Vice-Presidents of the Synod, with the
Synod President himself or with the Commission on Theology and
Church Relations. The District President may also ask an opinion
of the Commission on Constitutional Matters. The District Presi-
dent 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.

3. If the District President determines that Bylaw 2.28 applies,
then as ecclesiastical supervisor, the District President shall require
of the accuser to carry out the guidelines of Matthew 18:15, face-
to-face with the accused Synod President. Even if the alleged vio-
lation of Article XIII is considered to be “public,” this provision of