LCMS Convention Workbook St. Louis, Missouri — 2004, Page 33

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SYNODICAL REPORTS 33

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 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
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 (2.28 a 1-5) have been followed may the accuser bring
the matter to the chairman of the Council of Presidents for action
under this Bylaw provision, if so determined by the accuser’s Dis-
trict President (a 2 above). .

b. Under this Bylaw (2.28), The chairman of the Council of Pres-
idents shall commence action when he becomes aware of informa-
tion or allegations that could lead to expulsion of the Synod Presi-
dent from the Synod under the provisions of Article XIII of the
Constitution by such information or allegations being conveyed to
him in a formal written complaint or accusation made by a member
of the Synod who has carried out the above provision (2.28 a). In
commencing such action, the chairman of the Council of Presidents:

1. Shall determine whether Bylaw 2.28 a provisions have been
carried out and shal] thoroughly investigate the matter to determine
whether the facts learned from his investigation form a basis for
expulsion of the Synod President under Article XIII of the Consti-
tution. He may appoint a small investigation committee (Cf. Bylaw
4.75).

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

3. May, apart from the investigation, also appoint a small com-
mittee to assist in reconciliation efforts (See 2.28 a 4 above).

In the event the Chairman of the Council of Presidents is dis-
qualified because he is a party to the matter, has a conflict of in-
terest, or is unable to act, the next qualified officer of the Council of
Presidents shall function in his place. The majority vote of the Dis-
trict Presidents of the Council of Presidents, excluding any in-
volved District President, shall determine any challenge to the eli-
gibility of the chairman of the Council of Presidents to act, which is
not agreed to by the chairman.

c. In the determination whether or not to initiate formal pro-
ceedings, the chairman of the Council of Presidents may form a
Referral Panel consisting of three District Presidents. This panel
shall be formed by blind draw, shall not include the District Presi-
dent that is a party to the matter or the District President of the ac-
cuser and 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 pro-
ceedings. If the chairman of the Council of Presidents fails to act
within 60 days after receipt of the formal written complaint or ac-
cusation, the accuser may present a formal written request to the
chairman of the Council of Presidents for the forming of the Re-
ferral Panel, which request the chairman must grant. If Bylaw pro-
visions 2.28 b 1-3 have not been carried out, the Referral Panel
shall carry out these provisions in the process of making its deter-
mination whether or not to initiate Formal Proceedings. Whether
made by the chairman of the Council of Presidents or the Referral
Panel, if the determination is not to initiate formal proceedings, the
chairman of the Council of Presidents shall bring the matter to the
full Council of Presidents.

1. An affirmative vote (not to proceed) by written ballot of at
least 51percent of the total number of District Presidents of the
Council of Presidents (the collective ecclesiastical supervisors
elected by the Districts) shall be required for the determination not

to initiate formal proceedings. Any District President that is a party
to the matter is excluded from voting.

2. If the vote is an affirmative vote (not to initiate Formal Pro-
ceedings), the Chairman shall in writing so inform the accuser and
the Synod President, which shall terminate the matter.

3. If the results of the vote require the case to proceed, the chair-
man shall proceed as hereafter required.

d. If the Council of Presidents, according to the procedure set
forth in c above, conclude that the facts form a basis for expulsion
of the Synod President under Article XIII of the Constitution, the
chairman of the Council of Presidents in commencing the formal
proceedings shall

1. provide the Synod President a written notification of his sus-
pended status under Bylaw 2.25;

2. provide the Synod President a written statement of the matter
which sets forth the facts and states that he is requesting expulsion
of the Synod President’s membership from the Synod in accord
with Article XIII of the Constitution.

3. prepare 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 2.28 a-c.

4. provide the Synod President with a written notification that
he has 15 days from the date of receipt of the statement of the mat-
ter to advise the chairman of the Council of Presidents that there is
a desire to have the matter heard and resolved. Failure by the Synod
President to file such written request for hearing and resolution
within the 15-day period shall be deemed to be consent to expul-
sion of membership from the Synod.

e. If the request or petition for a hearing (d 4 above) is made,
the chairman of the Council of Presidents shall form a Hearing
Panel of District Presidents within 30 days of the request or petition
in accordance with the provisions in this Bylaw.

1. A Hearing Panel consisting of three District Presidents, ex-
cluding any District President that is party to the matter, selected as
follows shall conduct the hearing:

a) One District President selected by the petitioner, the Synod
President.

b) One District President selected by the Vice-Chairman of the
Council of Presidents

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.

2. Upon receipt of a petition for the hearing from the Synod
President, the Chairman of the Council of Presidents (COP) shall
promptly notify the petitioner and the Vice-Chairman of the Coun-
cil of Presidents of their respective right to choose one Hearing
Panel member and direct that the identity of their selection be trans-
mitted to the chairman of the COP within fifteen days from the date
of such notice. If either party declines to make a selection within
fifteen days, the chairman of the COP shall then make such selec-
tion 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 15 days after the Hearing Panel is constituted, it shall
select one of its members as chairman, who shall then, after con-
ferring with the petitioner, the Synod President, and the chairman
of the Council of Presidents, select a date and location within 45
days after the panel is constituted when and where the Hearing
Panel will consider the petition.

2004 Convention Workbook