LCMS Convention Workbook St. Louis, Missouri — 2004, Page 34

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34 SYNODICAL REPORTS

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
2.29 a-d.

6. The Hearing Panel and all parties shall follow the guidelines
as set forth in Bylaw 2.26 e 6 with the exception of 2.26 e 6 g) and
instead shall follow this guideline in its place:

While the matter is still undecided or while an appeal is contem-
plated or pending, publicity shall not be given to the issues in the
matter by any of the parties involved during any part of the proce-
dures outlined in this Bylaw with one exception. Due to the fact that
this Bylaw procedure deals with the Synod President, which neces-
sarily means that the case will most likely have a broad public ex-
posure, the chairman of the Council of Presidents, at his discretion,
and in consultation and concurrence with the Council of Presidents,
may Carry out actions to advise the Synod as the needs dictate, in
order to “promote and maintain unity of doctrine and practice” (Ar-
ticle 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 recommendation to the Council of Pres-
idents within 30 days, a copy of which shall be mailed to the ac-
cused Synod President, the chairman of the Council of Presidents,
and the accuser. Prior to acting upon the recommendation of the
Hearing Panel and if requested within 15 days by the accused
Synod President, the Council of Presidents shall grant a final hear-
ing within 45 days of the request for the final hearing before the
full Council of Presidents. The guidelines for this final hearing
shall be the same as prescribed in Bylaw 2.28 e 6. As also provided
for in the provision, the President of the Synod and/or the Council
of Presidents may also request that an opinion of the Commission
on Constitutional Matters or Commission on Theology and Church
Relations be obtained. Any opinion so requested shall be rendered
within 30 days or such greater time as the Council of Presidents
may allow. When an opinion has been requested, the time limita-
tions will not apply 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.

g. The COP will proceed as follows:

1. In acting upon the report and/or recommendation, if any (a
report may be given without an accompanying recommendation),
of the Hearing Panel, an affirmative vote by written ballot of at
least 75 percent of the total number of District Presidents of the
Council of Presidents (the collective ecclesiastical supervisors
elected by the Districts) shall be required to submit the matter to
the member congregations of the Synod for a written vote in order
to terminate the membership of the Synod President.

2. Prior to submitting the matter to the congregations of the
Synod, the Council of Presidents shall provide and send full and
complete information regarding the matter to the member congre-
gations and publish it in an official periodical of the Synod. At least
one-fourth of the member congregations are required to register
their vote and also a majority vote of those congregations voting is
required for the termination of the Synod President.

3. If the decision of the Council of Presidents is not to submit
the matter to the member congregations for the expulsion of the
Synod President, this shall terminate the matter and the suspended
status shall be considered removed immediately upon the vote of
the District Presidents. If the matter is submitted to the member
congregations and the decision by the member congregations is not
to terminate, suspended status shall be considered removed imme-
diately upon the vote of the congregations.

4. If the decision results in the expulsion of the Synod President
from membership, the First Vice-President of the Synod shall carry

2004 Convention Workbook

out the decision and the decision shall be publicized as deemed ap-
propriate under the circumstances by the First Vice-President of
the Synod. Article XI C 2 of the Constitution takes effect immedi-
ately. The decision of the District Presidents or the member con-
gregations shall have no precedential value and shall be final and
binding and not subject to further appeal.

h. The Synod President (the previous First Vice-President) shall
take those steps necessary to assure that the spiritual needs of the
terminated Synod President are attended to and shall continue ef-
forts to resolve those matters which led to the commencement of
the formal action against him.

i. The Synod is encouraged to continue financial support, exist-
ing housing, and insurance of the accused Synod President at least
until the final decision is rendered.

j. 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 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 subject
to the same disciplinary measures set forth in Bylaw 2.26 or 2.27.

k. 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 2.29 PROPOSED
2.29 Expulsion of Individual Membership from the Synod
involving sexual misconduct or criminal behavior

The action to commence expulsion of individual membership
from the Synod is the sole responsibility of the District President or
the Synod President who has the ecclesiastical supervision of such
member. This Bylaw provides the procedure to carry out Article
XIII of the Constitution, “Expulsion from the Synod,” as regards
“offensive conduct” of individual members of the Synod involving
sexual misconduct or criminal behavior.

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

a. Prior to any formal written complaint or accusation, when
any person is aware of information which could lead to the expul-
sion of an individual member, including a District President, an of-
ficer of the Synod or the Synod President under Article XIII of the
Constitution for alleged sexual misconduct or criminal behavior,
the person shail consult with the appropriate ecclesiastical super-
visor (which would be a District President or the Synod President)
to seek advice, direction, and spiritual ministry as the needs and
circumstances dictate. If the accused is the Synod President, the
person shall consult with the chairman of the Council of Presidents.

In regard to this consultation:

1. The appropriate ecclesiastical supervisor may consult with
any others as considered appropriate under the circumstances.

2. If the accuser is a member of the LCMS or a member of an
LCMS congregation, the ecclesiastical supervisor shall discuss with
the accuser whether this Bylaw provision (Bylaw 2.29) or Chapter
VIII of the Bylaws is the appropriate Bylaw under the circum-
stances.

3. The ecclesiastical supervisor shall provide evangelical super-
vision, counsel, and care.

4. The ecclesiastical supervisor shall advise the accuser that it is
understood that he/she shall not be put under risk by requiring the
accuser to carry out the guidelines of Matthew 18:15, face-to-face
with the accused. However, the reputation of all parties, the accuser