LCMS Convention Workbook St. Louis, Missouri — 2004, Page 35

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SYNODICAL REPORTS 35

and the accused, is to be protected as commanded in the 8th com-
mandment.

b. Under this Bylaw (2.29), the ecclesiastical supervisor of the
accused shall commence action when he becomes aware of infor-
mation or allegations that could lead to expulsion of the member
from the Synod under the provisions of Article XII of the Consti-
tution. The District President, the Synod President, or the chairman
of the Council of Presidents may become aware of such informa-
tion by his own personal knowledge. Such information or allega-
tions may also be conveyed to him in a formal written complaint or
accusation made by any person. In commencing such action, the
ecclesiastical supervisor of the accused shall:

1. Determine whether the provisions in 2.29 a have been fol-
lowed and thoroughly investigate whether the allegations of the ac-
cuser can be substantiated. He may appoint a small investigation
committee (Cf. Bylaw 4.75). .

2. Inform the accused of the accusation at the earliest appropri-
ate time. (Cf. Matt. 18:15)

3. In the event the District President has a conflict of interest or
is unable to act, the next qualified officer of the District shall func-
tion in his place. The President of the Synod, who is ecclesiastical
supervisor of the District President, shall determine any challenge
to the eligibility of the District President to act, which is not agreed
to by the District President.

4. In the event the District President is the accused, the Presi-
dent of the Synod shall function in this instance.

5. In the event that the accused is an officer of the Synod, the
President of the Synod shall function in this instance.

6. In the event that the accused is the President of the Synod,
The chairman of the Council of Presidents shall function in this in-
stance.

c. In the determination whether or not to initiate formal pro-
ceedings, the District President may form a Referral Panel consist-
ing of three Circuit Counselors of the District. This Panel shall be
formed by blind draw, shall not include the Circuit Counselor of
the accused or the accuser and the blind draw shall be administered
by the District President 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. Whether made by the District President or the Referral
Panel, if the determination is not to initiate formal proceedings, the
District President shall, in writing, so inform the accuser, any other
District President involved, and the involved member, which shall
terminate the matter. If the District President fails to act within 60
days after receipt of the formal written complaint or accusation, the
accuser may present a formal written request to the District Presi-
dent for the forming of the Referral Panel which request the District
President must grant. If Bylaw provisions 2.26 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.

In the event that the accused is a District President, an officer of
the Synod, or the Synod President, the Referral Panel shall consist
of three District Presidents, selected by a blind draw administered
by the chairman of the Council of presidents audited by witnesses.
Such panel, which shall exclude any involved District President,
shall function as set forth in the above paragraph.

d. If the District President, the Synod President, the Chairman
of the Council of Presidents, or Referral Panel, which ever the case
may be, concludes that the facts form a basis for expulsion of the
member under Article XIII of the Constitution, the appropriate ec-
clesiastical supervisor, 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 his ecclesiastical supervisor that there is a desire to
have the matter heard and resolved. Failure by the member to file
such written 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 ecclesiastical supervisor 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 ecclesiastical
supervisor shall forward to the chairman of the Council of Presi-
dents the statement of the matter and a written memorandum de-
scribing the manner in which there was compliance with Bylaw
provision 2.29 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 ac-
cused).

b) One District President, selected by the ecclesiastical supervi-
sor who imposed the suspended status (a District President may not
choose himself).

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, the chairman of
the Council of Presidents (COP) shall promptly notify the petitioner
and the involved ecclesiastical supervisor of their respective right
to choose one Hearing Panel member and direct that the identity of
their selection be transmitted to the chairman of the COP within
fifteen days from the date of such notice. If either party declines to
make a selection within such fifteen-day period, 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 ten (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 involved ecclesi-
astical supervisor, select a date within forty-five (45) days after the
Hearing Panel is constituted, and select a location 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 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 a-j.

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 involved
District President, the accuser and the ecclesiastical supervisor who
initially served as consultant to the accuser, the chairman of the
COP and the Synod President. The decision of the Hearing Panel
shal} have no precedential value and shall be final and binding sub-

2004 Convention Workbook