LCMS Convention Workbook St. Louis, Missouri — 2004, Page 36

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36 SYNODICAL REPORTS

ject to appeal by the accused. The decision shall be carried out by
the District President or Synod President and be publicized as
deemed appropriate under the circumstances by the District or
Synod President if not appealed by the accused.

g. Within 15 days after receiving the decision of the Panel, the
accused may request a final hearing. Such request for a hearing
shall be submitted to the chairman of the Council of Presidents with
copies supplied to the ecclesiastical supervisor ministering to the
accuser if applicable, the District President of the accused, the
chairman of the Hearing Panel, the accuser, and the Synod Presi-
dent. A written memorandum stating the basis for the request shall
accompany the request for a final hearing. Within 30 days after re-
ceipt, a Final Hearing Panel shall be selected in the same prescribed
manner as described in 2.29 e 1-4 except that the District Presi-
dents that constituted the Referral Panel, the Hearing Panel or any
other involved District President are omitted from consideration for
the Final Hearing Panel. The procedures for the final hearing shall
be the same as prescribed in Bylaw 2.29 e 4-6. The chairman of
the Hearing Panel shall provide the Final Hearing Pane] with a
written statement of the matter and the Hearing Panel’s report, min-
utes, records, and proceedings.

h. Upon completion of the hearing by 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), the involved District President, the accuser, the ecclesiasti-
cal supervisor who initially served as consultant to the accuser, the
chairman of the COP, and the Synod President. The 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 District President or the President of the
Synod;

4. be publicized as deemed appropriate under the circumstances
by the District or Synodical President.

i. Any pending criminal or civil court proceedings permit ex-
ceptions to any of the time limits specified in this Bylaw (2.29) at
the discretion of the ecclesiastical supervisor.

j. The ecclesiastical supervisor of the accused and suspended
member shall take those steps necessary to attend the spiritual
needs of all those affected.

k. Since the 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.

1. 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 disciplinary measures as
set forth in Bylaw 2.26 or Bylaw 2.27. Violations of the prohibition
against publicity while a matter is still undecided or while an ap-
peal 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.

m. 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 3.51 K PROPOSED
B. General Provisions for Officers, Boards, and Commissions
3.51 Definitions
k.1. Supervision: For the purpose of these Bylaws, other than
those pertaining to ecclesiastical supervision, to have authority
over, to direct actions, to control activities.

2004 Convention Workbook

2. Ecclesiastical Supervision: The responsibility, primarily of

h d d istrict Presi f nod, to supervise
on behalf of the Syn loctrin d admini ion of i

members, officers, and agencies. Such supervision, subject to the
provisions of Synod’s Constitution, Bylaws, and resolutions, in-
cludes visitation, evangelical encouragement and support, care,
protection, counsel, advice, admonition, and, when necessary, ap-
propriate disciplinary measures to assure that the Constitution, By-
laws, and resoluti f th nod ied Thus ias-
tical supervision is also the presenting, interpreting, and applying
the collective will of the Synod’s congregations. Ecclesiastical su-
pervision does not include the responsibility to observe, monitor,
control, or direct the day-to-day activities of individual members
of th nod, whether in onduct of their work, or in their pri-
vate lives (cf. Bylaw 2.21). Further, those Constitutional Articles
and Bylaws pertaining to ecclesiastical supervision shall determine
the full definition of ecclesiastical supervision.

BYLAW 6.45 AND 6.47 PROPOSED AMENDMENTS

6.45 Board Supervision

a. The Board of Regents shall have authority to investigate,
hear, and act on any complaint arising out of Bylaw 6.43 c 1-6.

b. Any decision made pursuant to Bylaw 6.47 shall be final and
binding on the parties involved with no right of further appeal.
6.47 Procedures for Exercising Board Supervision

a. If the Board of Regents receives a complaint against a‘mem-
ber of that institution’s faculty or administration concerning any
matter, including those specified under Bylaw 6.43 c 1-4, it shall
direct the complainant first to meet face-to-face with the respon-
dent in an attempt to resolve the issue (Matt. 18:15). The president
of the institution shall assist in this attempt. If the president himself
is the respondent, the chairman of the board shall act in his stead.

b. If the complainant is of the opinion that such informal rec-
onciliation efforts have failed and there is a wish to pursue the mat-
ter, the complainant shall prepare a written statement of the matter
in dispute and a written statement setting forth, in detail, the efforts
that have been made to achieve informal reconciliation and forward
such statements to the Board of Regents and to the respondent.

c. Within 21 days after receipt of the written statement of the
matter in dispute, the respondent shall submit a written reply to the
Board of Regents and the complainant. If the respondent fails to
reply, the allegations of the statement of the matter in dispute shall
be deemed accepted.

d. Upon receipt of a reply from the respondent or if no reply is
received, and the Board of Regents determines that all informal
reconciliation efforts have failed, the Board of Regents shall form a
Review Committee of five persons (Matt. 18:16), which shall be
chosen as follows:

1. Each party shall select one faculty member and one regent.

2. The fifth member shall be selected by blind draw from the
synodical roster of reconcilers and shall serve as chairman.

3. The selection shall be completed within one month of the
date on which the board decides to form the Review Committee.

e. If the board decides that the matter is of such a nature that
the interests of the institution will best be served, it may limit the
activities of the respondent. It may do so by relieving the respon-
dent of teaching and/or administrative duties pending final resolu-
tion of the conflict. However, contractual obligations of the insti-
tution shall continue until the matter is resolved.

f. The Review Committee shall proceed as follows:

1. The committee shall hold its first hearing no later than 60
days after the last committee member has been appointed.

2. The chairman of the committee shall notify the complainant
and the respondent, at least 28 days in advance, of the date, time,
and place of the said hearing.