LCMS Convention Workbook St. Louis, Missouri — 2004, Page 41

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SYNODICAL REPORTS 41

1, Nine names shall be selected by a blind draw according to
the SOPM from the synodical roster of reconcilers.

2. No member shall be from the District in which the dispute
arose, or, if it is a synodical question, from any District in which a
party holds membership.

3. The list sha}! be mailed simultaneously to each party, who
shall be entitled to strike three names and return the list to the Sec-
retary of the Synod within one week.

4. The Secretary of the Synod shall correct any problem with
the panel from the remaining names by blind draw according to the
SOPM. In the event additional names are needed, three names will
be selected in the manner set forth above and those names submit-
ted to each party who shall have the right to strike one. In the event,
there is more than one remaining, the Secretary shall determine the
final member by a blind draw according to the SOPM from that re-
mainder.

d. The synodical roster of hearing facilitators who shall com-
prise the list from which hearing facilitators for Review Panels will
be selected, shall be selected as follows:

1. Three names shall be selected by a blind draw according to
the SOPM from the hearing facilitator roster.

2. No hearing facilitator shall be from the District in which the
dispute arose or, if it is a synodical question, from any District in
which a party holds membership.

3. The list shall be mailed simultaneously to each party, who
shall be entitled to strike one name and return the list to the Secre-
tary of the Synod within one week.

4. The Secretary of the Synod shall correct any problem with
the panel from the remaining names by blind draw according to the
SOPM. In the event additional names are needed, two names will
be selected in the manner set forth above and those names submit-
ted to each party who shall have the right to strike one. In the event,
there is more than one remaining, the Secretary shall determine the
final member by a blind draw according to the SOPM from that re-
mainder.

e. The hearing facilitator who shall conduct the hearing and who
shall serve as chairman of the panel, may draw upon persons and
resources which he deems necessary for conducting a hearing in a
fair and equitable manner.

Under the chairmanship of the hearing facilitator, the panel shall
elect a secretary.

8.17 Disqualification

a. The standard for disqualification of a reconciler or panel
member or hearing facilitator shall be actual partiality or the ap-
pearance thereof. Any party to a dispute shall have the right to re-
quest disqualification of a reconciler, panel member, or hearing fa-
cilitator. If that individual does not agree to the disqualification,
the decision shall be made by a separate three-member panel of
reconcilers drawn for that purpose according to the SOPM.

b. In the event that a reconciler, panel member, or hearing fa-
cilitator is disqualified, another individual shall be chosen by blind
draw according to the SOPM.

c. An individual who has served as a reconciler in a matter shall
not be a member of the Dispute Resolution Panel in the same matter.

8.19 Decisions

a. Quorum: A majority of the panel members shall be involved
in all stages of the decision-making process.

b. Majority Vote: The Dispute Resolution Panel, or Review
Panel, shall issue a decision based on a majority vote of the panel.
In the event that a majority decision cannot be reached, a new panel
shall be formed immediately in accordance with the Bylaws and
the matter be reheard.

’

8.21 Rules of Procedure

a. reconcilers, Dispute Resolution Panels, and Review Panels
shall be governed in all their actions by Holy Scripture, the
Lutheran. Confessions, and the Constitution and Bylaws of the
Synod.

b. In the interest of promoting the reconciliation process, any
member of the Synod, officer of a congregation, or officer of any
organization owned or controlled by the Synod shall, when called
upon by the Dispute Resolution Panel or Review Panel to do so,
testify or produce records related to the dispute.

c. Each party to a dispute shall assume its own expenses. The
expenses of reconcilers, Dispute Resolution Panels, and Review
Panels shall be borne by the Synod except for those which arise
under Bylaw 8.13 b, which shall be borne by the District.

d. No party to a dispute nor anyone on the party’s behalf, shall
either directly or indirectly communicate with the reconciler, the
hearing facilitator, or any member of the Dispute Resolution Panel,
Appeal Panel, or Review Panel without the full knowledge of the
other party to the dispute.

e. 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. However, at his discretion and as
the needs dictate in order to “promote and maintain unity of doc-
trine 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), the Synod President or the District President in consulta-
tion with the Synod President, as the case may be, may properly
advise or inform the involved congregation(s), and/or the District
or Synod.

f. Any party may seek, at its own personal expense, the assis-
tance of individuals familiar with the issues involved in the dispute.
They may actively participate in research and the preparation of
necessary documents, At the hearing, however, each party may
have an adviser present but must represent itself, with no public
participation by the adviser. Any reconciler or hearing facilitator
shall not serve as an adviser. If a party is a board or commission
of the Synod or its Districts, it shall be represented by its chairman
or designated member.

g. A Dispute Resolution Panel or Review Panel shall determine
the number of witnesses necessary for a full and complete under-
standing of the facts involved in the dispute. It shall question par-
ties and witnesses directly and may also permit the parties to do so.

h. All Dispute Resolution Panel or Review Panel records of dis-
putes in which a final decision has been rendered by the Dispute
Resolution Panel or Review Panel shall be placed in the custody of
Concordia Historical Institute. All such records shall be sealed and
shall be opened only for good cause shown and only after permis-
sion has been granted by a Dispute Resolution Panel, selected by
blind draw for that purpose.

i. If any part of the dispute involves a specific question of doc-
trine or doctrinal application, each party shall have the right to an
opinion from the Commission on Theology and Church Relations.
If it involves questions of Constitution or Bylaw interpretation,
each party shall have a right to an interpretation from the Commis-
sion on Constitutional Matters. The request for an opinion must be
made through the Dispute Resolution Panel or Review Panel,
which shal] determine the wording of the question(s). The request
for an opinion must be made within four weeks of the fina! forma-
tion of the Dispute Resolution Panel or Review Panel. If a party
does not request such an opinion within the designated time, such a
request may still be made to the Dispute Resolution Panel or Re-
view Panel which shall, at its discretion, determine whether the re-
quest shall be forwarded. The Dispute Resolution Panel or Review
Panel shall also have the right, at any time, to request an opinion
from the Commission on Theology and Church Relations or the

2004 Convention Workbook