LCMS Convention Proceedings St. Louis, Missouri — 2013, Page 183

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Resolved, That the Synod’s Constitution be amended to reflect
a four-year convention cycle and terms of office; and be it finally

If a party does not request such an opinion within
the designated time, such a request may still be
made to the panel, which shall, at its discretion,
determine whether the request shall be forwarded.
The panel shall also have the right, at any time, to
request an opinion from the CCM or the CTCR.
(3) Any opinion so requested shall be rendered
within 30 days or such greater time as the panel
may allow. The CCM and the CTCR shall have
in place procedures for responding within this
30-day time frame to such requests for opinions.
(4) When an opinion has been requested, the
time limitations will not apply until the parties
have received the opinion. The panel must follow
any opinion received from either the CCM or the
CTCR.

Resolved, That the Synod’s Bylaws be amended to reflect a fouryear convention cycle and terms of office upon ratification of the
constitutional amendment.
Action: No action taken (5)
(Res. 7-10 was introduced and discussed during Session 5, when
it was referred back to the committee without objection from the
assembly. It was not brought back by the committee for a decision.)

To Address Handbook Issues re Expulsion Process
(Bylaws 2.14, 2.15, 2.16, 2.17)
RESOLUTION 7-11
Overture 7-19 (CW, pp. 256–259)

(B) Composition of Hearing and Final Hearing Panels
(Bylaws 2.14.7.2; 2.15.7.2; 2.17.7.2)

Background

Rationale

During the triennium, concerns related to Bylaw sections 2.14,
2.15, 2.16, and 2.17 (expulsion from Synod membership) were
brought to the attention of the Commission on Handbook. This
overture identifies those concerns and proposes the Commission
on Handbook’s bylaw amendment solutions to the 2013 convention of The Lutheran Church—Missouri Synod.

In order to broaden district representation and to avoid the
appearance of unfairness or the potential for undue influence, the
Commission on Handbook proposes the following changes to the
bylaws governing the composition of dispute resolution and appeal
panels for adoption by the 2013 LCMS convention.

(A) Requests for CCM/CTCR Opinions
(Bylaw 2.14.7.8 [k])
Rationale
It is important that all time requirements provided by bylaw in
the Synod’s expulsion processes be honored, including the 30-day
requirement for the provision of Commission on Constitutional
Matters and Commission on Theology and Church Relations opinions requested as part of the process. To underscore the need for
these commissions to make such arrangements as are necessary to
fulfill this requirement, the Commission on Handbook advocates
the following bylaw changes.
PRESENT/PROPOSED WORDING
2.14.7.8

…
(k) If any part of the dispute involves a specific question of doctrine or doctrinal application, each party
shall have the right to an opinion from the Commission on Theology and Church Relations (CTCR).
If it involves questions of constitution or bylaw
interpretation, each party shall have a right to an
interpretation from the Commission on Constitutional Matters (CCM).
(1) The request for an opinion must be made
through the panel, which shall determine the
wording of the question(s).
(2) The request for an opinion must be made
within 30 days of the final formation of the panel.

R e s olu t i on s

PRESENT/PROPOSED WORDING
2.14.7.2

A Hearing Panel selected as follows, consisting of two
district presidents (excluding the involved district
president[s]) and one reconciler who is a layperson, but excluding the involved district president(s)
selected as follows, shall conduct the hearing:
(a) One district president shall be selected by the
accused.
(b) One district president shall be selected by the
ecclesiastical supervisor who imposed the suspended
status (a district president may not choose himself).
(c) One reconciler who is a layperson shall be chosen
by blind draw from the Synod’s roster of reconcilers,
with the blind draw administered by the Secretary of
the Synod and audited by witnesses.
(d) Each Hearing Panel shall be assisted by a nonvoting hearing facilitator selected according to Bylaw
2.14.2 (j).
(e) No two members of the panel nor the hearing
facilitator shall be from the same district.
(ef) The hearing facilitator shall administrate the
hearing, shall serve as chairman of the panel, and
may draw upon persons and resources asthat he/she
deems necessary for conducting a hearing in a fair
and equitable manner.
(fg) The hearing facilitator shall serve as an advisor
to the panel on the form but not the substance of the
decision.
2 0 1 3 C o n v e n t io n P r o c e e d i n g s

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