LCMS Convention Proceedings St. Louis, Missouri — 2013, Page 184

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2.15.7.2

A Hearing Panel selected as follows, consisting of two
district presidents (excluding the involved district
president[s]) and one reconciler who is a layperson,
selected as follows, shall conduct the hearing:
(a) One district president shall be selected by the
accused (a district president, if he is the accused, may
not choose himself).
(b) One district president shall be selected by the
President of the Synod.
(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.

2.17.7.2

(ef) The hearing facilitator shall administrate the
hearing and may draw upon persons and resources
that 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.
(gh) If a Referral Panel was formed, the three district
presidents that served in that capacity are not eligible
to serve on a Hearing Panel.
A Hearing Panel consisting of two district presidents
(excluding the involved district president[s]) and one
reconciler who is a layperson, 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 that he deems
necessary for conducting a hearing in a fair and equitable manner.

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2 0 1 3 C o n v e n t io n P r o c e e d i n g s

(fg) The hearing facilitator shall serve as an advisor
to the panel on the form but not the substance of the
decision.
(C) Disqualification of Panel Members or Hearing Facilitators
(Bylaw 2.14.7.8)
Rationale
Bylaw section 1.10 “Dispute Resolution of the Synod” contains
subsection 1.10.16 “Disqualification,” which provides guidance
regarding the disqualification of reconcilers, panel members, and
hearing facilitators from participation in the dispute resolution
process due to “actual partiality or the appearance thereof.” The
absence of such provisions in the Synod’s expulsion processes has
been remedied in the Standard Operating Procedures Manuals
accompanying the expulsion processes. Believing, however, that
inclusion of such provision in the bylaws governing expulsion from
membership in the Synod is important, the Commission on Handbook proposes the adoption of the following new paragraph (h) for
Bylaw 2.14.7.8.
PRESENT/PROPOSED WORDING
2.14.7.8

…

(h) Any party and/or parties to a dispute shall have the
right to request disqualification of a panel member or
hearing facilitator. The standard for disqualification
shall be actual partiality or the appearance thereof. If
that individual does not agree to the disqualification,
the decision shall be made by a separate three-member panel of district presidents not involved in the
case, selected as follows.
(1)Nine names shall be selected by blind draw by
the Secretary of the Synod or his representative,
to be mailed to each party with the opportunity
to strike up to three of the names from the list, to
be returned to the Secretary of the Synod within
one (1) week after receipt.
(2)The Secretary of the Synod shall correct any
problem with the list, using the blind draw process as necessary. No member of the panel shall be
from the district in which the dispute arose or any
district of any party to the dispute. No two panel
members shall be from the same district.
(3)In the event that additional names are needed,
three names shall again be selected in the manner
set forth above, which names shall be submitted
to each party with the right to strike one name
before returning the list to the Secretary of the
Synod within one week.
(4)In the event that a panel member or hearing
facilitator is disqualified, another individual shall
be selected in the same manner as the disqualified
member was selected.
[Current paragraphs (h)–(k) will be re-lettered (i)–(l) or as
appropriate.]

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