LCMS Convention Proceedings St. Louis, Missouri — 2013, Page 187

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(F) Additional Synod Expulsion Processes
(Bylaw 2.17.3 [b])
Rationale

PRESENT/PROPOSED WORDING
2.16.4

Bylaw 2.17.3 (b) neglects to mention other expulsion processes
that should be given consideration when a district president discusses with an accuser the question of which section of the Synod’s
Bylaws would be appropriate for use under the circumstances. The
Commission on Handbook advocates the following amendment to
add reference to other expulsion processes.
PRESENT/PROPOSED WORDING
Consultation
2.17.3

Prior to any formal written complaint or accusation,
when any person is aware of information or facts that
could lead to the expulsion of an individual member from the Synod, including a district president, an
officer of the Synod, or the President of the Synod,
under Art. XIII of the Constitution for alleged sexual misconduct or criminal behavior, the person shall
consult with the appropriate ecclesiastical supervisor,
which would be a district president of the Synod or
the President of the Synod, to seek advice, direction,
and spiritual ministry as the needs and circumstances
dictate. If the accused is the President of the Synod,
the person shall consult with the chairman of the
Council of Presidents. In regard to this consultation:
(a) The appropriate ecclesiastical supervisor may consult with any others as considered appropriate under
the circumstances.
(b) If the accuser is a member of the LCMS or a
member of an LCMS congregation, the ecclesiastical supervisor shall discuss with the accuser whether
this bylaw provision or Bylaw section 1.10 or Bylaw
sections 2.14, 2.15, or 2.16 are is appropriate under
the circumstances.
(c) The ecclesiastical supervisor shall provide evangelical supervision, counsel, and care.
(d) The ecclesiastical supervisor shall advise the
accuser that it is understood that he/she shall not be
put under risk by requiring the accuser to meet faceto-face with the accused in the manner described in
Matthew 18:15. However, the reputation of all parties, the accuser and the accused, is to be protected as
commanded in the Eighth Commandment.

(G) Commencing a Bylaw section 2.16 Expulsion Action
(Bylaw 2.16.4)
Rationale

Under this bylaw (Bylaw section 2.16), the chairman
of the Council of Presidents, acting on behalf of the
district presidents, shall commence the following
action when he officially receives becomes aware of
information or allegations that could lead to expulsion of the President of the Synod from the Synod
under the provisions of Art. XIII of the Constitution
by such information or allegations being conveyed
to him in a formal written complaint or accusation
made by a district president of the Synod who has
carried out the above provisions (paragraph 2.16.3).
…

(H) Council of Presidents Composition in Bylaw 2.16.5.3 Role
(Bylaw 2.16.5.3)
Rationale
Conflict of interest concerns could arise should the Praesidium
of the Synod be included in Council of Presidents decision-making
as part of the Bylaw section 2.16 expulsion process. The Commission on Handbook proposes the following amendment to Bylaw
2.16.5.3 to avoid such concerns.
PRESENT/PROPOSED WORDING
2.16.5.3

Whether made by the chairman of the Council of
Presidents or the Referral Panel, in the recommendation whether or not to initiate formal proceedings,
the chairman of the Council of Presidents shall bring
the matter to the full Council of Presidents for hearing the recommendation, for discussion, and for vote.

(a) An affirmative vote to proceed, by written ballot
of at least 51 percent of the total number of district
presidents (the collective ecclesiastical supervisors
elected by the districts), shall be required for the
determination to initiate formal proceedings. Any
district president that is a party to the matter shall
be excluded from voting.
(b) If the result of the vote is not to initiate formal
proceedings, the chairman shall in writing so inform
the accuser and the President of the Synod, which
shall terminate the matter.
(c) If the results of the vote require the case to proceed, the chairman shall proceed as hereafter
required.
Action: Adopted (5)
(Res. 7-11 was adopted as presented [Yes: 770; No: 38] without
discussion.)

Bylaw 2.16.4 is inconsistent in its provisions that the chairman
of the Council of Presidents is required to commence action when
“he becomes aware of information or allegations” and when, on the
other hand, “information or allegations [are] conveyed to him in
a formal written complaint or accusation made by a district president of the Synod.” The Commission on Handbook proposes the
following amendment to the bylaw.
R e s olu t i on s

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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