LCMS Convention Proceedings St. Louis, Missouri — 2013, Page 190

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(F) Removal of Reconcilers from Office
(New Bylaw 1.10.10.4)
Rationale
The administrator of the dispute resolution process surfaced the
issue of the absence of a provision in the Bylaws for the removal of
district-appointed dispute resolution process reconcilers (Bylaw
section 1.10). Strict adherence by reconcilers to the instructions
provided in the Bylaws and Standard Operating Procedures Manual is essential for uniformity and good order as reconcilers do
their important work. Given the absence of any bylaw provision
to allow a reconciler to be removed for cause, the Commission on
Handbook proposes the following bylaw addition for adoption by
the 2013 LCMS convention.

of religion—ordained, and at least one a layperson.
(a) Nine names shall be selected by a blind draw
according to the SOPM from the roster of reconcilers of the Synod.
(b) No member of a panel shall be from the district in
which the dispute arose or, if it is a Synod question,
from any district in which a party holds membership. No two members of a panel shall be from the
same district.
(c) The list. …
1.10.15.2 The hearing facilitator shall be selected as follows:

1.10.10.4 A reconciler may be removed for cause from a district’s roster of reconcilers by that district’s board of
directors upon report of the administrator of the dispute resolution process after consultation with the
president of the district.

(a) Three names shall be selected by a blind draw
according to the SOPM from the hearing facilitator
roster.
(b) No hearing facilitator shall be from the district in
which the dispute arose or from any district in which
a party holds membership or from any of the panel
members’ districts.
(c) The list ….

(G) Composition of Dispute Resolution and Appeal Panels
(Bylaws 1.10.13.1, 1.10.13.2, 1.10.15.1, 1.10.15.2)

(H) Responsibilities of an Appeal Panel
(Bylaw 1.10.8.2)

PRESENT/PROPOSED WORDING

Rationale

Rationale

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.

Current Bylaw 1.10.8.2 provides no detail regarding the responsibilities of an Appeal Panel. Such responsibilities and accompanying
guidelines are currently provided in detail in the Bylaw section 1.10
Standard Operating Procedures Manual (SOPM). The Commission
on Handbook proposes the following bylaw additions to include
these SOPM provisions in the Handbook of the Synod.

PRESENT/PROPOSED WORDING
1.10.13.1	Each Dispute Resolution Panel shall consist of three
voting members, at least one of whom shall be a
pastor minster of religion—ordained and one a layperson.
(a) Nine names shall be selected by a blind draw from
the dispute resolution roster.
(b) No member of a panel shall be from the district in
which the dispute arose or, if it is a Synod question,
from any district in which a party holds membership. No two members of a panel shall be from the
same district.
(c) The list. …
1.10.13.2 The hearing facilitator shall be selected as follows:
(a) Three names shall be selected by a blind draw
according to the SOPM from the hearing facilitator
roster.
(b) No hearing facilitator shall be from the district in
which the dispute arose or from any district in which
a party holds membership or from any of the panel
members’ districts.
(c) The list. …
1.10.15.1	Each Review Panel shall consist of three voting members, at least one of whom shall be a pastorminister
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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

PRESENT/PROPOSED WORDING
1.10.8.2

Within 30 days after receipt, an Appeal Panel shall be
selected in the prescribed manner, and the Secretary
of the Synod shall send the appeal to each member.
(a) Copies of the entire official record of the case,
including the full report of the reconciler, the decision and all documentary evidence considered
by the Dispute Resolution Panel, and the written
appeal request shall be provided to the members of
the panel. The panel shall make its decision on the
basis of the minutes and written decision of the Dispute Resolution Panel and the documentary evidence
received and reviewed.
(b) The panel shall concern itself only with those
issues originally addressed by the Dispute Resolution
Panel, unless issues were identified by the Dispute
Resolution Panel for which it did not make a decision.
(c) The panel shall decide only whether to approve
reconsideration of the decision of the Dispute Resolution Panel. The panel shall not approve a request
for a new hearing on the basis of newly discovered
evidence unless such evidence was clearly not available to the Dispute Resolution Panel and was not the
fault of the party requesting the reopening of the case,
R e s olu t i on s