LCMS Convention Workbook St. Louis, Missouri — 2013, Page 257

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Structure and Ecclesiastical Matters
(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.
2.15.7.2 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.
(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.
2.17.7.2 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.
(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

257

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.]

(D) Right of Certain Suspended Members
to Request Hearing Before Final Hearing Panel
(Bylaws 2.14.8; 2.15.8; 2.17.8)
Rationale
At times, suspended members (not unavoidably detained) fail to
attend the hearing which they requested in order to appeal their suspension and expulsion from the Synod. According to current bylaws,
they may nonetheless request and be granted a second hearing before
a Final Hearing Panel. At question is whether such members should be
provided opportunity to request a second hearing, given their failure
to use their first opportunity to present their case and given the significant expenditures of time and resources required to call together
a second panel. The Commission on Handbook proposes the following additions to current Bylaw sections 2.14, 2.15, and 2.17 to remove
opportunity to request a second hearing (before a Final Hearing Panel)
when the accused, unless unavoidably detained, has failed to appear
before the earlier Hearing Panel.
PRESENT/PROPOSED WORDING
2.14.8 Within 15 days after receiving the decision of the Hearing
Panel, the accused (if an active participant in the hearing before the
Hearing Panel) or the President of the Synod if a question of doctrine
or practice is involved (Constitution, Art. XI B 1–3) may request a final
hearing.
2.15.8 Within 15 days after receiving the decision of the Hearing
Panel, the accused (if an active participant in the hearing before the
Hearing Panel), or the President of the Synod if a question of doctrine
or practice is involved (Constitution, Art. XI B 1–3) may request a final
hearing.
2.17.8 Within 15 days after receiving the decision of the panel, the
accused (if an active participant in the hearing before the Hearing Panel)
may request a final hearing.

2013 Convention Workbook