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LCMS Convention Workbook St. Louis, Missouri — 2013, Page 259

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

Structure and Ecclesiastical Matters
Final Hearing Panel
2.14.98.1 Within 30 days after the receipt of the decision of the Appeal Panel granting the request for reconsideration of the decision of
the Hearing Panelthe request, a Final Hearing Panel shall be selected.
(a) The panel shall be constituted in the same prescribed manner as
described in Bylaws 2.14.7.2–2.14.7.6, except that the two district
presidents, the reconciler, the hearing facilitator that provided assistance to the Hearing Panel, and the involved district presidents are
omitted from consideration for the Final Hearing Panel.
(b) The procedures for the final hearing shall be the same as prescribed
in Bylaws 2.14.7.6–2.14.7.8.
(c) The chairman of the Hearing Panel shall provide the Final Hearing
Panel with a written statement of the matter and the Hearing Panel’s
report, minutes, records, and proceedings.
2.14. 89.1.2 Upon completion of the hearing by the Final Hearing
Panel ... [same as current wording of 2.14.8.2]
[Current Bylaws 2.14.9–2.14.9.3 will be renumbered 2.14.10–2.14.10.3.]

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

259

(G) Commencing a Bylaw section 2.16 Expulsion
Action
(Bylaw 2.16.4)
Rationale
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.
PRESENT/PROPOSED WORDING
2.16.4 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). …

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.

(H) Council of Presidents Composition in Bylaw
2.16.5.3 Role
(Bylaw 2.16.5.3)

PRESENT/PROPOSED WORDING

Rationale

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 face-to-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.

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.

Commission on Handbook
7-20

To Address Handbook Issues re Dispute Resolution
Process (Bylaw Section 1.10)
Introduction
During the triennium, concerns related to Bylaw section 1.10 (dispute resolution) were brought to the attention of the Commission
on Handbook. This overture identifies those concerns and advocates
2013 Convention Workbook