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LCMS Convention Workbook St. Louis, Missouri — 2013, Page 261

Scan: The Lutheran Church—Missouri Synod

Transcription machine transcription, uncorrected

Structure and Ecclesiastical Matters

(D) Clarification of Eligibility of District
Reconcilers
(Bylaw 1.10.10)
Rationale
Regarding the service of district reconcilers, current Bylaw
1.10.10 limits the selection of ministers of religion—ordained to “pastors,” (parish pastors actively serving congregations of the Synod),
thereby removing from consideration all other ordained ministers.
The same concern exists in Bylaws 1.10.13.1 and 1.10.15.1. The
Commission on Handbook proposes the following bylaw changes.
PRESENT/PROPOSED WORDING
1.10.10 Within three months after conventions of the Synod, each
district board of directors shall appoint a district roster of four reconcilers (ministers of religion—ordained, ministers of religion—commissioned, and laypersons), no more than two of whom shall be pastors
ordained ministers, from a list supplied by the circuit counselors of the
district.
1.10.13.1 Each Dispute Resolution Panel shall consist of three voting members, at least one of whom shall be a pastorminister of religion—ordained and one a layperson.
1.10.15.1 Each Review Panel shall consist of three voting members,
at least one of whom shall be a pastorminister of religion—ordained,
and at least one a layperson.

(E) Reappointment of Hearing Facilitators
(Bylaw 1.10.12)
Rationale
Current Bylaws 1.10.12–1.10.12.3, which speak of the appointment and service of hearing facilitators, do not address the question
of reappointment after terms of service of six years. The Commission
on Handbook proposes the following addition to Bylaw 1.10.12 to
address this issue.
PRESENT/PROPOSED WORDING
1.10.12 After the training of the reconcilers and in consultation with
the appropriate district presidents, the Secretary of the Synod shall identify 25 of the reconcilers who exhibit skills in the proper conduct of
a fair and impartial hearing to comprise the Synod’s roster of hearing
facilitators, who shall be trained for such purpose.
(a) The term of service shall be six years, renewable without limit.
Within three months after conventions of the Synod, the Secretary
of the Synod shall contact those hearing facilitators whose terms
have been completed to learn of their availability and willingness to
continue for an additional term.
(b) Any vacancies for an unexpired term or resulting from a decision
not to continue at the end of a term of service shall be filled in the
same manner as described above as needed and as requested by the
Secretary of the Synod.

(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.

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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.
PRESENT/PROPOSED WORDING
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.

(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)
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.
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 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. Each Review Panel shall consist of three voting members,
at least one of whom shall be a pastor, and at least one 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:
(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 ….

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

2013 Convention Workbook