LCMS Convention Workbook St. Louis, Missouri — 2013, Page 262

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262

Structure and Ecclesiastical Matters

on Handbook proposes the following bylaw additions to include these
SOPM provisions in the Handbook of the Synod.

that necessarily takes place during a hearing. For these reasons, the
Commission on Handbook advocates the following bylaw changes.

PRESENT/PROPOSED WORDING

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, and unless it is clear that the absence of
such evidence resulted in a gross miscarriage of justice.
(d) The standards of review, which define the parameters for the panel’s
consideration of an appeal, limit the panel’s review to three basic
areas:
(1) Factual findings: The Appeal Panel shall review factual
findings of the Dispute Resolution Panel only to determine
if they are supported by evidence. The Appeal Panel shall
not ordinarily sit in judgment of the Dispute Resolution
Panel’s conclusions regarding evidence, since that panel
was in the best position to judge factual issues. The
Appeal Panel must be convinced that a mistake has been
committed, that is, that the evidence is such that reasonable
minds could not disagree.
(2) Conclusions on authority: The Appeal Panel may approve an
appeal if the Dispute Resolution Panel was clearly outside
its authority, e.g., a decision that the panel had no authority
to make under the Constitution and Bylaws, or a decision
on an issue not identified by the Dispute Resolution Panel,
or a decision on a theological question that the panel had no
authority to make.
(3) Discretionary acts: The Appeal Panel may approve an
appeal if there was a clear abuse of discretion impacting
the decision of the Dispute Resolution Panel, resulting in a
gross miscarriage of justice, or that involves an obvious and
inappropriate bias or prejudice.

(I) Responsibilities of the Review Panel
(Bylaw 1.10.8.4)
Rationale
If an Appeal Panel grants a request for reconsideration of the
decision of a Dispute Resolution Panel and the matter goes before a
Review Panel, current bylaws advocate that the panel “shall generally
decide the issue on the record without further formal hearing,” though
they also allow the panel to “follow the procedure used by a Dispute
Resolution Panel if deemed necessary.” In practice, this bylaw has
been found to be less than realistic in its advocacy of deciding disputed matters solely on the record of the Dispute Resolution Panel.
In most cases, a serious error by the earlier panel is the reason for
granting a request for reconsideration by Review Panel. In addition,
the written record cannot convey the oral testimony and conversation

2013 Convention Workbook

Procedure of a Review Panel
1.10.8.4 If an appeal is granted, the Secretary of the Synod, or his
representative, shall, within 21 days, select a Review Panel in the prescribed manner (Bylaws 1.10.15ff.). The Review Panel shall generally
decide the issue by following the procedure used by a Dispute Resolution Panel (Bylaws 1.10.7ff.)on the record without further formal hearing but may follow the procedure used by a Dispute Resolution Panel
decide the issue on the record without further formal hearing if deemed
necessary sufficient and appropriate.

(J) Special Three-Member Panel
(Bylaw 1.10.16.1–1.10.16.2)
Rationale
From time to time the need arises for a decision by the “separate
three-member panel of reconcilers” referred to in Bylaw 1.10.16.1.
The current bylaw offers no instruction regarding this panel other
than that it shall be “drawn for that purpose according to the SOPM.”
Questions have resulted regarding the selection and performance of
this panel. The Commission on Handbook proposes the following
changes to the bylaw.
PRESENT/PROPOSED WORDING
1.10.16.1 Any party and/or parties to a dispute shall have the right
to request disqualification of a reconciler, panel member, or hearing
facilitator. If that individual does not agree to the disqualification, the
decision shall be made by a separate three-member panel of reconcilers
drawn for that purpose according to the SOPM.
(a) Nine names shall be selected by blind draw from the Synod’s roster
of reconcilers.
(b) The list shall be mailed simultaneously to each party, who shall be
entitled to strike up to three names. The list shall be returned to the
Secretary of the Synod within one week after receipt.
(c) The Secretary of the Synod shall correct any problem with the list.
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. If more names remain than
are needed, the final selection shall be made by blind draw.
(d) In the event that additional names are needed, three names will be
selected in the manner set forth above, which names shall be submitted to each party, who shall have the right to strike one name before
returning the list to the Secretary of the Synod within one week.
1.10.16.2 In the event that a reconciler, panel member, or hearing
facilitator is disqualified, another individual shall be chosen by blind
drawaccording to the SOPM.
(a) Three names shall be selected by blind draw from the Synod’s roster
of reconcilers or hearing facilitators as appropriate.
(b) The list shall be mailed simultaneously to each party, which shall be
entitled to strike one of the names. The list shall be returned to the
Secretary of the Synod within one week after receipt.
(c) The Secretary of the Synod shall correct any problem with the list.
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. If more names remain than
are needed, the final selection shall be made by blind draw.
(d) 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.