LCMS Convention Workbook St. Louis, Missouri — 2013, Page 330

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330

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

4.0 OFFICIAL DUTIES
In addition to the basic duties provided in the constitution, the congregation may want to detail responsibilities further in the bylaws or
in policy manuals, which must be in harmony with the Constitution
and Bylaws of the Synod. Congregations may wish to include provisions regarding the following: retention of the minutes and records of
the secretary as property of the congregation; bonding of the treasurer;
some form of financial review or audit; and the release of mailing lists.
The Treasurer’s Manual provided to all congregations of the Synod is
a helpful resource. If such details are not included in the bylaws, provision may be made for such in job descriptions developed by the church
council or board of directors and, if desired, approved by the voters
assembly. In such case, a paragraph such as the following would be
helpful in the bylaws.
Example:
“Officers and members of boards and committees shall perform the
duties as provided in the constitution. The congregation shall also have
the right to detail and expand upon those responsibilities by the development of job descriptions developed by the church council [board of
directors] and approved by the voters assembly.”
5.0 MEETINGS
The frequency and any other expectations of the meetings of the
voters assembly should be specified in the bylaws of the congregation.
Many states require at least one such meeting annually.
Example:
“The voters assembly shall meet…”
6.0 RULES OF ORDER
In order that all things may be done decently and in order, the rules
governing the conduct of the meetings should be established in the bylaws.
Example:
“In addition to principles laid down in Scripture and in the constitution and bylaws of this congregation, accepted parliamentary procedures such as Robert’s Rules of Order shall be followed.”
7.0 AMENDMENTS
It is essential that provision be made in the bylaws for amending the
bylaws. Congregations which revise their bylaws must also submit these
proposed changes for review by their district’s constitution committee.
Upon favorable action by the district board of directors, the congregation shall be notified that the changes are acceptable to the Synod, and
the congregation may proceed with formal adoption of the revised bylaws and remain a member in good standing of the Synod.
Example:
“These bylaws may be amended in a properly convened meeting of
the voters assembly.
7.1 Amendments shall be adopted by a majority of all votes
cast, provided the proposed change has been announced
in a previous meeting or has been submitted in writing at
least two weeks prior to the meeting to all communicant
members.
7.2 The revised bylaws shall, as a condition of continued
membership in good standing of The Lutheran Church—
Missouri Synod, must be submitted to the president
of the district for review by the district’s constitution
committee and favorable action by the district’s board of
directors before being adopted by the congregation.”

(Adopted Nov. 2–4, 2012)
2013 Convention Workbook

Special Hearing Panel Procedures and Role
of the Administrator (12-2660)
A request having two parts was submitted to the commission by
a Final Hearing Panel, with each part containing several questions.

Part 1
The panel referenced a single statement from CCM Opinion 022303: “The Commission rules that the [special] panel itself shall establish the procedure it wishes to follow to reach a decision.” Four
questions were then asked regarding the meaning of this statement.
Opinion Introduction
The commission notes that CCM Opinion 02-2303 dealt with the
question of the disqualification of members of a Dispute Resolution
Panel. The following portions of Opinion 02-2303 put the current
request into context:
A party to a dispute in a September 3, 2002 letter asked a series of
questions regarding Bylaw 8.17 relating to the procedure to be followed
if a party to a dispute alleges that a member of a Dispute Resolution
Panel has actual partiality or the appearance thereof…
Question 2: Who determines the procedure to be followed by the disqualification panel to reach a decision?
Opinion: The bylaw is silent on this issue also. The Commission rules
that the panel itself shall establish the procedure it wishes to follow to
reach a decision. Thus, the panel may choose to reach a decision based
on written materials submitted by the parties to the dispute; the panel
may decide to hold a formal hearing attended by the parties and may
follow the procedure used by a Dispute Resolution Panel, if deemed
necessary. The procedure to be followed should be sufficient to allow
the panel to make an informed decision.

The commission notes that the Synod has made several significant
changes in the Handbook since 2001. In the 2001 Handbook, Chapter
8 of the Bylaws was used both for resolving disputes between members of the Synod and for reaching a final decision regarding terminating membership in the Synod. In 2004, the process of termination
from membership was significantly modified, and expulsion from
membership in the Synod was given its own set of bylaws, sections
2.14–2.17. The 2001 process for resolving disputes between members
of the Synod, while essentially the same, was thoroughly revised
and became section 1.10 of the Bylaws. In addition, the Synod has
now authorized the development of a detailed Standard Operating
Procedures Manual (SOPM) for each of these sections.
Regulation “N” of Section II of the 2.14 SOPM deals with the
disqualification of ecclesiastical supervisors or panel members. The
fourth paragraph states:
Any party may challenge the eligibility of a panel member or hearing facilitator to serve. In the event that the service of a panel member
or hearing facilitator is challenged and the panel member or hearing
facilitator disagrees with the challenge, the question shall be decided by
a panel of three district presidents not involved in the case, selected by
blind draw by the Secretary of the Synod for this purpose. In the event
of disqualification of a panel member, another panel member shall be
selected in the same manner as the disqualified member was selected.

Regulation “N” provides a mechanism to resolve the objection
but provides no further guidance regarding the procedure this special
panel is to follow in reaching its decision.
The Bylaws of the 2010 Handbook do not prescribe a procedure
for the process to be used by a special panel to decide on the disqualification of a member of a Hearing Panel or a Final Hearing Panel.
However, the procedures laid out in various other sections of Bylaws
2.14.6–2.14.7.8 and 2.14.9.2 as well as the 2.14 SOPM do provide