LCMS Convention Proceedings St. Louis, Missouri — 2016, Page 218

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the Referral Panel shall consist of three district presidents selected by a blind draw administered by the
chairman of the Council of Presidents and audited
by witnesses. Such panel, which shall exclude any
involved district president, shall function as set forth
hereafter.
2.17.5.2

After reviewing the accusation and the results of
the investigation, the Referral Panel shall make the
determination whether or not to initiate formal proceedings.

2.17.45.23 Whether made by the district president or the Referral
Panel, if If the determination of the district president
or the President of the Synod is not to initiate formal
proceedings, the district president he shall in writing so inform the accuser, any other district president
involved, and the involved member, which shall terminate the matter, unless the accuser presents the
written complaint or accusation to the President of
the Synod or Chairman of the Council of Presidents
as provided below (Bylaw 2.17.4.3).
2.17.45.34 If the district president (or the President of the Synod
in the case of a district president or officer of the
Synod) declines to suspend the member or fails to
act within 9060 days after receipt of the formal written complaint or accusation, the accuser may present
the a formal written request complaint or accusation
to the President of the Synod (or in the case of a district president or officer of the Synod to chairman of
the Council of Presidents).to the district president
for the forming of the Referral Panel, which request
the district president must grant. If the provisions of
Bylaw 2.17.4 have not been carried out, the Referral
Panel shall carry out these provisions in the process
of making its determination whether or not to initiate formal proceedings.
(a) In the case of an individual member, if, after
investigation, the President of the Synod determines that the facts are such that it could lead to
expulsion of the member under Article XIII of
the Constitution, the President of the Synod shall
designate one of the vice-presidents of the Synod
to proceed in the same fashion as is hereafter
required of the district president. If the President of the Synod determines not to proceed, he
shall in writing so inform the complainant and
the involved member, which shall terminate the
matter.
(b) In the case of a district president or officer of
the Synod, if, after investigation and consultation
with other members of the Council of Presidents,
if deemed necessary, the chairman of the Council of Presidents determines that the facts are
such that it could lead to expulsion of the member under Article XIII of the Constitution, he
shall proceed in the same fashion as is hereafter
required of the district president. If the chairman
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U P O N T H I S R O C K • Resolutions

of the Council of Presidents determines not to
proceed, he shall in writing so inform the complainant and the involved member, which shall
terminate the matter.
Commencing Formal Proceedings
2.17.56
If the appropriate district president or the President
of the Synod or the chairman of the Council of Presidents or the Referral Panel, which ever the case may
be, concludes that the facts form a basis for expulsion
of the member under Article XIII of the Constitution, the appropriate ecclesiastical supervisor in
commencing formal proceedings shall …
[The following Addendum is the entire CCM Opinion 16-2791:]
Addendum
174. Constitutionality of Historical Appeal to President and
Praesidium in Expulsion Cases (16-2791)
On May 29, a member of the Synod and of a convention floor
committee developing its responses to overtures submitted to
the 2016 convention requested an opinion of the commission:
Question: “In the event that a district president did not take
action in matters of expulsion, was the process operative in the Bylaws between 1956 and 2004, enabling
the President of the Synod or the Praesidium of the
Synod to initiate proceedings and present charges in
an expulsion matter, in violation of the Constitution
of the Synod?”
Opinion: Requested is an interpretation of the Synod’s Constitution as to whether the bylaws that existed between 1956 and
2004 governing matters of expulsion were then, or would be
now, consistent with and not contradicting the Constitution
(Constitution Art. XIV). This opinion will deal first with the
provision as it first stood (1956­­–1989), conferring upon the
President of the Synod’s authority to initiate formal proceedings when district officials failed to act. It will then deal with
the provision as subsequently amended (1989–2004) to confer
essentially the same authority upon the Praesidium instead.
1. Constitutionality of the 1956–1989 provision for the initiation of expulsion proceedings by the Synod President, should
the district president fail to act.
The provision in question was adopted by the 1956 convention
as follows (italicized portion) and remained essentially intact
1
until 1989:
5.23 Ineligibility for Service
If the member involved is a pastor, professor, or
teacher, and his offense makes him ineligible for
further official service in the church and he pleads
guilty, the District President shall publish in the official organs of Synod the fact that he is ineligible for
service and shall so report to the District. In case the
President of the District is charged with any action
that would disqualify him for office, the Vice-Presidents of the District shall initiate proceedings, and
the First Vice-President shall act. If the District offi“12. Ecclesiastical Supervision and Dispute Resolution”