LCMS Convention Proceedings St. Louis, Missouri — 2023, Page 214

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10. ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
Training occurs within six months following a national Synod
convention (Bylaw 1.10.10). At that training it is determined
which of the new reconcilers might be useful as hearing
facilitators (Bylaw 1.10.12), and those, after consultation, are
appointed such, as vacancies on the roster of hearing
facilitators require. At that point, it is impossible for vacancies
on the district rosters of reconcilers to be filled (meaningfully)
as the training has already occurred and will not occur for
another three years (Bylaw 1.10.10). The last portion of Bylaw
1.10.12 (a), added in 2016, is therefore problematic—unless
one is to bar the present year’s trainees from becoming
hearing facilitators, which would pose a practical problem.
It may be possible to fill some of the hearing facilitator
vacancies with previously trained reconcilers—but not if the
vacancies are only addressed three months after the Synod
convention, with training being provided within the six
months after the convention.
Therefore be it
Resolved, That Bylaw 1.10.12 be amended as follows:
PRESENT/PROPOSED WORDING
Hearing Facilitators
1.10.12
After the training of the reconcilers and in
consultation with the appropriate district presidents, the
Secretary of the Synod shall maintain a roster of 25 hearing
facilitators selected from the roster of trained reconcilers.
They may be ordained ministers, commissioned ministers,
or laypersons and shall exhibit skills in the proper conduct
of a fair and impartial hearing. They shall receive training
for such purpose.
(a) Their term of service, monitored by the Secretary of
the Synod, shall be six years, renewable without limit.
Within three months after Beginning six months before
even-numbered conventions of the Synod (e.g., 64th in
2010, 66th in 2016, 68th in 2023, etc.), the Secretary of
the Synod shall contact all hearing facilitators to learn of
their availability and willingness to continue for an
additional term. Resulting vacancies on the roster of
hearing facilitators shall be filled by the Secretary of the
Synod from the Synod roster of reconcilers (whether
already serving, before the convention, or, being newly
appointed, after their post-convention training) after
consultation with the appropriate district presidents. in
time for resulting vacancies on district rosters of
reconcilers to be filled by appointment by district boards
of directors.
(b) Any vacancy in an unexpired term shall be filled in
the same manner as described above.

instructions provided in the Bylaws and Standard Operating
Procedures Manual is essential for uniformity and good order
as reconcilers do their important work.” This is equally true
for the work of hearing facilitators, who are to exhibit specific
skills “in the proper conduct of a fair and impartial hearing”
(Bylaw 1.10.12). No provision currently exists for the removal
for cause of a hearing facilitator. In the impression of the
process administrator and commission, this is a need that
could conceivably arise, and that should be provided for in the
Bylaws.
Therefore be it
Resolved, That Bylaw 1.10.12.4 be amended as follows:
PRESENT/PROPOSED WORDING
Hearing Facilitators
1.10.12.4 A hearing facilitator may be removed for cause
according to the Bylaws and the Standard Operating
Procedures Manual from Synod’s roster of hearing
facilitators by Synod’s Board of Directors upon report of the
administrator of the dispute resolution process after
consultation with the President of the Synod.
and be it further
Resolved, That Bylaw 1.10.10.4 be amended as follows:
PRESENT/PROPOSED WORDING
District Reconcilers
1.10.10.4 A reconciler may be removed for cause according to
the Bylaws and the Standard Operating Procedures Manual
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.
D. APPEAL PANEL DETERMINATIONS (COH 19-009C)
Rationale

C. REMOVAL OF HEARING FACILITATORS FOR CAUSE
(COH 19-003)

In Bylaw sections 2.14–2.17, dealing with formal process for
expulsion from the roster of the Synod, a suspended member
(individual or congregation) may request a hearing of the
matter by a Hearing Panel (Bylaw 2.14.7). Upon the issuance
of a decision by that panel, the suspended member,
suspending ecclesiastical supervisor or, in some
circumstances, the President of the Synod may request an
appeal (Bylaw 2.14.8). The appeal request is considered by an
Appeal Panel, which determines on the basis of specific
criteria (Bylaw 2.14.8 [d]) whether the decision of the Hearing
Panel will stand, or whether the matter will be forwarded to a
Final Hearing Panel. The language of Bylaws 2.14.8 (e), 2.15.8
(e), and 2.17.8 (e) seems to suggest only an appeal by the
suspended member of a decision to uphold the suspension.
This language should be clarified.

Rationale

Therefore be it

Bylaw 1.10.10.4, added by 2013 Res. 7-12A (part E) at the
request of the COH and the Secretary of the Synod, who
administers the dispute resolution process, allows for
reconcilers to be removed for cause, should the need arise. As
that resolution noted, “Strict adherence by reconcilers to the
214 | PROCEEDINGS OF THE 2023 (68TH) LCMS CONVENTION

Resolved, That Bylaw 2.14.8 (e) be amended as follows:

Resolutions