LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 43

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(3) An agreement or decision has been contested or appealed outside the Synod’s
process;
(4) An action has been brought against the Synod or its representatives as a result of a
related matter;
(5) The Synod or its representatives deem it appropriate to discuss a case with the church
leaders of parties;
(6) The Synod or its representatives deem it necessary to contact appropriate civil
authorities to prevent personal harm.
(d) In spite of these confidentiality protections, some of the information discussed during
panel proceedings may become discoverable outside the process and used in other legal
proceedings, for which the Synod and its representatives shall have no liability.
R. Communication with and Deportment of Panel Members: Except as provided in this manual,
neither the accuser nor the accused or anyone on their behalf shall communicate, either directly or
indirectly, with the panel or a panel member without the full knowledge of the other. All other
communication shall take place at joint meetings. A panel may decide at any time during the
process not to accept any communication outside of joint meetings or hearings.
In the interest of the integrity, trustworthiness, and credibility of the Bylaw section 2.15 process
in the eyes of all parties, the hearing facilitator and panel members shall take care consistently to
conduct themselves in a professional manner, maintaining objectivity and impartiality and
avoiding all appearance otherwise, treating all parties equally and fairly, and pursuing no
relationship with any of the parties to the dispute until after a final decision has ended the process.
S. Exclusion from Liability: All parties agree not to hold the Synod, its ecclesiastical supervisors,
its panels, and all panel members liable for any acts or omissions that occur during the process
described in Bylaw section 2.15 and in this manual.
T. Involvement of Insurers: If a dispute involves an alleged injury or damage that may be covered
by a party’s insurance, the insurer shall be notified and may be invited to participate in the Bylaw
section 2.15 process in order to facilitate a prompt solution. In the event that an insurer decides to
participate in the process, the insurer must also agree to be bound by its final decision.
U. Involvement of a Party’s Congregation: Sinful words and actions of a party are a concern of that
party’s congregation (Matt. 18:15–20; 1 Cor. 5:1–13; Gal. 6:1–2), as when a party fails to
acknowledge and confess a serious sin or fails to demonstrate repentance, or especially when a
party has his/her membership in the Synod terminated. When the membership of a party called by
a congregation is terminated, this has serious ramifications for the calling congregation (Bylaw
section 2.5). The ecclesiastical supervisor shall forward a copy of the decision to terminate to the
party’s congregation, urging the congregation to review the matter and take appropriate steps to
fulfill its scriptural and Synod-related responsibilities.
V. Continuation of Support: When a matter involves an individual’s membership, the calling or
contracting body shall be encouraged to continue the member’s financial support and existing
housing and insurance benefits until a final decision is rendered (Bylaw 2.15.9.1).
W. Right to Object: If any party learns that any provision of this Standard Operating Procedures
Manual has not been complied with and fails to object in writing within three (3) days after
learning that the provision has not been complied with, the party shall be deemed to have waived
the right to object. Issues raised in a timely manner shall be considered and resolved by the
appropriate panel (Bylaw 2.15.9.2).

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