Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 2011 › Page 46

LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 46

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Source: The Lutheran Church—Missouri Synod (files.lcms.org)

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IV. Flow Chart Detail for Bylaw Section 2.15
1. Consultation with District or Synod President (Bylaw 2.15.3)
1.1 Member consults with district president or Synod president; receives manual
When a member congregation or individual member of the Synod is aware of information which could
lead to the expulsion of a district president or an officer of the Synod from the Synod’s membership
under Article XIII of the Constitution, prior to any formal written complaint or accusation the member
shall consult with the member’s district president or with the President of the Synod if the member’s
district president is the accused… [2.15.3]
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The right and responsibility to bring forward information which could lead to expulsion of a member from
the Synod is reserved only for members of the Synod, that is, its congregations and ministers of religion—
commissioned and ordained.
When a member congregation brings forward a complaint or accusation, it shall be represented by its
chairman or a designated member of the congregation.
The representative of the congregation or the individual member bringing forward an accusation or
complaint shall meet with its/his/her district president as ecclesiastical supervisor or the President of the
Synod if the accused is the member’s district president prior to presenting a formal complaint or accusation.
The meeting of the accuser/complainant and the district president or President of the Synod shall be private
and no formal record shall be kept of the discussion. The complainant shall be provided with a copy of
Bylaw 2.15.3 and a copy of this Standard Operating Procedures Manual to guide the discussion.
Throughout the consultation with the accuser, it is also the responsibility of the district president or the
President of the Synod to provide counsel and care in an evangelical manner, doing everything possible to
avoid harm to the reputations of the parties involved in the matter.

1.2 District/Synod President helps determine correct process to follow
…to seek advice and also so that it can be determined whether this is the appropriate bylaw procedure
(Bylaw section 2.15) or whether the matter falls under Bylaw sections 2.14, 2.17, or 1.8, or dispute
resolution under Bylaw section 1.10. [2.15.3]
(b) The district president or the President of the Synod shall require the accuser to follow the correct
bylaw provision under the circumstance, and shall provide for evangelical supervision, counsel, and
care to the persons involved. [2.15.3 (b)]
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It is the sole responsibility of the district president or President of the Synod to evaluate the information
that is being shared and to provide proper direction to the accuser regarding the proper bylaw process to be
used. Much rests upon the good judgment of the district president or the President of the Synod, since his
decision shall be followed.
It is the responsibility of the district president or the President of the Synod also to provide counsel and care
to the accuser and to other congregations and individuals who may become involved. He may request
assistance from circuit counselors and others as necessary.
The district president or the President of the Synod shall, as appropriate, inform the ecclesiastical
supervisor of the accused that this consultation is underway. To protect the reputations of all involved, this
conversation shall be held in strict confidence.
As part of informing that a consultation is underway, the district president of the accuser or the President of
the Synod shall share information that has been provided to him with the ecclesiastical supervisor of the
accused, inviting such response as will assist him in providing proper direction to the member who has
come forward with the information.
The ecclesiastical supervisor of the accused shall provide all relevant information to the ecclesiastical
supervisor of the accuser. To do so, he shall consult with the accused, providing a copy of this Standard
Operating Procedures Manual at first contact.
It is essential that these conversations and exchanges of information consistently reflect a presumption of
innocence.

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