LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 50

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interviews shall be prepared for inclusion in the official record of the case. Other documents that surface
during the investigation shall also be requested and retained for inclusion in the official record.
The President of the Synod shall give consideration to all evidence relating to the allegations brought
forward against the accused, presuming innocence/fitness for ministry until evidence clearly establishes
otherwise.
In those cases in which the President of the Synod did not personally conduct the investigation, his
representative(s) shall submit, upon completion of their investigation, a written report to the President that
includes all written materials surfaced by the investigation.

2.4 President of Synod may appoint committee for reconciliation
(b) Shall proceed in the manner described in Matthew 18:15−16 as the requirement of “admonition”
in Article XIII of the Constitution, if applicable, continues to be carried out. [2.15.4 (b)]
(c) May, apart from the investigation, also appoint a small committee to assist in reconciliation
efforts (see Bylaw 2.15.3 [d] above). [2.15.4 (c)]
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Throughout the investigation, the required admonition of Constitution Art. XIII 1 (if applicable) and the
spirit of Matthew 18:15−16 shall continue to be carried out.
Throughout the entire process, it shall be borne in mind that its primary purpose is not to expel a member
from the Synod but to bring about repentance and reconciliation―to win and restore, even if the process
results in expulsion from membership.
If used, a reconciliation committee should be small, consisting of persons chosen by the President of the
Synod from his understanding of the matter under investigation and the persons involved.

2.5 President of Synod may form Referral Panel
In the determination of whether or not to initiate formal proceedings, the President of the Synod may
form a Referral Panel consisting of three district presidents.
(a) This panel shall be formed by blind draw and shall not include the district president that is
a party to the matter or the district president of an accused officer or the district president of
the accuser.
(b) The blind draw shall be administered by the chairman of the Council of Presidents audited
by witnesses. [2.15.5]
After reviewing the accusation and the results of the investigation, the Referral Panel shall make the
determination whether or not to initiate formal proceedings. [2.15.5.1]
If the President of the Synod fails to act within 60 days after receipt of the formal written complaint or
accusation, the accuser may present a formal written request to the President of the Synod for the
forming of the Referral Panel, which request the President of the Synod must grant. If the provisions set
forth in Bylaw 2.15.4 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. [2.15.5.3]
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It is the responsibility of the President of the Synod (or his representative) to act within 60 days of receipt
of the formal written complaint. He may choose to form a Referral Panel to assist him by reviewing the
accusation and the results of the investigation, and make a determination whether or not to proceed with
formal proceedings.
A Referral Panel shall be formed if the President of the Synod or his representative fails to act within 60
days of the receipt of a formal written complaint.
“Fails to act” is to be regarded as “no measures initiated within the required period of time [in this case, 60
days from the date of receipt of the formal written complaint] to ascertain the truth or falsity of the
accusations, or the stifling of a complaint by the refusal to act” (paragraph [g] of Bylaw 2.14.2). A request
for a Referral Panel by an accuser shall be granted in all cases in which the President of the Synod has
failed to act within the required 60-day time period.

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