LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 54

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The original signed copy of the written request shall become a part of the official record of the matter along
with all previous documentation heretofore retained by the President of the Synod and shall be forwarded
to the Secretary of the Synod along with previous documentation.
When the Secretary is involved personally as a witness or has a direct interest in the outcome of the matter,
an alternate administrator shall be appointed by the President of the Synod. If a party intends to present
testimony or evidence which would suggest the potential need for the Secretary to become a witness, such
intention must be raised in a timely manner so that the administrator has opportunity to recuse himself and
a replacement administrator can be appointed.

4. Hearing Panel (Bylaw 2.15.7)
4.1 President of the Synod provides statement and memorandum
At the time that the request for hearing is made, the President of the Synod shall forward to the
Secretary of the Synod the statement of the matter and a written memorandum describing the manner in
which there was compliance with the guidelines provided in Matthew 18:15–16 and “previous futile
admonition” (Constitution, Art. XIII), as well as all of the provisions of Bylaws 2.15.3−2.15.6.1. [2.15.7.1]
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The “statement of the matter” that is to be provided to the Secretary of the Synod is a copy of that statement
that was provided to the accused officer or district president at the time of notification of suspended status.
The Secretary of the Synod shall forward copies of the statement to the members of the Hearing Panel
when it is formed. The copy of the statement of the matter received by the Secretary shall be included in the
official record of the matter, which now remains with the Secretary for the duration of the process.
The additional “written memorandum” requires careful preparation by the President of the Synod, as copies
of it will be forwarded to the Hearing Panel by the Secretary of the Synod to demonstrate to the panel that
all constitutional and bylaw requirements were met. This document also shall be included in the official
record of the matter that remains with the Secretary of the Synod for the duration of the process.

4.2 Secretary of Synod forms panel and selects hearing facilitator
…who [the Secretary of the Synod] shall initiate the formation of a Hearing Panel, such formation to be
accomplished within 30 days of the request in accordance with the provisions in this bylaw. [2.15.7]
A Hearing Panel selected as follows, consisting of two district presidents (excluding the involved district
president[s]) and one reconciler who is a layperson, shall conduct the hearing:
(a) One district president shall be selected by the accused (a district president, if he is the accused,
may not choose himself);
(b) One district president shall be selected by the President of the Synod;
(c) One reconciler who is a layperson shall be chosen by blind draw from the Synod’s roster of reconcilers, with the blind draw administered by the Secretary of the Synod and audited by witnesses.
(d) Each Hearing Panel shall be assisted by a nonvoting hearing facilitator selected according to
Bylaw 2.14.2 (j).
(e) The hearing facilitator shall administrate the hearing and may draw upon persons and resources
that he/she deems necessary for conducting a hearing in a fair and equitable manner.
(f) The hearing facilitator shall serve as an advisor to the panel on the form but not the substance of
the decision.
(g) If a Referral Panel was formed, the three district presidents that served in that capacity are not
eligible to serve on a Hearing Panel. [2.15.7.2]
Upon receipt of a request for hearing, the Secretary of the Synod shall promptly notify the accused and
the President of the Synod of their respective right to choose one Hearing Panel member and direct that
the identity of their selection be transmitted to the Secretary of the Synod within 15 days from the date of

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