LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 55

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such notice. If either party declines to make a selection within 15 days, the Secretary of the Synod shall
then make such selection within five days. [2.15.7.3]
The Secretary of the Synod shall also promptly select a lay reconciler to serve as a third member of the
Hearing Panel and a hearing facilitator to assist the panel. [2.15.7.4]
When the Hearing Panel members and hearing facilitator have so been chosen, they shall be promptly
notified of their selection. [2.15.7.5]
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When a request for a hearing has been made, the Secretary of the Synod shall facilitate the formation of the
requested panel in the manner described in the bylaw. He shall also serve as timekeeper to assure that the
panel functions according to the time requirements provided in the bylaws, a service that he will continue
to provide throughout the remainder of the panel process.
When possible, notifications to the accused and the President of the Synod shall be made in a manner that
results in a signed receipt to verify delivery, thereby to provide evidence that notifications were received
and to verify the date of their receipt.
Responses to the notification shall be postmarked within the required time limits. After sufficient time has
passed to make certain that any required responses will not be received, the Secretary of the Synod shall
proceed to move the panel selection process forward.
If either party fails to make a selection, the Secretary of the Synod shall make the necessary selection by
blind draw. To accomplish a blind draw, such method shall be used as will accomplish a truly “blind” draw,
to be carried out in the presence of at least two (2) other neutral persons. Written verification signed and
dated by the witnesses to the blind draw shall be required to attest to the proper conduct of the draw.
To facilitate the honoring of limited time requirements imposed by the bylaws, telephone, e-mail, or fax
messages may precede original copies of signed responses, thereby allowing the Secretary of the Synod to
proceed with his responsibilities prior to his reception of the official responses.
Upon completion of the formation of the Hearing Panel, information regarding the membership of the panel
shall be provided by the Secretary of the Synod to the accused, the President of the Synod, and the panel
members.
All documentation associated with panel selection shall be included in the official record of the matter
maintained by the Secretary of the Synod.
When the members of the Hearing Panel have been notified, the hearing facilitator shall arrange for an
initial meeting of the panel, in person or by telephone conference.
At its first meeting, the panel shall select one of its members to serve as chairman of the panel, to provide
leadership to the panel and to serve as its spokesman.
The panel shall also designate one of its members to serve as its secretary to prepare and maintain a record
of the panel’s meetings and proceedings, and to acquire and retain for the official record original copies of
all documents provided to the panel prior to and during the hearing(s).
A majority of the members of the panel shall constitute the quorum required in all stages of the panel
process. If a panel member withdraws or is unable to perform required duties after a panel has begun its
work, the remaining panel members shall continue without filling the vacancy. Decisions by the panel shall
continue to require two (2) “yes” votes.

4.3 Statement and memorandum provided to the panel
The Secretary of the Synod shall forward to the Hearing Panel the statement of the matter together with
the 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. [2.15.7.7]
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The basis for the panel to begin its work are the referenced “statement of the matter” and the
“memorandum.”
Copies of the documents previously forwarded by the President of the Synod to the Secretary of the Synod
[Bylaw 2.15.7.1] shall be forwarded by the Secretary to the members of the Hearing Panel at the time of
their notification of selection to the panel.
The secretary of the Hearing Panel shall be responsible for the official record of the matter before the panel.
He shall retain for the record his copies of the statement and memorandum documents upon their receipt

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