LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 57

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(g) While the matter is still undecided or while an appeal is contemplated or pending, publicity shall
not be given to the issues in the matter by any of the persons involved during any part of the
procedures outlined in this bylaw, with one exception. Due to the fact that this bylaw procedure deals
with a district president or an officer of the Synod, which necessarily means that the case will most
likely have a high public exposure, as the ecclesiastical supervisor, the President of the Synod, at his
discretion, may carry out his duties to properly advise the Synod as the needs dictate in order to
“promote and maintain unity of doctrine and practice” (Constitution, Art. XI B 3) and in order to
provide counsel, care, and protection for all of the members of the Synod (Constitution, Art. III 8, 9).
[2.15.7.8]
(h) Any party to the matter may seek, at its own personal expense, the assistance of individuals
familiar with the issues involved in the matter. They may actively participate in research and the
preparation of necessary documents. At the hearing, however, each party involved may have an
adviser present but must represent itself, with no public participation by the adviser.
(i) The panel shall determine the number of witnesses necessary for a full and complete
understanding of the facts involved in the matter. It shall question persons involved and witnesses
directly and may also permit the persons involved to do so (cf. paragraph (h) above).
(j) All panel records in which the panel has rendered a final decision shall be placed in the custody of
Concordia Historical Institute. All such records shall be sealed and shall be opened only for good
cause shown and only after a panel of three district presidents, selected by blind draw for that
purpose by the Secretary of the Synod and audited by witnesses, has granted permission.
(k) If any part of the dispute involves a specific question of doctrine or doctrinal application, each
party shall have the right to an opinion from the Commission on Theology and Church Relations
(CTCR). If it involves questions of constitution or bylaw interpretation, each party shall have a right
to an interpretation from the Commission on Constitutional Matters (CCM).
(1) The request for an opinion must be made through the panel, which shall determine the
wording of the question(s).
(2) The request for an opinion must be made within 30 days of the final formation of the panel. If
a party does not request such an opinion within the designated time, such a request may still be
made to the panel, which shall, at its discretion, determine whether the request shall be
forwarded. The panel shall also have the right, at any time, to request an opinion from the CCM
or the CTCR.
(3) Any opinion so requested shall be rendered within 30 days or such greater time as the panel
may allow.
(4) When an opinion has been requested, the time limitations will not apply until the parties have
received the opinion. The panel must follow any opinion received from either the CCM or the
CTCR. [2.14.7.8]
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The issue to be decided by a Hearing Panel shall be whether the suspension of the accused district president
or officer of the Synod will be upheld, including whether the President of the Synod followed prescribed
procedures and whether the burden of proof for expulsion has been met under Bylaw section 2.15 and
Article XIII of the Constitution.
The proceedings of the hearing shall be conducted according to the guidelines provided in this Standard
Operating Procedures Manual, a copy of which shall have been provided to the accused member at the
time that such member was informed that an accusation had been made (see 1.2 above).
Hearings shall be private, attended only by the panel members, the accused, the President of the Synod, and
one advisor each if desired. The advisor shall not address the panel or directly participate in the discussions
during the hearing. A party to the matter and his advisor may be present at all phases of the hearing except
deliberations. Subject to the discretion of the panel as to the helpfulness of the presence of others at various
points in the hearing process, attendance at hearings shall be limited to witnesses who can substantiate
relevant facts to the matter and other “persons involved” (including a witness or adviser or any others
involved in the matter).
The panel shall establish the procedure to be followed to receive evidence and testimony and to determine
their relevancy to the decisions to be made by the panel, so that each party in the matter is provided
opportunity fully to present its case. Relevance is determined by whether particular evidence will (or will
not) support the suspension of the member.

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