LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 61

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Upon completion of the formation of the Final 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, the
hearing facilitator, 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.

5.4 Hearing Panel chairman provides materials to Final Hearing Panel
(c) The chairman of the Hearing Panel shall provide the Final Hearing Panel with a written
statement of the matter and the Hearing Panel’s report, minutes, records, and proceedings. [2.15.8.1
(c)]
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Copies of the documents previously forwarded by the President of the Synod to the Secretary of the Synod
and copies of all other records of the matter, including the record of the Hearing Panel’s activity, hearings,
evidence received, and findings, and including also the request for a final hearing and its accompanying
memorandum, shall be forwarded by the Secretary of the Synod to the members of the Final Hearing Panel
at the time that they are notified of their selection to the panel.
When informed that a final hearing has been requested, the chairman of the Hearing Panel shall provide “a
written statement of the matter” in response to the written memorandum by the accused member supporting
his request for a rehearing of the matter by a Final Hearing Panel. These documents are the basis upon
which the Final Hearing Panel begins its work. This document is provided to the Secretary of the Synod
and also becomes a part of the official record, with copies provided to the members of the panel.
The secretary of the Final Hearing Panel now becomes responsible for maintaining a record of the panel’s
activity, its hearings(s), the evidence received, and its findings.

5.5 Final Hearing Panel follows same procedure as Hearing Panel
(b) The procedures for the final hearing shall be the same as prescribed in Bylaws 2.15.7.6−2.15.7.8.
[2.15.8.1 (b)]
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See section 4.4 of this Standard Operating Procedures Manual for details regarding the selection of the
date and location for the final hearing.

5.6 Panel conducts hearing according to guidelines
(b) The procedures for the final hearing shall be the same as prescribed in Bylaws 2.15.7.6−2.15.7.8.
[2.15.8.1 (b)]
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See guidelines under section 4.5 of this Standard Operating Procedures Manual for detail of the
procedures to be followed for the final hearing.

5.7 Panel issues written decision
Upon completion of the hearing of the Final Hearing Panel, the panel shall deliberate and then issue its
written decision within 30 days, a copy of which shall be mailed to the accused, any involved district
president, the accuser, the Secretary of the Synod, and the President of the Synod…. [2.15.8.2]

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