LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 10, 2012, Page 4

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Since the phrase, “shall establish the procedures it wishes to follow…” comes from the commission’s
Opinion 02-2303, rather than from the 2.14 SOPM, Regulation “Y” of the 2.14 SOPM does not apply to
the question asked. The relation of the procedures of a special panel to the Constitution, Bylaws, and
SOPM are addressed in Part 1 Question 1.
Part 1, Question 4: Are CCM opinions meant to override the guiding principles of the Bylaws, or merely
interpret them?
Opinion: The function of the Commission on Constitutional Matters relative to the Constitution and
Bylaws of the Synod is delineated in Bylaws 3.9.2 and 3.9.2.2.
3.9.2

The Commission on Constitutional Matters exists to interpret the Constitution, Bylaws, and resolutions
of the Synod and ensure that the governing instruments of the Synod and its agencies are in accord
with the Constitution and Bylaws of the Synod.

3.9.2.2 The Commission on Constitutional Matters shall interpret the Synod’s Constitution, Bylaws, and
resolutions upon the written request of a member (congregation, ordained or commissioned minister),
official, board, commission, or agency of the Synod.

Part 2
The panel references Bylaw 2.14.7.8 (f); 2.14 SOPM Section II Regulation “K” (e); and 2.14 SOPM
Section II Regulation “Y.”
Bylaw 2.14.7.8 (f) states:
No party to the matter nor anyone on the party's behalf shall communicate either directly or indirectly with the
panel or any member of the panel without the full knowledge of the other party to the matter.

SOPM Section II Regulation “K” (e) states:
(e) Except as specifically provided elsewhere in this manual, all evidence used by panels shall be taken in the
presence of all panel members and both parties to the dispute, except where a party has waived the right or fails
to be present.

SOPM Section II Regulation “Y” states:
Should the provisions of this manual vary from the Constitution or Bylaws of the Synod, the Constitution and
Bylaws control and supersede.

The commission makes the following observations regarding Bylaw 2.14.7.8 (f), SOPM Section II,
Regulation “K” (e), and SOPM Section II, Regulation “Y.”
Bylaw 2.14.6 describes the commencing of formal proceedings, which begin with the suspension of the
member. If the member does not appeal the suspension within 15 days and request a hearing, that member
is deemed to have consented to expulsion from membership in the Synod. Bylaw Section 2.14.7 then
describes the formal proceeding process, which begins with the selection of a Hearing Panel. The
remainder of Section 2.14.7 gives direction for the selection of a Hearing Panel and the procedures to be
followed by a Hearing Panel. Bylaw 2.14.7.8 makes this clear when it begins with the statement, “The
following guidelines are applicable to the Hearing Panel and all involved persons.” A Hearing Panel and
all persons involved must follow these guidelines in a Bylaw 2.14 expulsion matter.
SOPM Section II carries the title “General Regulations for Bylaw Section 2.14.” Portions of the section
pertain to various aspects in the entire process. Other portions of the section pertain to a Hearing Panel or
Final Hearing Panel. The topic of Regulation “K” of SOPM Section II is providing evidence to a Hearing
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