LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 10, 2012, Page 5

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Panel. It indicates that parties may produce any evidence they consider relevant and cooperate with
requests for evidence that the panel deems necessary. The panel referenced in Regulation “K” (e) is a
Hearing Panel or a Final Hearing Panel, which is to take all evidence at the hearing it conducts, and the
hearing is to be attended by all members of the panel and both parties to the matter.
SOPM Section II Regulation “Y” indicates that if there is a contradiction between any portion of the 2.14
SOPM and the Bylaws or Constitution of the Synod, the Bylaws and Constitution of the Synod supersede
the SOPM.
A series of three questions is then asked.
Part 2, Question 1: If the 'administrator' of the DRP-1.10/Hearing-2.14 process has knowledge and/or
documentation that violation(s) of the DRP/Hearing procedures (as found in the
bylaws and/or SOPM) has occurred, what reporting responsibilities, duties, and/or
obligations should he have to the panel and to both parties of dispute?
Opinion: The responsibilities of the administrator, as well as all those involved in the process, must be
drawn from the overarching concern for due process, fairness, and impartiality in both the dispute process
and the process for expulsion from membership in the Synod, as set forth in the Constitution and Bylaws
of the Synod as well as in the SOPMs. This means that the administrator and all participants must share
such information and evidence with all those properly involved: the parties, the panel, and the
administrator.
Part 2, Question 2: Should he not investigate such violation(s), immediately inform both parties of his
findings, and provide the proof/documentation of such violation(s) to both the panel
and to both parties?
Opinion: No. The administrator in a 1.10 dispute resolution matter or a 2.14 expulsion matter does not
have responsibility for investigation. The responsibilities of the administrator are to manage the dispute
resolution process or expulsion matter. Bylaw 1.10.4 (a) indicates that he is not to take leadership, declare
judgments, advise, or become involved in the matter in dispute. The Bylaws spell out his duties regarding
the selection of panels, receiving statements from parties to the matter, forwarding of documents to
parties and members of panels, serving as timekeeper of the process, and giving general guidance
regarding the process, when asked. The Bylaws do not give the administrator authority to determine facts
in a case, but rather he is charged to monitor or oversee the process.
In a 2.14 expulsion matter, in the event that a violation is alleged or occurs, it is the responsibility of the
Hearing Panel to determine the facts and make a decision. A Hearing Panel is charged not only to
determine if the facts of the case provide the burden of proof for expulsion but also to determine that the
process has been properly followed. If a Hearing Panel determines that a violation has occurred, it is up to
that panel to determine a course of action. See the CCM opinion 12-2659 answers to questions 1 and 3 for
a full treatment of this matter. While the responsibility of the administrator does not include investigation,
he is required to inform the parties and panel members when he becomes aware of any information,
whether in writing or oral, indicating a possible violation of the process.
Part 2, Question 3: What is the 'role' of the administrator in a dispute/hearing process?
a) Should he give advice and additional pointers to a Hearing Panel Chairperson?
b) Should he withhold information when it is requested?
Opinion: In response to question (a), the administrator is to remain neutral, taking care not to take sides.
Bylaw 1.10.4 (a) describes the role of an administrator: “The secretary of a district or of the Synod or an
appointee (Bylaw 1.10.6) who manages the dispute resolution process but who does not take leadership,
declare judgments, advise, or become involved in the matter in dispute.” 2.14 SOPM Section II,
342