Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 2013 › Page 2

LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 25–26, 2013, Page 2

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Source: The Lutheran Church—Missouri Synod (files.lcms.org)

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(3) Any opinion so requested shall be rendered within 30 days or such greater time as
the panel may allow. The CCM and the CTCR shall have in place procedures for
responding within this 30-day time frame to such requests for opinions.
(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.

(B) Composition of Hearing and Final Hearing Panels
(Bylaws 2.14.7.2; 2.15.7.2; 2.17.7.2)
Rationale
In order to broaden district representation and to avoid the appearance of unfairness or the potential for
undue influence, the Commission on Handbook proposes the following changes to the bylaws governing
the composition of dispute resolution and appeal panels for adoption by the 2013 LCMS convention.
PRESENT/PROPOSED WORDING
2.14.7.2 A Hearing Panel selected as follows, consisting of two district presidents (excluding the
involved district president[s]) and one reconciler who is a layperson, but excluding the involved
district president(s) selected as follows, shall conduct the hearing:
(a) One district president shall be selected by the accused.
(b) One district president shall be selected by the ecclesiastical supervisor who imposed the
suspended status (a district president may not choose himself).
(c) One reconciler who is a layperson shall be chosen by blind draw from the Synod’s
roster of reconcilers, with the blind draw administered by the Secretary of the Synod and
audited by witnesses.
(d) Each Hearing Panel shall be assisted by a nonvoting hearing facilitator selected
according to Bylaw 2.14.2 (j).
(e) No two members of the panel nor the hearing facilitator shall be from the same district.
(ef) The hearing facilitator shall administrate the hearing, shall serve as chairman of the
panel, and may draw upon persons and resources asthat he/she deems necessary for
conducting a hearing in a fair and equitable manner.
(fg) The hearing facilitator shall serve as an advisor to the panel on the form but not the
substance of the decision.
2.15.7.2 A Hearing Panel selected as follows, consisting of two district presidents (excluding the
involved district president[s]) and one reconciler who is a layperson, selected as follows, shall
conduct the hearing:
(a) One district president shall be selected by the accused (a district president, if he is the
accused, may not choose himself).
(b) One district president shall be selected by the President of the Synod.
(c) One reconciler who is a layperson shall be chosen by blind draw from the Synod’s
roster of reconcilers, with the blind draw administered by the Secretary of the Synod and
audited by witnesses.
(d) Each Hearing Panel shall be assisted by a nonvoting hearing facilitator selected
according to Bylaw 2.14.2 (j).
(e) No two members of the panel nor the hearing facilitator shall be from the same district.

Page 29 – 01.25 to 01.26.13 – COH Minutes