LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 25–26, 2013, Page 8

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(G) Commencing a Bylaw section 2.16 Expulsion Action
(Bylaw 2.16.4)
Rationale
Bylaw 2.16.4 is inconsistent in its provisions that the chairman of the Council of Presidents is required to
commence action when “he becomes aware of information or allegations” and when, on the other hand,
“information or allegations [are] conveyed to him in a formal written complaint or accusation made by a
district president of the Synod.” The Commission on Handbook proposes the following amendment to the
bylaw.
PRESENT/PROPOSED WORDING
2.16.4 Under this bylaw (Bylaw section 2.16), the chairman of the Council of Presidents, acting on
behalf of the district presidents, shall commence the following action when he officially receives
becomes aware of information or allegations that could lead to expulsion of the President of the
Synod from the Synod under the provisions of Article XIII of the Constitution by such
information or allegations being conveyed to him in a formal written complaint or accusation
made by a district president of the Synod who has carried out the above provisions (paragraph
2.16.3)….

(H) Council of Presidents Composition in Bylaw 2.16.5.3 Role
(Bylaw 2.16.5.3)
Rationale
Conflict of interest concerns could arise should the Praesidium of the Synod be included in Council of
Presidents decision-making as part of the Bylaw section 2.16 expulsion process. The Commission on
Handbook proposes the following amendment to Bylaw 2.16.5.3 to avoid such concerns.
PRESENT/PROPOSED WORDING
2.16.5.3 Whether made by the chairman of the Council of Presidents or the Referral Panel, in the
recommendation whether or not to initiate formal proceedings, the chairman of the Council of
Presidents shall bring the matter to the full Council of Presidents for hearing the
recommendation, for discussion, and for vote.
(a) An affirmative vote to proceed, by written ballot of at least 51 percent of the total
number of district presidents (the collective ecclesiastical supervisors elected by the
districts), shall be required for the determination to initiate formal proceedings. Any district
president that is a party to the matter shall be excluded from voting.
(b) If the result of the vote is not to initiate formal proceedings, the chairman shall in
writing so inform the accuser and the President of the Synod, which shall terminate the
matter.
(c) If the results of the vote require the case to proceed, the chairman shall proceed as
hereafter required.
Commission on Handbook

Page 35 – 01.25 to 01.26.13 – COH Minutes