Collection › LCMS Commission on Constitutional Matters — Minutes (St. Louis, Missouri) › 2013 › Page 13

LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 25–26, 2013, Page 13

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

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(c) The list….
1.10.13.2 The hearing facilitator shall be selected as follows:
(a) Three names shall be selected by a blind draw according to the SOPM from the hearing
facilitator roster.
(b) No hearing facilitator shall be from the district in which the dispute arose or from any
district in which a party holds membership or from any of the panel members’ districts.
(c) The list….
1.10.15.1 Each Review Panel shall consist of three voting members, at least one of whom shall be a
pastor, and at least one layperson.
(a) Nine names shall be selected by a blind draw according to the SOPM from the roster of
reconcilers of the Synod.
(b) No member of a panel shall be from the district in which the dispute arose or, if it is a
Synod question, from any district in which a party holds membership. No two members of
a panel shall be from the same district.
(c) The list….
1.10.15.2 The hearing facilitator shall be selected as follows:
(a) Three names shall be selected by a blind draw according to the SOPM from the hearing
facilitator roster.
(b) No hearing facilitator shall be from the district in which the dispute arose or from any
district in which a party holds membership or from any of the panel members’ districts.
(c) The list….

(H) Responsibilities of an Appeal Panel
(Bylaw 1.10.8.2)
Rationale
Current Bylaw 1.10.8.2 provides no detail regarding the responsibilities of an Appeal Panel. Such
responsibilities and accompanying guidelines are currently provided in detail in the Bylaw section 1.10
Standard Operating Procedures Manual (SOPM). The Commission on Handbook proposes the following
bylaw additions to include these SOPM provisions in the Handbook of the Synod.
PRESENT/PROPOSED WORDING
1.10.8.2 Within 30 days after receipt, an Appeal Panel shall be selected in the prescribed manner, and
the Secretary of the Synod shall send the appeal to each member.
(a) Copies of the entire official record of the case, including the full report of the reconciler,
the decision and all documentary evidence considered by the Dispute Resolution Panel, and
the written appeal request shall be provided to the members of the panel. The panel shall
make its decision on the basis of the minutes and written decision of the Dispute Resolution
Panel and the documentary evidence received and reviewed.
(b) The panel shall concern itself only with those issues originally addressed by the Dispute
Resolution Panel, unless issues were identified by the Dispute Resolution Panel for which it
did not make a decision.
(c) The panel shall decide only whether to approve reconsideration of the decision of the
Dispute Resolution Panel. The panel shall not approve a request for a new hearing on the
basis of newly discovered evidence unless such evidence was clearly not available to the
Page 40 – 01.25 to 01.26.13 – COH Minutes