LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 8

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(A) Requests for CCM/CTCR Opinions
(Bylaw 2.14.7.8 [k])
Rationale
It is important that all time requirements provided by bylaw in the Synod’s expulsion processes be
honored, including the 30-day requirement for the provision of Commission on Constitutional Matters
and Commission on Theology and Church Relations opinions requested as part of the process. To
underscore the need for these commissions to make such arrangements as are necessary to fulfill this
requirement, the Commission on Handbook advocates the following bylaw changes.
PRESENT/PROPOSED WORDING
2.14.7.8

(k) If any part of the dispute involves a specific question of doctrine or doctrinal
application, each party shall have the right to an opinion from the Commission on Theology
and Church Relations (CTCR). If it involves questions of constitution or bylaw
interpretation, each party shall have a right to an interpretation from the Commission on
Constitutional Matters (CCM).
(1) The request for an opinion must be made through the panel, which shall determine
the wording of the question(s).
(2) The request for an opinion must be made within 30 days of the final formation of
the panel. If a party does not request such an opinion within the designated time, such a
request may still be made to the panel, which shall, at its discretion, determine whether
the request shall be forwarded. The panel shall also have the right, at any time to
request an opinion from the CCM or the CTCR.
(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.
Page 78 – 02.23.13 – COH Minutes