LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 10

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(fg) The hearing facilitator shall serve as an advisor to the panel on the form but not the
substance of the decision.
(C) Disqualification of Panel Members or Hearing Facilitators
(Bylaw 2.14.7.8)
Rationale
Bylaw section 1.10 “Dispute Resolution of the Synod” contains subsection 1.10.16
“Disqualification,” which provides guidance regarding the disqualification of reconcilers, panel members,
and hearing facilitators from participation in the dispute resolution process due to “actual partiality or the
appearance thereof.” The absence of such provisions in the Synod’s expulsion processes has been
remedied in the Standard Operating Procedures Manuals accompanying the expulsion processes.
Believing, however, that inclusion of such provision in the bylaws governing expulsion from membership
in the Synod is important, the Commission on Handbook proposes the adoption of the following new
paragraph (h) for Bylaw 2.14.7.8.
PRESENT/PROPOSED WORDING
2.14.7.8

(h) Any party and/or parties to a dispute shall have the right to request disqualification of a
panel member or hearing facilitator. The standard for disqualification shall be actual
partiality or the appearance thereof. If that individual does not agree to the disqualification,
the decision shall be made by a separate three-member panel of district presidents not
involved in the case, selected as follows.
(1) Nine names shall be selected by blind draw by the Secretary of the Synod or his
representative, to be mailed to each party with the opportunity to strike up to three of
the names from the list, to be returned to the Secretary of the Synod within one (1)
week after receipt.
(2) The Secretary of the Synod shall correct any problem with the list, using the blind
draw process as necessary. No member of the panel shall be from the district in which
the dispute arose or any district of any party to the dispute. No two (2) panel members
shall be from the same district.
(3) In the event that additional names are needed, three (3) names shall again be
selected in the manner set forth above, which names shall be submitted to each party
with the right to strike one (1) name before returning the list to the Secretary of the
Synod within one (1) week.
(4) In the event that a panel member or hearing facilitator is disqualified, another
individual shall be selected in the same manner as the disqualified member was
selected.
[Current paragraphs (h)–(k) will be re-lettered (i)–(l) or as appropriate.]

(D) Right of Certain Suspended Members to Request Hearing Before Final Hearing Panel
(Bylaws 2.14.8; 2.15.8; 2.17.8)
Rationale
At times, suspended members (not unavoidably detained) fail to attend the hearing which they
requested in order to appeal their suspension and expulsion from the Synod. According to current bylaws,
they may nonetheless request and be granted a second hearing before a Final Hearing Panel. At question
is whether such members should be provided opportunity to request a second hearing, given their failure
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