LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 23, 2013, Page 14

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Bylaw 2.17.3 (b) neglects to mention other expulsion processes that should be given consideration
when a district president discusses with an accuser the question of which section of the Synod’s Bylaws
would be appropriate for use under the circumstances. The Commission on Handbook advocates the
following amendment to add reference to other expulsion processes.
PRESENT/PROPOSED WORDING
Consultation
2.17.3 Prior to any formal written complaint or accusation, when any person is aware of information or
facts that could lead to the expulsion of an individual member from the Synod, including a district
president, an officer of the Synod, or the President of the Synod, under Article XIII of the
Constitution for alleged sexual misconduct or criminal behavior, the person shall consult with the
appropriate ecclesiastical supervisor, which would be a district president of the Synod or the
President of the Synod, to seek advice, direction, and spiritual ministry as the needs and
circumstances dictate. If the accused is the President of the Synod, the person shall consult with
the chairman of the Council of Presidents. In regard to this consultation:
(a) The appropriate ecclesiastical supervisor may consult with any others as considered
appropriate under the circumstances.
(b) If the accuser is a member of the LCMS or a member of an LCMS congregation, the
ecclesiastical supervisor shall discuss with the accuser whether this bylaw provision or Bylaw
section 1.10 or Bylaw sections 2.14, 2.15, or 2.16 are is appropriate under the circumstances.
(c) The ecclesiastical supervisor shall provide evangelical supervision, counsel, and care.
(d) The ecclesiastical supervisor shall advise the accuser that it is understood that he/she
shall not be put under risk by requiring the accuser to meet face-to-face with the accused in
the manner described in Matthew 18:15. However, the reputation of all parties, the accuser
and the accused, is to be protected as commanded in the Eighth Commandment.

(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)….
Page 84 – 02.23.13 – COH Minutes