LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 21, 2017, Page 3

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(a) he or she was unavoidably detained from attending the first hearing;
(b) he or she was then improperly denied a rehearing by the original Hearing Panel; and
(c) such denial, as a “clear abuse of discretion impacting the decision of the Hearing Panel,” involved
“an obvious and inappropriate bias or prejudice” or resulted in a “gross miscarriage of justice” in
the matter (Bylaw 2.14.8 [d][3]).
Question 3:

If the panel does grant an opportunity for the party to appear at a subsequent hearing, would
hearing attendance via video conferencing constitute “an appearance at a subsequent
hearing” under the terms of this section?

Opinion: Bylaw sections 2.14–2.17 do not indicate that hearings can be conducted in this manner. Practical
considerations, such as the necessity of confidentiality of the proceedings, would preclude such.
113. Mid-South District Bylaw Changes (17-2855)
By a December 12 e-mail, the Secretary of the Mid-South District forwarded proposed changes to the
district bylaws (as precipitated by changes made to Synod’s bylaws by the 2016 convention of the Synod).
These changes are to be adopted by the district Board of Directors in advance of the 2018 Mid-South District
convention under the procedure provided in Synod Bylaw 7.1.2 and a similar district bylaw. The
commission notes a lingering uncertainty in District Bylaw 8.3.3.1 [d] as to the relative weight of the
nominations committee’s judgment of qualifications and the number of nominations received. Here further
clarification may be desirable. Nonetheless, the commission finds the bylaws as proposed to be consistent
with Synod’s Constitution and Bylaws and gives its approval. The district and its secretary are thanked for
their patience with the commission’s process and asked to submit a clean copy of the district bylaws as
adopted.
114. Adjournment
With the commission’s scheduled business concluded, Chairman Gude closed the meeting with a prayer
and the benediction.
John W. Sias, Secretary

CCM Minutes – December 21, 2017 – Page 88