LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — front and back matter, Page 8

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

presidents of the Synod;
(b) in the event that the accused is the President of the Synod, the chairman of the Council of
Presidents extends his investigation with concurrence of the majority of the uninvolved district
presidents of the Synod.
(c) otherwise, the district president requests, substantiates, and is granted an extension by the
President of the Synod.
2.17.4.2 Before informing others of a determination not to suspend, if the matter involves doctrine or
practice and a formal written accusation, a district president may seek the counsel and concurrence
of the President of the Synod by conveying to him the accuser’s formal written accusation, the
record of his investigation, and his preliminary determination. The President of the Synod shall
respond within 60 days.
(a) Should the President of the Synod concur, the district president may include the concurrence
in his determination, indicating that it precludes an appeal for action by the accuser to the
President of the Synod.
(b) Should the President of the Synod not concur, he shall consult with the district president,
who may revise his determination. He may request additional time to extend his investigation,
which the President of the Synod may grant.
2.17.4.13In the event the district president has a conflict of interest or is unable to act, the next qualified
officer of the district shall function in his place. The President of the Synod, who is the
ecclesiastical supervisor of the district president, shall determine any challenge to the eligibility
of the district president to act that is not agreed to by the district president.
(a) In the event that the accused is a district president is the accused, the President of the Synod
shall function in such instance;
(b) In the event that the accused is anor officer of the Synod, the President of the Synod shall
function in such instance;
(cb) In the event that the accused is the President of the Synod, the chairman of the Council of
Presidents shall function in such instance, and the matter shall thereafter proceed as set forth in
Bylaws 2.16.4−2.16.10.4.
Referral Panel
2.17.5 In the determination whether or not to initiate formal proceedings, the district president may form
a Referral Panel consisting of three circuit visitors of the district.
(a) If three circuit visitors from the district are not available to serve by reason of conflict of
interest or otherwise, the district president may select a sufficient number from other districts
in order to form the panel.
(b) This panel shall be formed by blind draw and shall not include the circuit visitor of the
accused or the accuser. The blind draw shall be administered by the district president audited
by witnesses.
2.17.5.1 In the event that the accused is a district president, an officer of the Synod, or the President of the
Synod, the Referral Panel shall consist of three district presidents selected by a blind draw
administered by the chairman of the Council of Presidents and audited by witnesses. Such panel,
which shall exclude any involved district president, shall function as set forth hereafter.
2.17.5.2 After reviewing the accusation and the results of the investigation, the Referral Panel shall make
the determination, within 60 days, whether or not to initiate formal proceedings.
2.17.5.3 Whether made by the district president or the Referral Panel, iIf the determination is not to initiate
formal proceedings, the district president shall in writing so inform the accuser, any other district
president involved, and the involved member, which shall terminate the matter., subject to the
following:
(a) If a matter of doctrine or practice is involved, the accuser may, within 15 days after receipt

CCM Minutes (Protocol Supplement) – May 5–6, 2017 – Page 27h