Official Handbook Source Text
Handbook page 73
Source: LCMS Handbook 2023, page 73.
This page reproduces text from the 2023 LCMS Handbook for study and navigation. Readers should verify procedural, legal, parliamentary, or governance questions against the official LCMS Handbook and appropriate LCMS authorities.
under Article XIII of the Constitution, in commencing the formal proceedings he shall
(a) provide to the member a written notification of the member’s suspended status under Bylaw 2.13.4;
(b) provide to the member a written statement of the matter which sets forth the facts and states that he is requesting expulsion of the member from the Synod in accord with Article XIII of the Constitution;
and
(c) provide to the member a written notification that the member has 15 days from the date of receipt of the statement of the matter to advise his district president that there is a desire to have the matter heard and resolved.
2.14.6.1 Failure by the member to file such written request for hearing and
resolution within the 15- day period shall be deemed to be consent to expulsion from membership in the Synod.
Hearing Panel
2.14.7 If the request for hearing as granted in Bylaw 2.14.6 (c) is made, the
suspending ecclesiastical supervisor shall inform the Secretary of the Synod who shall initiate the formation of a Hearing Panel, such formation to be accomplished within 30 days of the request in accordance with the provisions in this bylaw.
2.14.7.1 At the time that the request for hearing is made, the suspending
ecclesiastical supervisor shall forward to the Secretary of the Synod the statement of the matter and a written memorandum describing the manner in which there was compliance with the guidelines provided in Matthew 18:15– 16, “previous futile admonition” (Constitution Art. XIII 1), as well as all of the provisions of Bylaws 2.14.3– 2.14.6.1.
2.14.7.2 A Hearing Panel consisting of two district presidents (excluding the
involved district president[s]) , two lay reconcilers, and one ordained reconciler, selected as follows, shall conduct the hearing:
(a) One district president shall be selected by the accused.
(b) One district president shall be selected by the suspending ecclesiastical supervisor (a district president may not choose himself).
(c) Two lay reconcilers and one ordained reconciler shall be chosen by blind draw from the Synod’s roster of reconcilers, with the blind draw administered by the Secretary of the Synod and audited by witnesses.
(d) Each Hearing Panel shall be assisted by a nonvoting hearing facilitator selected according to Bylaw 2.14.2 (j).
(e) No two members of the panel nor the hearing facilitator shall be from the same district.
(f) The hearing facilitator shall chair the proceedings and may draw upon persons and resources that he/she deems necessary for conducting a hearing in a fair and equitable manner.
(g) The hearing facilitator shall serve as an advisor to the panel on the form but not the substance of the decision.
2.14.7.3 Upon receipt of a request for hearing, the Secretary of the Synod shall
promptly notify the accused and the suspending ecclesiastical supervisor
