Official Handbook Source Text
Handbook page 81
Source: LCMS Handbook 2023, page 81.
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.
out the above provision (Bylaw 2.15.3). In commencing such action, the President of the Synod:
(a) Shall determine whether Bylaw 2.15.3 provisions have been carried out and shall thoroughly investigate the matter to determine whether the facts learned from his investigation form a basis for expulsion of the member under Article XIII of the Constitution. He may appoint a small investigation committee (cf. Bylaw 4.4.6). If the accused is a district president, the investigation shall include consultation with that president’s district board of directors and district vice -presidents. He may also consult with the circuit visitors of the given district.
(b) Shall proceed in the manner described in Matthew 18:15– 16 as the requirement of “admonition” in Article XIII of the Constitution, if applicable, continues to be carried out.
(c) May, apart from the investigation, also appoint a small committee to assist in reconciliation efforts (see Bylaw 2.15.3 [d] above).
2.15.4.1 The President of the Synod shall make his determination whether or not to
suspend the member within 120 days after receipt of a formal written complaint or accusation, unless the majority of the uninvolved vice - presidents of the Synod concur that there is a need for more time to conclude an active investigation.
2.15.4.2 In the event the President of the Synod is disqualified because he has a
conflict of interest or is unable to act, the chairman of the Council of Presidents or the next qualified officer of the Council of Presidents shall function in his place in carrying out any of the following bylaw provisions.
The majority vote of the district presidents of the Council of Presidents, excluding the involved district presidents, shall determine any challenge to the eligibility of the President of the Synod to act which is not agreed to by the President of the Synod.
2.15.5 If the President of the Synod determines not to initiate formal proceedings,
he shall in writing so inform the accuser, any other district president involved, and the involved member, which shall terminate the matter.
Commencing Formal Proceedings
2.15.6 If the President of the Synod concludes that the facts form a basis for
expulsion of the member 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 the President of the Synod that there is a desire to have the matter heard and resolved.
2.15.6.1 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.
