Official Handbook Source Text
Handbook page 87
Source: LCMS Handbook 2023, page 87.
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.
Consultation
2.16.3 When a district president of the Synod is aware of information which could
lead to the expulsion of the President of the Synod from the Synod under
Article XIII of the Constitution, prior to any formal written complaint or
accusation, the district president shall consult with the Council of Presidents to seek advice and also so that it can be determined whether this is the appropriate bylaw procedure (Bylaw section 2.16) or whether the matter falls under Bylaw sections 2.17 or 1.8, or dispute resolution under Bylaw section 1.10. In regard to this consultation:
(a) The Council of Presidents by 51 percent of the votes of the district presidents may ask an opinion of the Commission on Constitutional Matters (CCM) and/or the Commission on Theology and Church Relations (CTCR) and must follow any opinion received from eit her, which shall be rendered within 30 days or such additional time as the district president may allow.
(b) By 51 percent of the votes of the district presidents, the Council of Presidents shall require the accuser district president to follow the correct bylaw provision under the circumstance, if any, and shall provide for evangelical supervision, counsel, and care to the persons involved.
(c) If the Council of Presidents by 51 percent of the votes of the district presidents determines that Bylaw section 2.16 applies, then the Council of Presidents shall ensure that the accuser has met face -to-face with the accused President of the Synod in the manner described in Matthew 18:15. Even if the alleged violation of Article XIII of the Constitution is considered to be “public,” this provision of Matthew 18:15 shall be followed. The reputation of all parties to the matter is to be protected as commanded in the Eighth Commandment.
(d) The Council of Presidents may appoint a small committee to assist in reconciliation efforts. The goal throughout is always one of admonition and reconciliation, of repentance and forgiveness (even if the following proceedings result in expulsion from membership).
(e) The requirement of the Synod of previous admonition called for in
Article XIII of the Constitution commences at this stage if applicable.
(f) Within 45 days after all the requirements of the consultation provided in this bylaw (Bylaw 2.16.3) have been followed the accuser district president may bring the matter to the chairman of the Council of Presidents (acting on behalf of the district presidents) for action under this bylaw provision, if so determined by the Council of Presidents (paragraph [b] above).
Commencing an Action
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 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
