Official Handbook Source Text
Handbook page 88
Source: LCMS Handbook 2023, page 88.
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.
the above provision (paragraph 2.16.3). In commencing such action, the chairman of the Council of Presidents:
(a) Shall determine whether Bylaw 2.16.3 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 President of the Synod under Article XIII of the Constitution. He may appoint a small investigation committee (cf. Bylaw 4.4.6).
(b) Shall proceed in the manner described in Matthew 18:15– 16 as the requirement for 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 2.16.3 [d] above).
2.16.4.1 In the event the chairman of the Council of Presidents is disqualified
because he is a party to the matter, has a conflict of interest, or is unable to act, the next qualified officer of the Council of Presidents shall function in his place. The majority vote of the district presidents, excluding any involved district president, shall determine any challenge to the eligibility of the chairman of the Council of Presidents to act which is not agreed to by the chairman.
2.16.5 The chairman of the Council of Presidents shall make his recommendation
whether or not to suspend the President of the Synod within 120 days of receipt of a formal written complaint or accusation, unless the majority of uninvolved district presidents concur in his desire to extend an investigation.
2.16.5.1 In the recommendation whether or not to initiate formal proceedings, the
chairman of the Council of Presidents shall bring the matter to the Council of Presidents for hearing the recommendation, for discussion, and for vote.
(a) An affirmative vote to proceed, by written ballot of at least 51 percent of the total number of district presidents (the collective ecclesiastical supervisors elected by the districts), shall be required for the determination to initiate formal proceedings. Any district president that is a party to the matter shall be excluded from voting.
(b) If the result of the vote is not to initiate formal proceedings, the chairman shall in writing so inform the accuser and the President of the Synod, which shall terminate the matter.
(c) If the results of the vote require the case to proceed, the chairman shall proceed as hereafter required.
Commencing Formal Proceedings
2.16.6 If the district presidents according to the procedure set forth in Bylaw
2.16.5 above conclude that the facts form a basis for expulsion of the President of the Synod under Article XIII of the Constitution, the chairman of the Council of Presidents in commencing the formal proceedings shall
(a) provide to the President of the Synod a written notification of his suspended status under Bylaw 2.13.4;
(b) provide to the President of the Synod a written statement of the matter which sets forth the facts and states that he is requesting expulsion of the President of the Synod from membership in the Synod in accord with Article XIII of the Constitution;
