To Amend Dispute Resolution and Expulsion Bylaws to Address Practical Considerations and Clarity

Preamble The Commission on Handbook (COH) has, in keeping with its responsibility to “respond to requests … to propose new provisions to address specific Handbook-related issues that surface between conventions” (Bylaw 3.9.4.2 [e]), responded to suggestions for bylaw changes in the dispute resolution and expulsion bylaws of the Synod with the following. Areas for work and potential solutions were proposed by the Secretary of the Synod, assembled from his consultation with the Council of Presidents, the Commission on Constitutional Matters, and Ambassadors of Reconciliation, which provides training for Synod’s official roster of reconcilers and hearing facilitators. These fall in the following areas:

A. CLARIFY THAT HEARING FACILITATOR SERVICE SURVIVES DISTRICT TRANSFER (COH 19-009A)

Rationale Hearing facilitators are drawn from the pool of district-based, trained reconcilers, onto a separate roster at the Synod level. A question has arisen about the sense of language in Bylaw

1.10.12 (a), which refers, nonetheless, to movement of hearing facilitators from district to district. The commission determined that the language should be clarified by incorporating the sense of existing Bylaw 1.10.12.2 into 1.10.12 (a). Therefore be it

Resolved, That Bylaw 1.10.12 be amended as follows:

PRESENT/PROPOSED WORDING Hearing Facilitators

1.10.12 After the training of the reconcilers and in consultation with the appropriate district presidents, the Secretary of the Synod shall maintain a roster of 25 hearing facilitators selected from the roster of trained reconcilers. They may be ordained ministers, commissioned ministers, or laypersons and shall exhibit skills in the proper conduct of a fair and impartial hearing. They shall receive training for such purpose.

(a) Their term of service, monitored by the Secretary of the Synod, shall be six years, renewable without limit. Once appointed, the district membership of hearing facilitators no longer pertains to their eligibility for service in this position. Within three months after even- numbered conventions of the Synod (e.g., 64th in 2010, 66th in 2016, 68th in 2023, etc.), the Secretary of the Synod shall contact all hearing facilitators to learn of their availability and willingness to continue for an additional term. Resulting vacancies on the roster of hearing facilitators shall be filled by the Secretary of the Synod from the Synod roster of reconcilers after consultation with the appropriate district presidents in time for resulting vacancies on district rosters of reconcilers to be filled by appointment by district boards of directors.

(b) Any vacancy in an unexpired term shall be filled in the same manner as described above.

1.10.12.1 Limitations on holding multiple offices do not apply to hearing facilitators.

1.10.12.2 If a hearing facilitator moves from the district where nominated, such hearing facilitator may remain on the Synod’s roster of hearing facilitators.

1.10.12.32 A hearing facilitator shall not serve as a reconciler or as a voting member of a panel.

B. TIMING, APPOINTMENT OF RECONCILERS AND HEARING FACILITATORS (COH 19-003)

Rationale 2016 Resolution 12-09 adjusted the schedule and procedure for appointment of dispute resolution reconcilers and hearing facilitators, allowing district boards of directors to make such appointments before, rather than after, the Synod convention (after which terms of service begin). Reconcilers are trained once appointed but cannot serve without training. Committee 10 Vice-Chairman Dwayne M. Lueck Training occurs within six months following a national Synod convention (Bylaw 1.10.10). At that training it is determined which of the new reconcilers might be useful as hearing facilitators (Bylaw 1.10.12), and those, after consultation, are appointed such, as vacancies on the roster of hearing facilitators require. At that point, it is impossible for vacancies on the district rosters of reconcilers to be filled (meaningfully) as the training has already occurred and will not occur for another three years (Bylaw 1.10.10). The last portion of Bylaw

1.10.12 (a), added in 2016, is therefore problematic—unless one is to bar the present year’s trainees from becoming hearing facilitators, which would pose a practical problem. It may be possible to fill some of the hearing facilitator vacancies with previously trained reconcilers—but not if the vacancies are only addressed three months after the Synod convention, with training being provided within the six months after the convention. Therefore be it

Resolved, That Bylaw 1.10.12 be amended as follows:

PRESENT/PROPOSED WORDING Hearing Facilitators

1.10.12 After the training of the reconcilers and in consultation with the appropriate district presidents, the Secretary of the Synod shall maintain a roster of 25 hearing facilitators selected from the roster of trained reconcilers. They may be ordained ministers, commissioned ministers, or laypersons and shall exhibit skills in the proper conduct of a fair and impartial hearing. They shall receive training for such purpose.

(a) Their term of service, monitored by the Secretary of the Synod, shall be six years, renewable without limit. Within three months after Beginning six months before even-numbered conventions of the Synod (e.g., 64th in 2010, 66th in 2016, 68th in 2023, etc.), the Secretary of the Synod shall contact all hearing facilitators to learn of their availability and willingness to continue for an additional term. Resulting vacancies on the roster of hearing facilitators shall be filled by the Secretary of the Synod from the Synod roster of reconcilers (whether already serving, before the convention, or, being newly appointed, after their post-convention training) after consultation with the appropriate district presidents. in time for resulting vacancies on district rosters of reconcilers to be filled by appointment by district boards of directors.

(b) Any vacancy in an unexpired term shall be filled in the same manner as described above.

C. REMOVAL OF HEARING FACILITATORS FOR CAUSE (COH 19-003)

Rationale Bylaw 1.10.10.4, added by 2013 Res. 7-12A (part E) at the request of the COH and the Secretary of the Synod, who administers the dispute resolution process, allows for reconcilers to be removed for cause, should the need arise. As that resolution noted, “Strict adherence by reconcilers to the instructions provided in the Bylaws and Standard Operating Procedures Manual is essential for uniformity and good order as reconcilers do their important work.” This is equally true for the work of hearing facilitators, who are to exhibit specific skills “in the proper conduct of a fair and impartial hearing” (Bylaw 1.10.12). No provision currently exists for the removal for cause of a hearing facilitator. In the impression of the process administrator and commission, this is a need that could conceivably arise, and that should be provided for in the Bylaws. Therefore be it

Resolved, That Bylaw 1.10.12.4 be amended as follows:

PRESENT/PROPOSED WORDING Hearing Facilitators

1.10.12.4 A hearing facilitator may be removed for cause according to the Bylaws and the Standard Operating Procedures Manual from Synod’s roster of hearing facilitators by Synod’s Board of Directors upon report of the administrator of the dispute resolution process after consultation with the President of the Synod.

and be it further

Resolved, That Bylaw 1.10.10.4 be amended as follows:

PRESENT/PROPOSED WORDING District Reconcilers

1.10.10.4 A reconciler may be removed for cause according to the Bylaws and the Standard Operating Procedures Manual from a district’s roster of reconcilers by that district’s board of directors upon report of the administrator of the dispute resolution process after consultation with the president of the district.

D. APPEAL PANEL DETERMINATIONS (COH 19-009C)

Rationale In Bylaw sections 2.14–2.17, dealing with formal process for expulsion from the roster of the Synod, a suspended member (individual or congregation) may request a hearing of the matter by a Hearing Panel (Bylaw 2.14.7). Upon the issuance of a decision by that panel, the suspended member, suspending ecclesiastical supervisor or, in some circumstances, the President of the Synod may request an appeal (Bylaw 2.14.8). The appeal request is considered by an Appeal Panel, which determines on the basis of specific criteria (Bylaw 2.14.8 [d]) whether the decision of the Hearing Panel will stand, or whether the matter will be forwarded to a Final Hearing Panel. The language of Bylaws 2.14.8 (e), 2.15.8 (e), and 2.17.8 (e) seems to suggest only an appeal by the suspended member of a decision to uphold the suspension. This language should be clarified. Therefore be it

Resolved, That Bylaw 2.14.8 (e) be amended as follows:

PRESENT/PROPOSED WORDING Appeal Panel

2.14.8 The decision of the Hearing Panel may be appealed by the accused (if an active participant in the hearing before the Hearing Panel), by the suspending ecclesiastical supervisor, or by the President of the Synod if a question of doctrine or practice is involved (Constitution Art. XI B 1–3) within 15 days after receiving the decision. Such request for an appeal shall be submitted to the Secretary of the Synod with copies provided to the district president(s) of the accuser and the accused, the hearing facilitator of the Hearing Panel, the accuser, and the President of the Synod, and shall be accompanied by a written memorandum stating the basis for the request. …

(e) Within 30 days after its formation, the Appeal Panel shall issue its written decision in response to the request for reconsideration. If the Appeal Panel denies the request for reconsideration of the decision of the Hearing Panel and upholds the suspension of the ecclesiastical supervisor, the decision of the Hearing Panel shall be regarded as final and shall (1) be binding upon the parties to the matter and not be subject to further appeal; (2) have no precedential value; (3) be carried out by the district president or the President of the Synod; and (4) shall be publicized as deemed appropriate under the circumstances by the district president or the President of the Synod. …

and be it further

Resolved, That Bylaw 2.15.8 (e) be amended as follows:

PRESENT/PROPOSED WORDING Appeal Panel

2.15.8 The decision of the Hearing Panel may be appealed by the accused (if an active participant in the hearing before the Hearing Panel), or by the President of the Synod if a question of doctrine or practice is involved (Constitution Art. XI B 1–3) within 15 days after receiving the decision. Such request for an appeal shall be submitted to the Secretary of the Synod with copies provided to the district president(s) of the accuser and the accused, the chairman of the Hearing Panel, the accuser, and the President of the Synod, and shall be accompanied by a written memorandum stating the basis for the request. …

(e) Within 30 days after its formation, the Appeal Panel shall issue its written decision in response to the request for reconsideration. If the Appeal Panel denies the request for reconsideration of the decision of the Hearing Panel and upholds the suspension of the ecclesiastical supervisor, the decision of the Hearing Panel shall be regarded as final and shall (1) be binding upon the parties to the matter and not be subject to further appeal; (2) have no precedential value; (3) be carried out by the district president or the President of the Synod; and (4) shall be publicized as deemed appropriate under the circumstances by the district president or the President of the Synod. …

and be it finally

Resolved, That Bylaw 2.17.8 (e) be amended as follows:

PRESENT/PROPOSED WORDING Appeal Panel

2.17.8 The decision of the Hearing Panel may be appealed by the accused (if an active participant in the hearing before the Hearing Panel), by the suspending ecclesiastical supervisor, or by the President of the Synod if a question of doctrine or practice is involved (Constitution Art. XI B 1–3) within 15 days after receiving the decision. Such request for an appeal shall be submitted to the Secretary of the Synod with copies provided to the district president(s) of the accuser and the accused, the chairman of the Hearing Panel, the accuser, and the President of the Synod, and shall be accompanied by a written memorandum stating the basis for the request. …

(e) Within 30 days after its formation, the Appeal Panel shall issue its written decision in response to the request for reconsideration. If the Appeal Panel denies the request for reconsideration of the decision of the Hearing Panel and upholds the suspension of the ecclesiastical supervisor, the decision of the Hearing Panel shall be regarded as final and shall (1) be binding upon the parties to the matter and not be subject to further appeal; (2) have no precedential value; (3) be carried out by the district president or the President of the Synod; and (4) be publicized as deemed appropriate under the circumstances by the district president or the President of the Synod.

(f) If the Appeal Panel grants the request for reconsideration of the decision of the Hearing Panel, a Final Hearing Panel shall be selected by the Secretary of the Synod