Relationships Within And Through The Synod

1.1.1Committed to a common confession and mission, congregations of The Lutheran Church—Missouri Synod join with one another in the Synod to support one another and to work together in carrying out their commonly adopted objectives. The Synod is organized to work in support of and on behalf of congregations to assist them in carrying out their ministries as they seek to serve our Lord Jesus Christ, the members of His body, and the world which stands in need of the Word and the impact of His redeeming love.

1. The Synod functions in support of its member congregations by providing assistance as congregations conduct their ministries locally, as well as their ministries at large.
2. The Synod on behalf of its member congregations administers those ministries that can be accomplished more effectively in association with other member congregations through the Synod. In this way member congregations utilize the Synod to assist them in carrying out their functions of worship, witness, teaching and nurture, service, and support.

1.2.1The following definitions are for use in understanding the terms as used in the Bylaws of The Lutheran Church—Missouri Synod:

1. Agency: An instrumentality other than a congregation or corporate Synod, whether or not separately incorporated, which the Synod in convention or its Board of Directors has caused or authorized to be formed to further the Synod’s Objectives (Constitution Art. III).
   1. Agencies include each board, commission, council, seminary, university, college, district, Concordia Plan Services, and each synodwide corporate entity.
   2. The term “agency of the Synod” does not describe or imply the existence of principal and agency arrangements as defined under civil law.
2. Chief executive: The top staff administrator of a separately incorporated agency of the Synod, who may be referred to as president.
3. Commission: A group of persons, elected or appointed as prescribed in the Bylaws, rendering a precisely defined function of the Synod and responsible, as the case may be, to the Synod in convention, to the President of the Synod, or to the Board of Directors of the Synod. The commissions of the Synod are:
   1. Commission on Constitutional Matters
   2. Commission on Doctrinal Review
   3. Commission on Handbook
   4. Commission on Theology and Church Relations
4. Concordia Plan Services: Concordia Plan Services is a controlled entity of The Lutheran Church—Missouri Synod created to manage the Concordia Plans.
5. Concordia Plans: The Concordia Plans, while operating under the supervision of the Synod Board of Directors, are trust agencies whose assets are not the property of corporate Synod.
6. Corporate Synod: The Lutheran Church—Missouri Synod, the Missouri nonprofit corporation, including its offices, boards, commissions, and departments.
   1. “Corporate Synod” is not an agency of the Synod.
   2. The Lutheran Church—Missouri Synod, in referencing the laws of the State of Missouri in these Bylaws and in the Synod’s Articles of Incorporation, intends to acknowledge its responsibility to be subject to civil authority. In all such references, however, the Synod intends to retain all authority and autonomy allowed a church under the laws and Constitution of the United States and the State of Missouri.
7. Council: An officially established group elected or appointed as an advisory body. The council of the Synod is the Council of Presidents.
8. District: A division of the Synod as determined by a national convention of the Synod.
9. Ecclesiastical oversight: The responsibility, primarily of the district president, to monitor; to make inquiry and receive a response thereto; to make suggestions; to bring concerns to the attention of a higher authority, namely the Synod status granting office, as relates specifically to the ecclesial relations of a recognized service organization operating within his district, and the impact and/or reflection of its work on the mission and ministry of the church.
10. Ecclesiastical supervision: The responsibility, primarily of the President of the Synod and district presidents, to supervise on behalf of the Synod the doctrine, life, and administration of its members, officers, and agencies. Such supervision, subject to the provisions of the Synod’s Constitution, Bylaws, and resolutions, includes visitation, evangelical encouragement and support, care, protection, counsel, advice, admonition, and, when necessary, appropriate disciplinary measures to assure that the Constitution, Bylaws, and resolutions of the Synod are followed and implemented. Thus, ecclesiastical supervision is also the presenting, interpreting, and applying of the collective will of the Synod’s congregations. Ecclesiastical supervision does not include the responsibility to observe, monitor, control, or direct the day-to-day activities of individual members of the Synod, whether in the conduct of their work or in their private lives (cf. Bylaw

2.14.1[a]). Further, those constitutional articles and bylaws pertaining to ecclesiastical supervision shall determine the full definition of ecclesiastical supervision. (k) Governing board: A board that directs a separately incorporated agency of the Synod. Governing boards are such as a board of directors, a board of trustees, a board of regents, a board of managers, or a board of governors. (l) May: Permissive, expressing ability, liberty, or the possibility to act. (m) Member of the Synod: See Constitution Art. V. Members of the Synod are of two classes: corporate members (congregations that have joined the Synod) and individual members (ministers of religion— ordained and ministers of religion—commissioned on the roster of the Synod). (n) Mission board: An officially established group of persons elected and appointed as prescribed in the Bylaws, charged with developing and determining policies for a ministry function of the Synod as prescribed in the Bylaws. These policies shall establish boundaries, parameters, and principles that guide the respective mission office in determining present and future activities and programs. The mission board shall have oversight of the implementation of these policies. The President of the Synod shall be responsible for supervising the implementation of mission board policies in accordance with his responsibilities under Constitution Art. XI and Bylaws 3.3.1.1.1–3.3.1.3. The mission boards of the Synod are: (1) Board for National Mission (2) Board for International Mission (o) Officer: Those positions identified in Constitution Art. X A or Art. XII 3 or Bylaw sections 3.3 and 3.4 unless qualified by a modifier. (p) Oversight: For the purpose of these Bylaws, to monitor; to make inquiry and receive a response thereto; to make suggestions; to bring concerns to the attention of a higher authority. (q) Praesidium: The President and the vice-presidents of the Synod. (r) Property of the Synod: All assets, real or personal, tangible or intangible, whether situated in the United States or elsewhere, titled or held in the name of corporate Synod, its nominee, or an agency of the Synod. “Property of the Synod” does not include any assets held by member congregations, the Lutheran Church Extension Fund— Missouri Synod, or by an agency of the Synod in a fiduciary capacity (including, for purposes of example, the funds managed for the Concordia Plans by Concordia Plan Services and certain funds held by The Lutheran Church—Missouri Synod Foundation). (s) Region: A division of the Synod for the purpose of regional elections. (t) Shall: A word of command that must always be given an imperative or compulsory meaning. (u) Supervision: For the purpose of these Bylaws (other than those pertaining to ecclesiastical supervision) to have authority over, to direct actions, to control activities. (v) Synod: Refers collectively to the association of self-governing Lutheran congregations and all its agencies on the national and district levels. The Synod, as defined herein, is not a civil law entity. (w) Synodwide corporate entity: A separate corporation established by the Synod for business and legal reasons. For the purposes of these Bylaws, the “synodwide corporate entities” of the Synod are the following corporations: (1) Concordia Historical Institute (2) Concordia Publishing House (3) Lutheran Church Extension Fund—Missouri Synod (4) Lutheran Church—Missouri Synod Foundation (5) Concordia University System The term “synodwide corporate entity” is not used in these Bylaws to include foreign corporations created by the Synod in order to undertake foreign missions. (x) Task force: An appointed group that has an ad hoc assignment to accomplish a specific task and whose duties have a definite expiration date. (y) Voting member: A member congregation of the Synod (see Constitution Art. V A).

1.3.1Individual Christians are joined together in a worshiping and serving community, the congregation. Congregations, the basic units of the Synod, have joined together to form the Synod and relate to one another through it.

1.3.2The Synod divides itself into districts and authorizes its districts to create circuits. The criteria for the creation of districts and circuits are determined by the Synod in convention. Districts and circuits are included among the component parts of the Synod. The Synod also divides itself into regions to accommodate elections that require regional representation.

1.3.3The Synod, including its component parts, is regarded as an extension of the congregations to the extent and for the purposes determined by the congregations acting through conventions. The Synod and its component parts are designed to assist congregations and their members in conserving and promoting the unity of the faith and in carrying out their mission and ministry. The Synod, including its component parts, also serves as the structure through which congregations carry out certain functions that can be performed more effectively and efficiently together with other member congregations.

1.3.4Congregations together establish the requirements of membership in the Synod (Constitution Art. VI). In joining the Synod, congregations and other members obligate themselves to fulfill such requirements and to diligently and earnestly promote the purposes of the Synod by word and deed.

1.3.4.1Members agree to uphold the confessional position of the Synod (Constitution Art. II) and to assist in carrying out the objectives of the Synod (Constitution Art. III), which are objectives of the members themselves. While congregations of the Synod are self-governing (Constitution Art. VII), they, and also individual members, commit themselves as members of the Synod to act in accordance with the Constitution and Bylaws of the Synod under which they have agreed to live and work together and which the congregations alone have the authority to adopt or amend through conventions.

1.3.4.2Members of the Synod, compelled by love for one another, accept the responsibility to support financially the work of the Synod.

1.3.4.3Congregations of the Synod, to enable the Synod to plan current and future ministry efforts and to lend accuracy and integrity to the Synod’s delegate representation and voting processes, agree to provide annual membership and statistical information to the Synod.

1.3.5Membership is held in the Synod itself. However, in accordance with the objectives of the Synod, each member enjoys certain privileges and accepts certain responsibilities also in and through the respective district and circuit.

1.3.6Districts and circuits as component parts of the Synod are obligated to carry out resolutions of the Synod and are structures for congregations to review decisions of the Synod, to motivate one another to action, and to shape and suggest new directions.

1.3.7The formation of any corporation by the Synod itself or any agency of the Synod involving any other church body requires the approval of the Board of Directors and the President of the Synod.

1.3.8The Synod in convention or through the Board of Directors of the Synod may authorize holding membership in national inter-Lutheran entities. Representatives of the Synod to various national inter-Lutheran entities

1. shall be named by the President of the Synod on recommendation of the Chief Mission Officer or the Executive Director of the Commission on Theology and Church Relations;
2. shall participate in the activities of the respective inter-Lutheran entities according to the constitutions and bylaws of those entities and in keeping with the theological and constitutional principles of the Synod; and
3. shall submit formal reports to the President.

1.4.1The delegate convention of the Synod is the legislative assembly that ultimately legislates policy, program, and financial direction to carry on the Synod’s work on behalf of and in support of the member congregations. It reserves to itself the right to give direction to all officers and agencies of the Synod. Consequently, all officers and agencies, unless otherwise specified in the Bylaws, shall be accountable to the Synod for all their actions, and any concerns regarding the decisions of such officers or agencies may be brought to the attention of the Synod in convention for appropriate action. This provision does not apply to specific member appeals to the Concordia Plans, which has its own appeal process for such cases.

1.4.2The delegate convention of each district of the Synod receives reports and counsel from the national Synod, makes recommendations thereto, assists in implementing decisions of the Synod, and adopts or authorizes programs to meet the unique needs of the district.

1.4.3Officers of the Synod and its agencies serve in accordance with duties assigned to them or otherwise authorized by the Constitution and appropriate bylaws. Primary responsibility is given to each officer, to the extent of his jurisdiction, for implementing specific decisions of the appropriate conventions, boards, and commissions and for supervising and coordinating the day-to-day activities of the respective staffs. Elected officers are to report their activities and recommendations to the respective convention and, as appropriate, to the respective president and board.

1.4.4The Board of Directors serves the Synod as its legal representative and as custodian of all property of the Synod, and upon it is incumbent the general management and supervision of the business affairs of the Synod, except to the extent that management authority and duties have been delegated by the Articles of Incorporation, Constitution, Bylaws, or resolutions of a convention of the Synod to other officers and agencies of the Synod or to separate corporate or trust entities. Each other governing board also serves the Synod with respect to the property of the Synod, to the extent of its jurisdiction, as provided or authorized in these Bylaws. Upon each such governing board of the Synod is incumbent the general management and supervision of the business affairs of the Synod to the extent of its jurisdiction. Any issues relative to the applicability of the laws of the State of Missouri shall be resolved in accord with the provisions in the Constitution and Bylaws of the Synod. (a) Each governing board shall, to the extent of its jurisdiction, between conventions and subject to the advice or direction from any other appropriate board that has been given authority by these Bylaws or by convention resolution,

1. determine general operating policies and maintain a policy manual;
2. approve program budgets;
3. allocate resources for such programs;
4. monitor program performance; and
5. coordinate the administration of convention resolutions. (b) Unless otherwise specified, each governing board shall also be empowered to settle disputes within that corporate entity. (c) Each board shall report its activities and recommendations to the respective convention.

1.4.5All agencies that serve the Synod at the national or district level in a specific area of ministry shall administer their assigned areas of responsibility as provided or authorized by the Constitution and applicable bylaws or as assigned by the respective convention.

1.4.6Each staff develops procedures, recommends and reviews programs and ministries, manages programs, and recommends policy and program modifications. Staff implements decisions in accordance with approved policy.

1. Staff is responsible to the Synod at the national or district level in accordance with the Constitution and Bylaws of the Synod at the national or district level, resolutions of the respective convention, and the policies of a district or any other agency to which it is responsible.
2. Staffs ordinarily serve as the liaison between the national and district levels. Staffs at the national and district levels consult with one another in developing program proposals.
3. Each chief executive or executive director shall report on staff activities and recommendations to the national Synod, district, agency, or officer to which that executive is responsible and, as requested, to the president of the district or of the Synod.

1.5.1Board and commission members of all agencies shall be members of member congregations of the Synod.

1.5.1.1Unless otherwise specified or permitted by the Bylaws, chief executives and executive directors, faculty, staff, and all other employees on either the national or district level shall not be members of the board of the agency under which they serve, nor shall any such executives or staff be members of the board of any other agency of the Synod. For purposes of this bylaw only, staff shall mean:

1. Employees, other than faculty, rostered as ministers of religion— ordained or ministers of religion—commissioned, whether or not serving in such capacity; or
2. Employees of corporate Synod or an agency of Synod, other than faculty, who are responsible for the development and/or implementation of policies, goals, and programs; or
3. Employees of corporate Synod or an agency of the Synod who assist chief executives, executive directors and faculty in their work and are supervised by these individuals directly or through a line of supervision.

1.5.1.2No one, either in the Synod or a district, or between the Synod and a district, shall hold more than one elective office; or hold more than two offices, although one or both be appointive; or ever hold two offices of which one is directly responsible for the work done by the other.

1. An office shall be regarded as elective only if it is an office filled through election by a national or a district convention, even though a vacancy in such an office may be filled by appointment.
2. Doubtful cases shall be decided by the President of the Synod.

1.5.1.3Every board or commission member, officer, and all staff of corporate Synod and every agency of the Synod shall be sensitive in their activities to taking or giving offense, giving the appearance of impropriety, causing confusion in the Synod, or creating potential liability.

1.5.2Every board or commission member, officer, and all staff of corporate Synod and every agency of the Synod shall avoid conflicts of interest as described in this bylaw.

1. Every agency shall implement the synodwide conflict-of-interest policy, and that policy shall be applicable to them and all staff operating under them. This policy shall include the following provisions:
   1. Every board or commission member shall disclose to the chairman of the agency and all staff shall disclose to the chief executive or executive director of the agency any potential conflicts of interest. Each chairman or chief executive or executive director shall disclose personal potential conflicts of interest to the appropriate board or commission.
   2. Such disclosures shall include board membership on, a substantial interest in, or employment of the individual or a relative by any organization doing business with corporate Synod or any of the agencies of the Synod.
   3. Every board or commission member, officer, and all staff of corporate Synod and every agency of the Synod who receives honoraria or payments for any sales or services rendered to corporate Synod or any of the agencies of the Synod shall disclose such information.
   4. All such disclosures shall be reported to the respective board or commission to determine by a vote of its remaining impartial members whether an inappropriate interest exists, and such vote shall be recorded in its official minutes. In the case of officers, all such disclosures shall be reported to the President of the Synod to determine whether an inappropriate interest exists.
2. Responsibilities shall be carried out in a manner reflecting the highest degree of integrity and honesty consistent with the Scriptures, the Lutheran Confessions, the Constitution, Bylaws, and resolutions of the Synod, the policies of corporate Synod and the agencies of the Synod, and civil laws.
   1. Activities shall not be entered into which may be detrimental to the interests of the Synod. Any inappropriate activity shall cease or the position will be vacated.
   2. Information acquired in the course of carrying out duties of the Synod shall not knowingly be used in any way that would be detrimental to the welfare of the Synod.
   3. No one shall vote on any transaction in which the individual might receive a direct or indirect financial gain.
   4. The Board of Directors shall establish policy regarding the acceptance of gifts, entertainment, or favors from any individual or outside concern which does or is seeking to do business with corporate Synod or the agencies of the Synod.
3. Individuals, prior to accepting elected, appointed, or staff positions, shall initially and annually thereafter sign statements stating that they have received, understand, and agree to abide by this bylaw and the Synod’s conflict of interest policy.

1.5.3Every agency of the Synod shall meet at least quarterly unless otherwise stipulated in the Bylaws. Exceptions require the approval at least annually of the President of the Synod. All agencies shall announce their upcoming meetings. Unless otherwise specified in the Bylaws, each agency is free to select a manner of meeting, consistent with Board of Directors policy, that best enhances its ability to accomplish its mission, taking into consideration fostering the open exchange of ideas, availability of technology to all members, stewardship of resources, perception of fairness, controversial nature of agenda items, and whether secret ballots might be used.

1.5.3.1At the initial meeting after election or appointment, all mission boards, commissions, and governing boards shall organize themselves as to chair, vice-chair, secretary, and other committees and positions as necessary or mandated by these Bylaws and shall conduct business in accordance with accepted parliamentary rules.

1.5.3.2All mission boards, commissions, and governing boards may make use of executive committees to act in times of emergency between plenary meetings, to act on delegated assignments, and to act as specified elsewhere in these Bylaws.

1. Executive committees may not perform acts specifically required by statute or by legislation or the Constitution, Bylaws, and resolutions of the Synod to be performed by the agency, nor may they overturn actions of the agency.
2. All executive committee actions shall be reported to plenary sessions of the agency.

1.5.3.3All mission boards, commissions, and governing boards may also delegate a specific assignment for a limited time to a committee composed of its own members.

1.5.3.4All mission boards, commissions, and governing boards may appoint standing committees of specialists to provide professional or technical assistance to the board or commission and may delegate certain responsibilities to such committees while retaining supervision. Standing committees may be made up of or include non-board or commission members. The creation of standing committees shall be reported to the President and the Board of Directors of the Synod.

1.5.3.5All agencies of the Synod shall develop policies and procedures for making available official minutes of their meetings. All mission boards and commissions shall develop policies and procedures to make available upon request and at a reasonable price a verbatim copy of the official minutes of their meetings except for executive sessions. Any member of the Synod may request a copy of any official minutes of mission boards or commissions by submitting a written or electronic (via email) request to the Secretary of the Synod, who shall provide such minutes according to the policy of the Board of Directors.

1.5.3.6Notwithstanding anything in the Bylaws to the contrary, the Articles of Incorporation or other governing documents of each agency shall provide: (a) That all provisions of its Articles of Incorporation and Bylaws are subject to the provisions of the Constitution, the Bylaws, and the resolutions of the Synod in convention; and (b) That in the event of dissolution other than by direction from the Synod in convention, the assets of such agency, subject to its liabilities, shall be transferred, consistent with applicable state and federal laws, as follows:

1. In the case of a synodwide corporate entity, district, university, college, or seminary, to The Lutheran Church—Missouri Synod as may be more specifically described elsewhere in these Bylaws;
2. In the case of a corporation formed by an agency (as defined in these Bylaws), to the agency that formed the dissolving corporation, or if such forming agency is not then in existence, to The Lutheran Church—Missouri Synod itself. An agency may submit any concerns related to the inclusion of subsections
   1. or
   2. in its governing documents to the Board of Directors of the Synod, and the Board of Directors may determine to permit the removal or modification of these provisions for an affected agency.

1.5.4The Synod and each of its agencies shall fully disclose their financial books and records to any member congregation of the Synod. (a) Full disclosure includes all information (including, but not limited to, information required to be made available under state law) recorded in any fashion, except the following: (1) Information that would violate the expected confidentiality of donors. (2) Personnel files or other information that would violate the expected confidentiality of employees. (3) Information that relates to in-process negotiations of financial matters. (4) Information the disclosure of which would breach a legal obligation of the Synod or its agencies or affect pending litigation or claims against the Synod or its agencies. (5) Information that is preliminary in nature or otherwise has not been finalized in its form and content. (b) Salaries of elected officers of the Synod, as identified in Constitution Art. X A, shall be published annually in an official periodical. (c) The accounting department of the Synod shall publish annually in an official periodical an invitation to request full, audited financial statements and summary operating budgets of the Synod or its agencies. (d) The Synod and its agencies shall share, upon request, the quarterly financial statements as reported to the respective governing boards. (e) All information produced for normal publication or distribution shall be provided free of charge. (f) Requests for detailed financial information or the inspection of financial records shall be made in writing to the respective corporate boards by a member congregation and shall state the records desired and the time period to be covered. (1) All responses to requests for information involving research or compilation shall be billed to the member on the basis of actual costs. (2) Any inspection of financial records shall be done by (a) member(s) of the congregation or its stated authorized agent at a mutually agreeable time and place. (3) The board may decline to provide the information requested if the board can demonstrate by clear and convincing evidence that the member congregation’s request is with the specific intent to cause harm to the Synod or one of its agencies or with the sole intent of deliberately and significantly disrupting the operations and affairs of the Synod or one of its agencies. (4) Any declination to provide information or decision to limit inspection shall be explained in writing. (5) Challenges to any board decisions declining to provide information or to limit inspection may be reviewed under the Synod’s dispute resolution process.

1.5.5Every agency shall operate under the general human resources policies of the Synod as provided by the Board of Directors of the Synod, in accordance with Bylaw 3.3.4.3. Specific policies under these general policies may be adopted by each agency’s governing board in order to accommodate the unique character of its operations.

1.5.5.1All agencies shall develop policies regarding their relations with staffs in accordance with general human resources policies provided by the Board of Directors of the Synod.

1.5.5.2*When calling ordained or commissioned ministers, agencies shall seek the counsel of the district president who would, by virtue of the call, assume ecclesiastical† supervision of the minister (Bylaw section 2.12). If the call is such that the district president to assume ecclesiastical supervision is not known, the counsel of the president of the district within which the agency is located or with which it is associated shall be sought.

1.5.6Dissent to decisions made by an agency shall ordinarily be expressed within the structure of that agency.

1.5.6.1Administrative and programmatic conflicts between agencies of corporate Synod, between such agencies and the synodwide corporate entities, and between synodwide corporate entities shall be dealt with by the parties concerned in a Christian manner with the assistance of the President of the Synod.

1.5.7Individual members of the Synod’s commissions and the boards of its agencies, as well as the individual members of its Board of Directors, shall * 2023 Convention: Res. 10-02, Proc. 216–17. † Commission on Handbook: October 30, 2023. discharge the duties of their offices in good faith. The following are considered cause for removal pursuant to this bylaw:

1. Incapacity
2. Breach of fiduciary responsibilities to the Synod or agency
3. Neglect or refusal to perform duties of office
4. No longer satisfying any of the qualifications for directors set forth in the articles of incorporation or bylaws of the entity as in effect at the beginning of the member’s term
5. Conviction of a felony
6. Failure to disclose conflicts of interest to the Synod or agency
7. Conduct evidencing a scandalous life
8. Advocacy of false doctrine (Constitution Art. II)
9. Failure to honor and uphold the doctrinal position of the Synod
10. Accumulation of three unexcused absences within any term of office

1.5.7.1Unless otherwise specified in these Bylaws, the procedure for removal of a member of a commission, agency board, or the LCMS Board of Directors, except for those persons subject to Bylaw sections 2.15 and 2.16, shall be as follows: (a) Action for removal shall require written notice to each member of the relevant commission, agency board, or LCMS Board of Directors at least 30 days prior to a special meeting of the commission, agency board, or LCMS Board of Directors called for that purpose. A copy of such notice shall be sent to the President and the Secretary of the Synod and to the ecclesiastical supervisor, if applicable. (b) The special meeting shall be held no later than 60 days after the provision of the written notice, unless extended by the mutual agreement of the parties. (c) Removal shall be effected by (1) recommendation of such to the Synod’s Board of Directors by a vote in favor of removal by at least three-fourths of all current members (excluding the person whose membership is in question) of the applicable commission, agency board, or LCMS Board of Directors; and (2) by a vote in favor of the recommendation of removal by at least three-fourths of all current members (excluding the person whose membership is in question) of the Board of Directors of the Synod. (d) Removal may be appealed by a member who has been removed from a commission, agency board, or the LCMS Board of Directors through the use of the Synod’s dispute resolution process as provided in Bylaw section 1.10. (e) From the time that written notice is given until the commission, agency board, or the LCMS Board of Directors takes action with respect to the removal, the member(s) subject to removal may not vote on matters before the commission, agency board, or LCMS Board of Directors. (f) If a Concordia University System (CUS) college or university board of regents is presented with a written notice from the CUS Board of Directors, a copy of which shall also have been sent to the President and Secretary of the Synod and to any applicable ecclesiastical supervisor, detailing the basis for cause for removal of a member of the board of regents pursuant to Bylaw 1.5.7 (2), (8), or (9), the written notice shall be handled as follows: (1) The board of regents shall schedule and hold a special meeting as required under Bylaw 1.5.7.1 (a) and (b) and consider a recommendation for removal under Bylaw 1.5.7.1 (c) (1). (2) If the board of regents fails to take action or declines to recommend removal under Bylaw 1.5.7.1 (c) (1) within 90 days of receiving the written notice from the CUS Board of Directors, the CUS Board of Directors may present the written notice to the Praesidium of the Synod. (3) The Praesidium, without participation of the First Vice- President of the Synod, shall make an initial determination as to whether the written notice presents sufficient grounds for removal of a member of a board of regents under Bylaw 1.5.7 (2), (8), or (9). (4) If the Praesidium determines, by majority vote, that the written notice presents sufficient grounds for removal, a three-person panel shall be appointed, consisting of the First Vice-President of Synod, a member of the Council of Presidents appointed by the Council of Presidents, and an additional member who is a member of the Council of Presidents who shall be appointed by the First Vice- President and the member of the Council of Presidents who was appointed by the Council of Presidents. (5) This panel shall consider the written notice and evidence submitted by the CUS Board of Directors and the board of regents member and make a determination as to whether there is sufficient grounds for removal of the board of regents member under Bylaw

1.5.7(2), (8), or (9). (6) If a majority of the panel concludes sufficient grounds exist, it shall make a recommendation to the Synod’s Board of Directors. This recommendation shall be considered and acted upon under Bylaw 1.5.7.1 (c) (2). (7) If the CUS Board of Directors presents written notice stating cause for removal of more than one member of the board of regents, each written notice shall be handled separately, although if a panel is appointed these can be considered by the same panel.*†

1.5.7.2To the extent that the application of this bylaw is limited by applicable law with respect to the removal of members of a commission, agency board, or the LCMS Board of Directors, the commission, agency board, or LCMS Board of Directors on which the member serves may recommend the removal and attempt to cause the appropriate procedures under applicable law, these Bylaws, and the governing documents of the affected entity to * 2023 Convention: Res. 7-05A, Proc. 190–92. † Commission on Handbook: October 30, 2023. be followed to permit the removal of such commission, agency board, or LCMS Board of Directors member.

1.5.8Officers of the Synod and a district shall discharge the duties of office in good faith. The following are considered cause for removal from office of an officer of the Synod or a district pursuant to this Bylaw, but not from membership in the Synod:

1. Incapacity
2. Breach of fiduciary responsibilities to the Synod or a district
3. Neglect or refusal to perform duties of office
4. Conviction of a felony

1.5.8.1Unless otherwise specified in these Bylaws, the procedure for removal of an officer of the Synod or a district from office shall be as follows: (a) Action for removal of an officer of a district other than a district president shall require written notice to each member of that district’s board of directors at least 30 days prior to a special meeting of the board called for that purpose. A copy of such notice shall be sent to the

1.6.1The confessional position of the Synod is set forth in Article II of its Constitution, to which all who wish to be and remain members of the Synod shall subscribe.

1.6.2The Synod, in seeking to clarify its witness or to settle doctrinal controversy, so that all who seek to participate in the relationships that exist within and through the Synod may benefit and may act to benefit others, shall have the right to adopt doctrinal resolutions and statements which are in harmony with Scripture and the Lutheran Confessions. (a) Doctrinal resolutions may be adopted for the information, counsel, and guidance of the membership. They shall conform to the confessional position of the Synod as set forth in Article II of its Constitution and shall ordinarily cite the pertinent passages of the

1.7.1The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregational and individual members of the Synod.

1.7.2The Synod expects every member congregation of the Synod to respect its resolutions and to consider them of binding force if they are in accordance with the Word of God and if they appear applicable as far as the condition of the congregation is concerned. The Synod, being an advisory body, recognizes the right of a congregation to be the judge of the applicability of the resolution to its local condition. However, in exercising such judgment, a congregation must not act arbitrarily, but in accordance with the principles of Christian love and charity.

1.7.3The Synod expects congregations that have not been received into membership, but are served by the Synod, and whose ministers of religion, ordained and commissioned, hold membership in the Synod, to honor its rules and regulations.

1.8.1While retaining the right of brotherly dissent, members of the Synod are expected as part of the life together within the fellowship of the Synod to honor and uphold the resolutions of the Synod.

1.8.2Dissent from the doctrinal position of the Synod as expressed in its resolutions and doctrinal statements is to be expressed first within the fellowship of peers (that is, with those who are competent to evaluate the issue critically) and then brought to the attention of the Commission on Theology and Church Relations before finding expression as an overture to the Synod in convention calling for revision or rescission. The discussion among the fellowship of peers is to be conducted privately and confidentially among those who are competent rather than in a public forum. While the conscience of the dissenter shall be respected, the consciences of others, as well as the collective will of the Synod, shall also be respected.

1.8.3This right of brotherly dissent does not allow a member of the Synod publicly to teach or practice contrary to the established doctrinal position of the Synod. Any such public teaching shall place in jeopardy membership in the Synod.

1.9.1Doctrinal review is the exercise of the Synod’s responsibility to determine that every doctrinal statement made in its or any of its agencies’ or auxiliaries’ materials is in accord with the Scriptures and the Lutheran Confessions.

1.9.1.1The following materials are subject to doctrinal review:

1. All official periodicals and journals of the Synod as well as any material with doctrinal content issued publicly by boards, commissions, or other subordinate groups of the Synod except as stipulated in these Bylaws shall be subject to doctrinal review.
2. The right to produce study documents and exploratory material plainly designated as such and published by boards, commissions, or other subordinate groups of the Synod is recognized, and such material is not required to be submitted to the doctrinal review process. Publication of such study material that is not submitted for doctrinal review shall always include this notice on or immediately following the title page: “This material is being released for study and discussion purposes, and the author(s) is(are) solely responsible for its contents. It has not been submitted to the process for doctrinal review stipulated in the Bylaws of The Lutheran Church—Missouri Synod and does not necessarily reflect the theology of the Lutheran Confessions or the doctrinal position of The Lutheran Church—Missouri Synod.”
3. Each district is accountable to the Synod through its respective president and board of directors for the content of all of its published materials.
4. Each of the Synod’s schools is accountable to the Synod through its respective president and board of regents for the content of its professional journals and all of its published materials that are not the official publications of the Synod (Bylaw 3.4.3.7). The editorial boards of such publications shall serve as their own doctrinal reviewers.
5. Auxiliary organizations recognized by the Synod shall be held directly accountable for their material. However, in accord with his office as defined in Constitution Art. XI B 1, the President of the Synod shall require doctrinal review.
6. In the case of broadcasts over the Synod’s radio station by other than staff members, individuals must be held responsible for their own material since it is not feasible to apply the process of doctrinal review to such broadcasts.
7. Official reports of the boards, commissions, task forces, and committees of the Synod prepared in response to directives from the Synod shall not be subject to doctrinal review.

1.9.2Before materials stipulated in Bylaw 1.9.1 are published, they shall be submitted to (a) doctrinal reviewer(s). Reviewers shall make a careful evaluation of the doctrinal content of all items submitted. Materials are to be reviewed in a prompt manner and completed in no longer than four weeks. Exceptions shall be arranged by mutual agreement between the reviewer(s) and the originating entity. (a) The primary responsibility for doctrinal supervision and review lies with the President of the Synod (Constitution Art. XI B 1).

1. Each board, commission, and other subordinate group of the Synod shall advise the President of the Synod of the number and desired competency of doctrinal reviewers needed by it and may suggest a list of qualified persons. The President shall appoint reviewers for each group according to its needs. They shall be broadly representative of the ministry of the Synod.
2. Reviewers shall be appointed for renewable three-year terms. An appointment may be terminated prior to the completion of the appointed term if the reviewer is unable or unwilling to carry out the reviewing tasks assigned. In the event of such termination, the President of the Synod shall appoint another reviewer to complete the unexpired term. (b) Each agency of the Synod, synodwide corporate entity, or auxiliary shall establish procedures that will insure*ensure that its material as specified in Bylaw section 1.9 will be submitted for doctrinal review to one of the reviewers referred to in Bylaw 1.9.2 (a). (c) Since time requirements vary according to the type of material being reviewed, the procedure in each case shall be worked out to the mutual satisfaction of the sponsoring group and the doctrinal reviewer(s). (d) The identity of authors and reviewers shall not be disclosed without the approval of the President. Consultation may at times be advisable, however, where clarification is necessary. (e) The reviewer’s primary concern is that items submitted to him be in agreement in their doctrinal content with the Scriptures and the Lutheran Confessions. (f) The reviewer(s) shall also be concerned that the items submitted do not contain statements that are inadequate, misleading, ambiguous, or lacking in doctrinal clarity. (g) The reviewer(s) shall further be concerned that resolutions of the Synod be honored and upheld and that positions deviating from the doctrinal resolutions of the Synod be clearly identified as such. (h) When the author is also a reviewer, his material shall be assigned to another reviewer. In order to avoid any conflict of interest, no author shall be involved in any way in the selection or assignment of reviewer(s) for his or her own work. * Commission on Handbook: November 14, 2023. (i) The reviewer may request that specific material assigned to him also be reviewed by another reviewer. (j) Where changes appear to be necessary, the reviewer(s) shall submit a thorough and clearly written documented critique that shall be made available to the author, the sponsoring group, and the publisher. The documentation provided by the reviewer(s) shall provide a thorough and detailed explanation, with all appropriate biblical and confessional references used to support the opinion offered. (k) The author shall consider the critique and make necessary revisions until there is agreement between the author and the reviewer(s). (l) Should any problem arise between an author, the reviewer(s), the publisher, or any other party involved with respect to the material submitted for review, the sponsoring group shall endeavor to resolve it to the satisfaction of the reviewer(s). If it cannot do so, the problem shall be submitted to the Commission on Doctrinal Review which shall follow the appeals procedure and criteria stated in Bylaw 3.9.3.2.1.

1.9.3After publication, any challenge to material that is subject to doctrinal review, no matter which process is used as listed in Bylaw 1.9.2, shall be handled according to the procedure and criteria specified in Bylaw 3.9.3.2.2.

1.10.1When disputes, disagreements, or offenses arise among members of the body of Christ, it is a matter of grave concern for the whole church. Conflicts that occur in the body should be resolved promptly (Matt. 5:23– 24; Eph. 4:26–27). Parties to disputes are urged by the mercies of God to proceed with one another with “the same attitude that was in Christ Jesus” (Phil. 2:5). In so doing, individuals, congregations, and various agencies within the Synod, and other eligible parties listed in Bylaw 1.10.2* are urged to reject a “win-lose” attitude that typifies secular conflict. For the sake of the Gospel, the church should spare no resource in providing assistance.

1.10.1.1The Holy Scriptures (1 Cor. 6:1–7) urge Christians to settle their differences by laying them before the “members of the brotherhood.” Therefore, the Synod in the spirit of 1 Corinthians 6 calls upon all parties to a disagreement, accusation, controversy, or disciplinary action to rely exclusively and fully on the Synod’s system of reconciliation and conflict resolution. The use of the Synod’s conflict resolution procedures shall be the exclusive and final remedy for those who are in dispute. Fitness for ministry and other theological matters must be determined within the church. Parties to disputes are urged, in matters of a doctrinal nature, to follow the procedures as outlined in Bylaw section 1.8.

1.10.1.2The words of Jesus in Matthew 18:15–20 provide the basis for church discipline for the local congregation. The same passage also grants Christ’s guidance to all Christians in seeking to settle other disputes, many of which * Commission on Handbook: October 30, 2023; due to 2019 Res. 4-06A, Proc. 137–42. fall outside the purview of church discipline involving the congregation. In either case, the steps of Matthew 18 should be applied lovingly in both formal and informal settings. Matthew 18 does not apply directly in cases of public sin, but face-to-face meetings are required nonetheless, even in the case of public sin, toward the goal of reconciliation and winning the brother or sister. The parties and others attempting to effect resolution of a dispute must always remain mindful that the church has been given the “ministry of reconciliation” (2 Cor. 5:18). Hence, conflict resolution in the church is to lead to reconciliation, restoring the erring member in a spirit of gentleness (Gal. 6:1). Its aim is to avoid the adversarial system practiced in society.

1.10.1.3The heart and center of all Christian conflict resolution is the justification of the sinner through grace in Christ Jesus. Biblical reconciliation of persons in conflict begins with God’s truth that we are all sinners who have been reconciled to God through the death and resurrection of Christ Jesus. Christ’s “ministry of reconciliation” is one of the church’s foremost priorities.

1.10.1.4Christian conflict resolution seeks to resolve disputed issues in a manner pleasing to God. Those in conflict are urged to proceed prayerfully in good faith and trust. Disputes are more likely to be resolved harmoniously if those involved in the conflict recognize one another as redeemed children of God.

1.10.1.5Christians involved in conflict must always stand ready to ask for or extend forgiveness in accordance with Scripture. As the church endeavors to help bring about peace, truth, justice, and reconciliation, it always seeks to do so with a proper distinction between Law and Gospel, that is, in the context of God’s judgment and mercy. We are ever to be mindful that it is God who judges the hearts of sinful men and grants His gracious word of forgiveness to us all.

1.10.1.6When there is repentance and reconciliation, the body of Christ rejoices in its oneness with Christ and with one another.

1.10.2This procedure is established to resolve, in a God-pleasing manner, disputes that involve as parties,

1. members of the Synod;
2. corporate Synod or an agency of the Synod;
3. members of congregations challenging the procedure used in their excommunications;
4. auxiliaries and recognized service organizations that have agreed to address call- related disputes through the dispute resolution system, in regard to such disputes; or
5. members of congregations of the Synod elected or appointed to positions with the LCMS Board of Directors or an agency of the Synod. It shall be the exclusive remedy to resolve such disputes that involve theological, doctrinal, or ecclesiastical issues except those covered under Bylaw sections 2.14–2.17 and except as provided in Bylaw 1.10.3, and shall be binding on all parties. It is applicable whether the dispute involves only a difference of opinion without personal animosity or is one that involves ill will and sin that requires repentance and forgiveness. No person, congregation, or agency to whom or to which the provisions of this dispute resolution process are applicable because of their membership in the Synod may render this procedure inapplicable by terminating that membership during the course of the dispute resolution process.

1.10.3This chapter provides evangelical procedures to remedy disputes only and does not set forth procedures for expulsion from membership (Constitution Art. XIII and Bylaw sections 2.14–2.17) nor does it set forth procedures for boards of regents’ supervision of faculty and administration as specified in Bylaws 3.10.5.7.5–3.10.5.7.9, 3.10.6.7.1, and 3.10.6.7.5–

3.10.6.7.5.2and 3.10.6.9.4–6*. While Christians are encouraged to seek to resolve all their disputes without resorting to secular courts, this chapter does not provide an exclusive remedy for the following matters, unless such matters involve theological, doctrinal, or ecclesiastical issues, including those arising under the divine call of a member of the Synod:

1. Disputes concerning property rights (e.g., real estate agreements, mortgages, fraud, or embezzlement); and
2. Disputes arising under contractual arrangements of all kinds (e.g., contracts for goods, services, or employment benefits). Even in the case of disputes concerning property rights or disputes arising under contractual arrangements, this dispute resolution process may be used if both parties to a dispute sign written statements agreeing to use and honor the outcome of the process. Definition of Terms as Used in this Bylaw Section 1.10

1.10.4In order to communicate effectively and avoid misunderstanding, it is critical that terms be carefully defined:

1. Administrator: The secretary of a district or of the Synod or an appointee (Bylaw 1.10.6) who manages the dispute resolution process but who does not take leadership, declare judgments, advise, or become involved in the matter in dispute.
2. Appeal Panel: Three district presidents selected according to these bylaws to determine whether the decision of a Dispute Resolution Panel should be reconsidered or reviewed.
3. Blind draw: Selection of names according to the procedures set forth in the Standard Operating Procedures Manual.
4. Complainant: A party and/or parties to a dispute who initiate an action to settle a conflict under the provisions of the Synod’s dispute resolution process.
5. Dispute Resolution Panel: Three persons who are reconcilers selected according to these bylaws and one person who is a nonvoting hearing facilitator selected according to these bylaws, who shall hear matters in dispute between parties and assist in reconciliation or provide for a resolution of the dispute by rendering a final decision.
6. Face-to-face: A meeting face-to-face in person between the parties in dispute in the manner described in Matthew 18:15. Email, regular mail, fax, or telephone call (or any combination thereof) does not satisfy this requirement. (Note: Failure to conduct a face-to-face meeting within 30 days or within such extension as may be established * Commission on Handbook: October 30, 2023; due to 2023 Res. 7-04B [F], Proc. 188–89. by the involved ecclesiastical supervisors shall result in dismissal if the fault lies with the complainant or movement to the next stage if the fault lies with the respondent.)
7. Formal: Efforts to resolve the dispute toward reconciliation beginning with the formal reconciliation meeting.
8. Hearing facilitator: One selected according to these bylaws and trained to serve as a facilitator for hearings before panels.
9. Informal: All efforts toward reconciliation prior to the formal reconciliation meeting.
10. Party and/or parties to a dispute or the matter (Party to the matter in dispute): A “party and/or parties to a dispute” is either a complainant or a respondent. A reconciler, panel member, hearing facilitator or ecclesiastical supervisor is not a “party and/or parties to a dispute.”
11. Persons involved: “Persons involved” includes the complainant, the respondent, the administrator of the process, the ecclesiastical supervisor, a reconciler, panel members, the hearing facilitator, a witness, an advisor, or any others involved in the dispute resolution process.
12. Reconciler: As used in this chapter, a member of The Lutheran Church—Missouri Synod or of an LCMS congregation who is appointed to be available to assist parties to a dispute with a view toward reconciling them or enabling them to adjust or settle their dispute and who has completed the Synod’s training program. A reconciler does not judge or take sides but rather, with the help of God, assists both parties to find their own resolution to the dispute.
13. Reply of respondent: A written response issued by a party to a dispute containing factual assertions that answer a complainant’s statement of the matter in dispute.
14. Respondent: One who is named party to a dispute brought by a complainant.
15. Review Panel: Three reconcilers selected according to these bylaws and one person who is a nonvoting hearing facilitator selected according to these bylaws who shall give a final hearing when the determination of the Appeal Panel is that a decision of the Dispute Resolution Panel should be reconsidered or reviewed.
16. Shall: Retains its compulsory meaning in this bylaw section. Its use, however, in connection with time frame expectations may require exceptions at times upon good cause shown, to be allowed by the administrator of the process.
17. Standard Operating Procedures Manual: A comprehensive procedures manual developed by the Commission on Constitutional

1.10.5Before any matter is submitted to the formal reconciliation process, the parties involved in a dispute must meet together, face-to-face, in a good- faith attempt to settle their dispute in the manner described in Matthew 18:15 and may involve the informal use of a reconciler. And further, before any matter is submitted to the formal reconciliation process, the complainant must meet and consult with the appropriate ecclesiastical supervisor to seek advice and also so that it can be determined whether this is the appropriate bylaw procedure (Bylaw section 1.10) or whether the matter falls under Bylaw sections 1.8, 2.14, 2.15, 2.16, or 2.17, or Bylaws 3.10.5.7.9, 3.10.6.7.1, and 3.10.6.7.5.2 or 3.10.6.9.6*. In regard to this consultation:

1. From this point forward in this process, in the case of multiple complainants or multiple respondents, the district president of the respondent decides whether or not each complainant and/or respondent proceeds singly and individually, or as a group.
2. The district president of the complainant shall inform the district president of the respondent that a consultation is underway. He may also seek advice from the vice-presidents of his own district or from the district president of the respondent. The district president may also ask for an opinion of the Commission on Constitutional Matters (CCM) and/or the Commission on Theology and Church Relations (CTCR). The district president must follow any opinion received from either the CCM or the CTCR, which shall be rendered within 30 days or such additional time as the district president may allow.
3. Within 45 days of the conclusion of the consultation and receipt of any advice or opinions as described above, the district president shall advise the complainant and the district president of the respondent of the appropriate bylaw section to be followed, and shall provide evangelical supervision, counsel, and care to the party or parties.
4. If Bylaw section 1.10 applies, the district president shall require the complainant to meet face-to-face with the respondent in the manner described in Matthew 18:15 if the complainant has not already done so.
5. The reputation of all parties to a dispute is to be protected as commanded in the Eighth Commandment. The goal throughout is * Commission on Handbook: October 30, 2023; due to 2023 Res. 7-04B [F], Proc. 188–89. always one of reconciliation, of repentance and forgiveness, even if the following proceedings are carried out.
6. Should the otherwise appropriate ecclesiastical supervisor be the intended respondent, or be disqualified due to conflict of interest, the next qualified district officer without such a conflict shall conduct the consultation and provide the attendant evangelical supervision, counsel, and care.

1.10.6If any party to the dispute is of the opinion that informal reconciliation efforts have failed, such party, in consultation with the appropriate ecclesiastical supervisor, shall submit a request to the administrator of the dispute resolution process, the secretary of the Synod or district, or an appointee, as appropriate, that a reconciler be appointed to assist in seeking reconciliation. Such request shall be accompanied by:

1. a written statement of the matter in dispute; and
2. a written statement setting forth, in detail, the informal efforts that have been made to achieve reconciliation. If the secretary of the Synod or district is a party to the matter in dispute, has a conflict of interest, or serves as a witness, then the President of the Synod or the district president, as appropriate, shall appoint an administrator of the process in the matter.

1.10.6.1The administrator shall within 15 days select the reconciler in the manner hereinafter set forth and then notify the parties to the dispute as to the name and address of the reconciler. He/she shall also forward to the chosen reconciler and the respondent the statement of the matter in dispute and the written statement of the informal reconciliation efforts.

1.10.6.2If the reconciler determines that informal reconciliation efforts have been inadequate, the reconciler shall direct the parties to the dispute to engage in further informal reconciliation efforts. Such additional time shall not exceed 60 days.

1.10.6.3If informal reconciliation efforts do not resolve the matter, the reconciler shall direct the respondent to submit to the reconciler and the complainant a written reply responding to the statement of the matter in dispute. The reconciler shall simultaneously arrange a formal reconciliation meeting with the parties to the dispute. Such meeting shall be scheduled by the reconciler at the earliest reasonable date possible, at a location which will minimize travel for the parties to the dispute.

1.10.6.4At the formal reconciliation meeting, the reconciler shall listen to the facts as presented by the parties to the dispute and seek to reconcile their differences on the basis of Christian love and forgiveness. With the approval of the reconciler, each party may, in the manner described in Matthew 18:16, bring one or two persons to the meeting “so that every matter may be established by their testimony.” Such meeting shall not be open to the public, nor shall any formal record be made thereof. The reconciler may draw upon persons and resources that the reconciler deems necessary to assist in the reconciliation process.

1.10.6.5Upon conclusion of the formal reconciliation meeting or meetings, the reconciler shall prepare a written report which contains

1. the actions of the reconciler;
2. the issues that were resolved:
3. the issues that remain unresolved;
4. a statement whether reconciliation was achieved;
5. the statement of the complainant as to informal reconciliation efforts;
6. the statement of the matter in dispute; and
7. any reply by the respondent. All other communication that takes place during the reconciliation process shall be considered strictly confidential, including all oral and written communications of the parties to the dispute. The report, therefore, shall not contain any such information nor shall it contain any opinion of the reconciler regarding the dispute. The report and the attachments shall be provided only to the parties to the dispute and the secretary of the Synod or district as appropriate.

1.10.7If the parties to a dispute with the assistance of the reconciler have been unable to achieve reconciliation, the complainant shall notify the Secretary of the Synod within 15 days after receiving the report from the reconciler if the matter is to be presented to a Dispute Resolution Panel.

1.10.7.1If the complainant requests the formation of a Dispute Resolution Panel, the Secretary of the Synod, or his representative, shall within 21 days select such a panel in the prescribed manner and then forward to each panel member a copy of the report of the reconciler with its attachments.

1.10.7.2Each Dispute Resolution Panel shall have a nonvoting hearing facilitator who will serve as chairman of the panel.

1.10.7.3The formal hearing before the Dispute Resolution Panel shall be conducted by the hearing facilitator within 45 days after the Hearing Panel was constituted. The hearing facilitator shall, within 15 days of panel formation, confer with the parties and the Dispute Resolution Panel to select the date and location of the formal hearing. The formal hearing may be delayed for a short time beyond the 45-day period with the unanimous consent of the panel members.

1.10.7.4The following rules for the Dispute Resolution Panel shall apply:

1. The hearing shall be private, attended only by the parties to the dispute and one advisor of each party’s choice, should any party desire one. This advisor shall not address the panel or participate in the discussion at the hearing. Witnesses who can substantiate the facts relevant to the matter in dispute may be called before and address the panel. The administrator of the process shall not attend the hearing or serve as a witness. The panel shall establish the procedure to be followed in the hearing and the relevancy of evidence so that each party shall be given an opportunity fully to present its respective position. In performing its duty, the panel shall continue efforts to reconcile the parties to the dispute on the basis of Christian love and forgiveness.
2. Within 30 days after the final hearing, the panel shall issue a written decision that shall state the facts determined by the panel and the reasons for its decision.
3. The panel shall forward a copy of its decision to
   1. each party to the matter in dispute;
   2. the Secretary of the Synod;
   3. the President of the Synod; and
   4. the president of the respective district.
4. Subject to request for review or appeal (contemplated or pending), the final decision of a Dispute Resolution Panel shall
   1. be binding upon the parties to that dispute;
   2. have no precedential value;
   3. be carried out by the appropriate person, group, or member of the Synod; and
   4. be publicized as deemed appropriate under the circumstances by the district president or the President of the Synod.

1.10.8Within 15 days after receiving the decision of the Dispute Resolution Panel, any party to the dispute or the President of the Synod, if a question of doctrine or practice is involved (Constitution Art. XI B 1–3), may appeal the decision. The President may also request that an opinion of the

1.10.8.1Such appeal shall be mailed to the Secretary of the Synod, each member of the Dispute Resolution Panel, and the other parties to the dispute and shall be accompanied by a written memorandum stating the basis of the request.

1.10.8.2Within 21 days after receipt, an Appeal Panel shall be selected in the prescribed manner, and the Secretary of the Synod shall send the appeal to each panel member. (a) Copies of the entire official record of the case, including the full report of the reconciler, the decision and all documentary evidence considered by the Dispute Resolution Panel, and the written appeal request shall be provided to the members of the panel. The panel shall make its decision on the basis of the minutes and written decision of the Dispute Resolution Panel and the documentary evidence received and reviewed. (b) The panel shall concern itself only with those issues originally addressed by the Dispute Resolution Panel, unless issues were identified by the Dispute Resolution Panel for which it did not make a decision. (c) The panel shall decide only whether to approve reconsideration of the decision of the Dispute Resolution Panel. The panel shall not approve a request for a new hearing on the basis of newly discovered evidence unless such evidence was clearly not available to the Dispute Resolution Panel and was not the fault of the party requesting the reopening of the case, and unless it is clear that the absence of such evidence resulted in a gross miscarriage of justice. (d) The standards of review, which define the parameters for the panel’s consideration of an appeal, limit the panel’s review to three basic areas.

1. Factual findings: The Appeal Panel shall review factual findings of the Dispute Resolution Panel only to determine if they are supported by evidence. The Appeal Panel shall not ordinarily sit in judgment of the Dispute Resolution Panel’s conclusions regarding evidence, since that panel was in the best position to judge factual issues. The Appeal Panel must be convinced that a mistake has been committed, that is, that the evidence is such that reasonable minds could not disagree.
2. Conclusions on authority: The Appeal Panel may approve an appeal if the Dispute Resolution Panel was clearly outside its authority, e.g., a decision that the panel had no authority to make under the Constitution and Bylaws, or a decision on an issue not identified by the Dispute Resolution Panel, or a decision on a theological question that the panel had no authority to make.
3. Discretionary acts: The Appeal Panel may approve an appeal if there was a clear abuse of discretion impacting the decision of the Dispute Resolution Panel, resulting in a gross miscarriage of justice, or that involves an obvious and inappropriate bias or prejudice.

1.10.8.3Within 30 days after its formation, the Appeal Panel shall issue its written decision in response to the request for reconsideration.

1.10.8.4If an appeal is granted, the Secretary of the Synod, or his representative, shall, within 21 days, select a Review Panel in the prescribed manner (Bylaws 1.10.15ff.). The Review Panel shall generally decide the issue by following the procedure used by a Dispute Resolution Panel (Bylaws 1.10.7ff.) but may decide the issue on the record without further formal hearing if deemed sufficient and appropriate.

1.10.8.5The final decision of the Review Panel shall

1. be binding upon the parties to that dispute and not be subject to further appeal;
2. have no precedential value;
3. be carried out by the appropriate person, group, or member of the Synod; and
4. be publicized as deemed appropriate under the circumstances by the district president or the President of the Synod. Congregation’s Right of Self-Government

1.10.9The congregation’s right of self-government shall be recognized. However, when a decision of a congregation is at issue, a Dispute Resolution Panel may review the decision of the congregation according to the Holy Scriptures and shall either uphold the action of the congregation or advise the congregation to review and revise its decision. If the congregation does not revise its decision, the other congregations of the Synod shall not be required to respect this decision, and the district involved shall take action with respect to the congregation as it may deem appropriate.

1.10.10Each district board of directors shall appoint and maintain a district roster of four reconcilers (ministers of religion—ordained, ministers of religion— commissioned, and laypersons), no more than two of whom shall be ministers of religion—ordained, from a list supplied by the circuit visitors of the district. The Synod shall provide appropriate training within six months following each national Synod convention.

1.10.10.1The term of service of a reconciler shall be six years, renewable immediately following every even-numbered regular Synod convention (e.g., 64th in 2010, 66th in 2016, 68th in 2023, etc.) without term limitations. Reconcilers shall be people “of good reputation, full of the Holy Spirit and wisdom” (Acts 6:3). Vacancies shall be filled by the district board of directors in the same manner as regular appointments. The district board of directors may add to the district roster of reconcilers a reconciler who has moved into the district from another district.

1.10.10.2One of the four shall be chosen by blind draw according to the procedures set forth in the Standard Operating Procedures Manual (hereafter referred to as the SOPM) by the secretary of the district to serve as reconciler in the following situations arising in the district:

1. Procedural questions involved in excommunication cases;
2. Cases in which a member of the Synod shall have been removed from the position that such member holds in a congregation that is a member of the Synod;
3. Cases in which a person, whether or not a member of the Synod, is removed from the position which the person holds in the district; and
4. Cases involving differences between congregations within the same district or between a congregation and its district.

1.10.10.3The members of the district roster of reconcilers of all the districts shall comprise the Synod’s roster of reconcilers. One member of the Synod’s roster of reconcilers shall be chosen by blind draw according to the SOPM by the Secretary of the Synod in all disputes except those

1. enumerated in Bylaw 1.10.10.2; or
2. cases under Article XIII of the Constitution, which shall follow the procedure for terminating membership set forth in Bylaw sections 2.14–2.17.

1.10.10.4A 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.

1.10.11Limitations on holding multiple offices (e.g., Bylaw 1.5.1.2) do not apply to reconcilers the position of reconciler.† * 2023 Convention: Res. 10-01 [C], Proc. 214. † Commission on Handbook: November 14, 2023.

1.10.11.1If a reconciler moves from the district where appointed, such reconciler shall remain as a member of the Synod’s roster of reconcilers until the term of service of the reconciler expires.

1.10.11.2If all of the district reconcilers are unavailable for a particular matter, the secretary of the district shall request that a reconciler from another district be chosen in the prescribed manner by the secretary of the other district. Hearing Facilitators*

1.10.12After 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.

1. 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 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.
2. Any vacancy in an unexpired term shall be filled in the same manner as described above.

1.10.12.1Limitations on holding multiple offices (e.g., Bylaw 1.5.1.2) do not apply to hearing facilitators the position of hearing facilitator.†

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

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

1.10.12.3A 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.‡

1.10.13The Synod’s roster of reconcilers shall comprise the list from which dispute resolution panel voting members will be selected. * 2023 Convention: Res. 10-01 [A, B], Proc. 213–14. † Commission on Handbook: November 14, 2023. ‡ 2023 Convention: Res. 10-01 [C], Proc. 214.

1.10.13.1Each Dispute Resolution Panel shall consist of three voting members, at least one of whom shall be a minister of religion—ordained and one a layperson.

1. Nine names shall be selected by a blind draw from the dispute resolution roster.
2. No member of a panel shall be from the district in which the dispute arose or, if it is a Synod question, from any district in which a party holds membership. No two members of a panel shall be from the same district.
3. The list shall be mailed simultaneously to each party, who shall be entitled to strike three names and return the list to the Secretary of the Synod within one week.
4. The Secretary of the Synod shall correct any problem with the panel from the remaining names by blind draw according to the SOPM. In the event that additional names are needed, three names will be selected in the manner set forth above and those names submitted to each party who shall have a right to strike one. In the event that there is more than one remaining, the Secretary shall determine the final member by a blind draw according to the SOPM from the remainder.

1.10.13.2The hearing facilitator shall be selected as follows:

1. Three names shall be selected by a blind draw according to the SOPM from the hearing facilitator roster.
2. No hearing facilitator shall be from the district in which the dispute arose or from any district in which a party holds membership or from any of the panel members’ districts.
3. The list shall be mailed simultaneously to each party, who shall be entitled to strike one name and return the list to the Secretary of the Synod within one week.
4. The Secretary of the Synod shall correct any problem with the panel from the remaining names by blind draw according to the SOPM. In the event that additional names are needed, three names will be selected in the manner set forth above and those names submitted to each party, who shall have the right to strike one. In the event that there is more than one remaining, the Secretary shall determine the final member by a blind draw according to the SOPM from that remainder.

1.10.13.3The hearing facilitator shall conduct the hearing, shall serve as chairman of the panel, and may draw upon persons and resources that he deems necessary for conducting a hearing in a fair and equitable manner.

1.10.13.4The Dispute Resolution Panel shall select its own secretary from its members.

1.10.14The Appeal Panel shall be made up of three district presidents who shall be trained for such service.

1. One district president shall be selected by the complainant, one selected by the respondent, and the third selected by the two appeal panel members so selected.
2. If the two appeal panel members cannot agree on a third, the Secretary of the Synod shall select the third member by blind draw according to the SOPM from the remaining district presidents.

1.10.15Review Panel members shall be selected from the Synod’s roster of reconcilers.

1.10.15.1Each Review Panel shall consist of three voting members, at least one of whom shall be a minister of religion—ordained, and at least one layperson.

1. Nine names shall be selected by a blind draw according to the SOPM from the roster of reconcilers of the Synod.
2. No member shall be from the district in which the dispute arose, or, if it is a Synod question, from any district in which a party holds membership. No two members of a panel shall be from the same district. No member shall have served on the previous Hearing Panel.
3. The list shall be mailed simultaneously to each party, who shall be entitled to strike three names and return the list to the Secretary of the Synod within one week.
4. The Secretary of the Synod shall correct any problem with the panel from the remaining names by blind draw according to the SOPM. In the event that additional names are needed, three names will be selected in the manner set forth above and those names submitted to each party who shall have the right to strike one. In the event that there is more than one remaining, the Secretary shall determine the final member by a blind draw according to the SOPM from that remainder.

1.10.15.2The hearing facilitator shall be selected as follows:

1. Three names shall be selected by a blind draw according to the SOPM from the hearing facilitator roster.
2. No hearing facilitator shall be from the district in which the dispute arose or from any district in which a party holds membership or from any of the panel members’ districts. The hearing facilitator shall not have assisted the previous Hearing Panel.
3. The list shall be mailed simultaneously to each party, who shall be entitled to strike one name and return the list to the Secretary of the Synod within one week.
4. The Secretary of the Synod shall correct any problem with the panel from the remaining names by blind draw according to the SOPM. In the event additional names are needed, three names will be selected in the manner set forth above and those names submitted to each party, who shall have the right to strike one. In the event that there is more than one remaining, the Secretary shall determine the final member by a blind draw according to the SOPM from that remainder.

1.10.15.3The hearing facilitator shall serve as chairman of the panel, and may draw upon persons and resources that he/she deems necessary for conducting a hearing in a fair and equitable manner.

1.10.15.4The Review Panel shall select its own secretary from its members.

1.10.16The standard for disqualification of a reconciler or panel member or hearing facilitator shall be actual partiality or the appearance thereof.

1.10.16.1Any party and/or parties to a dispute shall have the right to request disqualification of a reconciler, panel member, or hearing facilitator. If that individual does not agree to the disqualification, the decision shall be made by a separate three-member panel of reconcilers drawn for that purpose.

1. Nine names shall be selected by blind draw from the Synod’s roster of reconcilers.
2. The list shall be mailed simultaneously to each party, who shall be entitled to strike up to three names. The list shall be returned to the Secretary of the Synod within one week after receipt.
3. The Secretary of the Synod shall correct any problem with the list. No member of the panel shall be from the district in which the dispute arose or any district of any party to the dispute. No two panel members shall be from the same district. If more names remain than are needed, the final selection shall be made by blind draw.
4. In the event that additional names are needed, three names will be selected in the manner set forth above, which names shall be submitted to each party, who shall have the right to strike one name before returning the list to the Secretary of the Synod within one week.

1.10.16.2In the event that a reconciler, panel member, or hearing facilitator is disqualified, another individual shall be chosen by blind draw.

1. Three names shall be selected by blind draw from the Synod’s roster of reconcilers or hearing facilitators as appropriate.
2. The list shall be mailed simultaneously to each party, which shall be entitled to strike one of the names. The list shall be returned to the Secretary of the Synod within one week after receipt.
3. The Secretary of the Synod shall correct any problem with the list. No member of the panel shall be from the district in which the dispute arose or any district of any party to the dispute. No two panel members shall be from the same district. If more names remain than are needed, the final selection shall be made by blind draw.
4. In the event that additional names are needed, three names shall again be selected in the manner set forth above, which names shall be submitted to each party with the right to strike one name before returning the list to the Secretary of the Synod within one week.

1.10.16.3An individual who has served as a reconciler in a matter shall not be a member of the Dispute Resolution Panel in the same matter.

1.10.17The Dispute Resolution Panel, Appeal Panel, or Review Panel shall issue a decision based on a majority vote of the panel.

1. A majority of the panel members shall be involved in all stages of the decision-making process.
2. The hearing facilitator shall serve as an advisor to the panel on the form but not the substance of the decision.
3. In the event that a majority decision cannot be reached, a new panel shall be formed immediately in accordance with the Bylaws and the matter reheard.

1.10.18Reconcilers, Dispute Resolution Panels, Appeal Panels, and Review Panels shall be governed in all their actions by Holy Scripture, the Lutheran Confessions, and the Constitution and Bylaws of the Synod.

1.10.18.1The following rules of procedure shall be followed:

1. In the interest of promoting the reconciliation process, any member of the Synod, officer of a congregation, or officer of the Synod or an agency of the Synod shall, when called upon by a Dispute Resolution Panel, Appeal Panel, or Review Panel to do so, testify or produce records related to the dispute.
2. Each party and/or parties to a dispute shall assume its/their own expenses. The expenses of reconcilers, Dispute Resolution Panels, and Review Panels shall be borne by the Synod, except for those that arise under Bylaw 1.10.10.2, which shall be borne by the district.
3. No party and/or parties to a dispute or anyone on the party’s behalf shall either directly or indirectly communicate with the reconciler, the hearing facilitator, or any member of the Dispute Resolution Panel,