To Amend Bylaw 1.10.18.1 (g) to Allow Parties to Record Proceedings

Preamble Bylaw 1.10.18.1 (g) includes, “All Dispute Resolution Panel, Appeal Panel, or Review Panel records of disputes in which a final decision has been rendered by the Dispute Resolution Panel, Appeal Panel, or Review Panel shall be placed in the custody of Concordia Historical Institute. All such records shall be sealed….” Some of the issues that lead to the dispute resolution process begin with private actions and conversations, so it is wise and proper to maintain confidentiality. However, some issues begin with public actions and conversations that affected the Church, so it is unwise and improper to conceal the hearings from public view. Public accusation is not resolved by private response (Acts 16:37).

WHEREAS, Staff, congregations, districts, and the Synod can do anything without risk of legal consequences; and

WHEREAS, Dispute resolution reconcile rs, as normal sinful people subject to error, can and do misjudge and ignore real harm to victims and show deference to powerful perpetrators; and

WHEREAS, This may leave victims of harm no way to seek redress, apology, or amendment of harm, and no way to enforce the award of monetary damages; and

WHEREAS, Anything and everything may be secret and undocumented; and

WHEREAS, The dispute resolution process is effectually a trial that passes judgment on the validity of the complaint which may damage the career of the accused or leave the complainant further victimized; and

WHEREAS, In Scripture, the Lutheran Confessions, and normal standards of the secular world, the accused is to see and hear the evidence, and both parties are to receive an impartial, complete public examination; and

WHEREAS, Dispute resolution reconcile rs are normal sinful people with varying abilities, andyet they have absolute power over the careers of roster ed church workers and over the individuals who make complaints; and

WHEREAS, No report is made concerning the success or failure of dispute resolution reconcile rs, and so the members of a district are unaware and unable to evaluate them for appointment and reappointment; and

WHEREAS, The dispute resolution process is forced arbitration and enforced by non-disclosure under penalty of dismissal from Synod membership and civil judgment; and

WHEREAS, Even anormal dispute resolution situation is unequal, and it is disastrous when there is a victim-perpetrator issue or if it between unequal parties; and

WHEREAS, A common result is a wounded person who is left without reconciliation and so is harmed again; therefore be it

Resolved, That all non-disclosure clauses, including those in the past, no longer be in effect and be forbidden in the future; and be it further

Resolved, That the accused and complainant be permitted to record the entire proceedings and be given copies of all documentation, and that the mandate for two witnesses in 1 Tim. 5:19 be met by one witness and documentation; no one and nothing may be kept secret from the accused; and be it further

Resolved, That the ruling must be supported by public testimony and documents; if the accused resigns from public office before the ruling, then the complaint remains secret since tale bearing is sin;

and be it finally

Resolved, That Bylaw 1.10.18.1 (g) be amended as follows: PRESENT/PROPOSED WORDING Rules of Procedure … 1.10.18.1 The following rules of procedure shall be followed: … (g) All Dispute Resolution Panel, Appeal Panel,or Review Panel records of disputes in which a final decision has been rendered by the Dispute Resolution Panel, Appeal Panel, or Review Panel shall be placed in the custody of Concordia Historical Institute. All such records shall be sealed and shall be opened only for good cause shown and only after permission has been granted by a Dispute Resolution Panel, selected by blind draw for that purpose.The accused and complainant are permitted to record the entire proceedings, and be given copies of all documentation. …