# LCMS Convention Workbook_St. Louis Missouri_1981_S142 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 142 TASK FORCE Resolved, That the provisions of the present Article XIII be deleted, and in lieu thereof the following provisions be adopted: ARTICLE XIII Reconciliation, Adjudication, Appeal, and Expulsion. A. Reconciliation, Adjudication and Appeal 1. The provisions herein are established in order to provide a means consistent with the Word of God to find the truth, provide for justice, safeguard the welfare of the Synod, and wherever possible, effect reconciliation consistent with the Word of God. The provisions of this article shall apply to all cases of disagreement, accusation. or controversy in which all the parties are within the following: the Synod, a District of the Svnod, organizations owned and con- trolled by the Synod, executives holding positions with any of the foregoing, or members of the Synod. 2. Covered in this article are (a) those who are defined as members of the Synod in Article V of the Constitution (congregations, clergymen, and teach- ers) (b) all who though not covered under the member- ship defined in Article V nevertheless serve as officers and administrators of the Synod or the Districts of the Synod, who serve on boards and commissions of the Synod and its Districts as well as their respective executives and administrators, and faculty members, and (c) administrators, executives, and members of the boards of directors of organizations owned and controlled by the Synod. 3. Those subject to the jurisdiction of the Synod or its Districts as herein defined, whether or not they are members of the Synod, who act contrary to or refuse to abide by or comply with the Constitution, Bylaws, or the duly and regularly adopted resolutions of the Synod pertaining to their official duties and responsi- bilities, or who persist in immoral and offensive conduct, shall be subject to suspension from their office and if the charges are sustained, shall be removed from any office or position which they hold in the Synod, its Districts, or any organization owned or controlled by the Synod or its Districts. +. An appeal to the adjudicatory process in all cases of excommunication by a congregation may be made only after review by the Circuit Counselor and District President has taken place. B. Expulsion 1. Members who act contrary to the confession laid down in Article II and to the conditions of membership laid down in Article VI or persist in immoral or offensive conduct shall, after futile admonition be expelled from the Synod. 2. Expulsion shal] be executed only after follow- ing the procedure set forth in the Bylaws of the Synod. 3. If the person expelled is a pastor or teacherina congregation of the Synod, such congregation, unless it has already done so, shall depose him from office and deal with him in accordance with the Word of God, notwithstanding an appeal. If the congregation persistently refuses, the respective District shall deal with the congregation. If all negotiations and admon- itions fail of their purpose, such congregation forfeits its membership in the Synod. 4. Those who are expelled or who forfeit or sever their membership in the Synod shall not share in the property of the Synod. Cc. All actions covered by this article shall be taken and determined in accordance with the procedures set forth in the Bylaws of the Synod. No provision of this article shall be construed in any way to contradict the provisions of Article VII of the Constitution. 3. The Office of First Vice-President WHEREAS, The Synod has established the office of First Vice-President to advise, assist, or represent the President and to succeed to the presidency if the President’s office is vacated or if the President becomes incapacitated; and WHEREAS, The office of First Vice-President as an assistant to the President has always been regarded of vital importance to the President because of the many duties and responsibili- ties involved in the conduct of his office: and WHEREAS, The elected First Vice-President may not be compatible with or have the administrative expertise deemed necessary to serve the President as his administrative assis- tant: and WHEREAS, It is more realistic and practical that the Presi- dent be free to select his own administrative assistant(s); there- fore be it Resolved, That the office of First Vice-President be declared a nonvoting, part-time position and be filled by a person on the clergy roster of the Synod who, upon induction, does not hold either an elective or nonelective position in the Synod or its Districts. colleges. seminaries, or agencies; and be it further Resolved, That the President of the Synod, with the approval of the Board of Directors, shall have the option to employ one or more full-time presidential assistants who may or may not be Vice-Presidents; and be it finally Resolved, That in elections subsequent to 1981 the First Vice-President be nominated and elected in the same manner as the other Vice-Presidents. 4. The Office of Treasurer WHEREAS, The Treasurer of the Synod is now a full-time salaried employee of the Synod and, as a member of the Board of Directors, is called upon to engage in the evaluation of his own management and performance in the custodianship and management of the Synod's money and several trusteeships and, under the direction of the Board of Directors, in the management of the Synod’s property; and WHEREAS, Under Bylaw 2.15 a the Synod has established the policy not to permit dual elective office and not to permit the holding of two offices of which one is directly responsible for the work of the other; and WHEREAS, The Treasurer is held accountable to the Board of Directors in the review and overview of his custodianship and management of the Syond’s money and several trusteeships, and is accountable to the Board of Directors in the manage- ment of the Synod’s property, the custodianship of which is placed directly under the management and supervision of the Board of Directors; and WHEREAS, The salary of the Treasurer is fixed by the Board of Directors, and the board is charged with the responsibility of writing management policies regarding the functions of the Treasurer regarding the Synod’s money and trusts; and WHEREAS, These overlapping, concurrent responsibilities and obligations as between the Treasurer and the Board of Directors are not only a potential for conflict, but decisions made can be suspect, and the legal responsibilities of each could be brought into question; therefore be it Resolved, That the Treasurer of the Synod be appointed by the Board of Directors; serve under its general management and supervision; act as chief financial officer, trust officer, and depositary of the Synod; and sit with the Board of Directors as an advisory member. 5. Commission on Constitutional Matters WHEREAS, In the provisions of 2.107 a of the Bylaws (Hand- book, p. 67) the Secretary of the Synod is named the fifth member of the Commission on Constitutional Matters (CCM): and WHEREAS, The Secretary of the Synod is not only a full-time constitutionally designated member of the Board of Directors but is also declared to be the corporate secretary of the Synod (Bylaw 2.39 a), serves as secretary of the Board of Directors of