# LCMS Convention Workbook_St. Louis Missouri_1983_S206 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 206 STRUCTURE AND CONSTITUTION 8.15 Duration and Effect of Suspension The suspension of the member shall remain in effect until a decision is reached by the Commission on Adjudication, provided that in the event that the decision of the Commission on Adjudication is to the effect that such member should be expelled from the Synod and a further appeal is taken, the suspension shall remain in effect until a final decision is reached by the Commission on Appeals. During the period of suspension a member shall be relieved (i) of his duties (but not his rights) as a member of the Synod and (ii) of the duties and responsibilities of his position with the Synod or with a District of the Synod, or with an organization owned and controlled by the Synod. Such suspension, however, shall not. of itself. act to relieve a member of duties and responsibilities of his position with a congregation which is a member of the Svnod. but the District President shall notify the congregation of such suspension so that the congre- gation may take such action as it deems appropriate. D. RULES OF PROCEDURE AND ADMINISTRATIVE REGULATIONS 8.31 Establishing and Amending Rules and Regulations Commissions on Adjudication and the Commis- sion on Appeals shall be governed by and shall follow such rules of procedures and administrative regula- tions as shall be promulgated by. and may from time to time be changed by. the Commission on Appeals. provided that rules and regulations (and any changes thereto) shall not be effective until in printed form and until six months after official notice of the availability thereof shall have been duly published in an official periodical of the Synod, and provided further, that any changes in such rules and regula- tions shall not be effective as to actions then in progress unless all parties to any such action shall consent in writing to the application of such changes. In all events. such rules and regulations shall be consistent with the following basic principles: submit the case to the Commission on Adjudication as herein provided. Any challenge to the eligibility of the District President to act shall be determined by the synodical President. g. If the District officers fail to act within 60 days after the complainant has notified the District Presi- dent in writing that he wishes to pursue the matter, the complainant may petition the President of the Synod, who by virtue of the power given him in the Constitution (Article XI, B, 1-3 inclusive) shall make inquiries and may on his own initiative institute proceedings, take administrative action, and, if neces- sary, present charges to the appropriate District Commmission on Adjudication. If after a reasonable time the synodical President does not intend to institute proceedings, he shall so inform the com- plainant and the involved member in writing. 8.43 Duration and Effect of Suspension a. The suspension of a member shall remain in effect until a decision is reached by the Commission on Adjudication, provided that in the event the decision of the Commission on Adjudication is that such member should be expelled from the Synod, and if a further appeal is taken, the suspension shall remain in effect until a final decision is reached by the Commission on Appeals. During the period of suspension a member shall not be relieved of his rights and responsibilities under the Constitution and Bylaws, but he shall be relieved (1) of his duties as a member of the Synod (e.g., delegate to a District or synodical convention, membership on District or synodical boards and commissions) and (2) of the duties and responsibilities of his position with the Synod or with a District or other organization owned and controlled by the Synod, and he shall be ineligible for service in the Synod. Suspension, however, shall not, of itself, act to relieve a member of duties and responsibilities of his position with a congregation which is a member of the Synod. but the District President shall notify the congregation of the suspen- sion so that the congregation may take action as it deems appropriate. b. The Commission on Adjudication shall keep all parties to the case and the District President informed as to the procedural progress it is making in the case and shall bring the case to a conclusion within three months from the effective date of suspension except (1) where a longer time is deemed necessary to guarantee the rights of all parties, (2) as permitted under Bylaw 8.41 d. or (3) for other good cause. c. All parties to the case shall have the right to appeal the decision of the Commission on Adjudica- tion and must file notice of their intent to appeal to the Commission on Appeals within 30 days of receipt of the decision from the Commission on Adjudication. E. RULES OF PROCEDURE 8.51 Establishing and Amending Rules of Procedure Commissions on Adjudication and the Commis- sion on Appeals shall be governed by and shall follow Rules of Procedure which shall be consistent with these Bylaws, and may from time to time be changed by the Commission on Appeals. The Rules of Proce- dure shall become effective immediately after the Commission on Appeals has transmitted its revi- sions to the Secretary of the Synod. The Secretary of the Synod shall distribute the revised Rules of Procedure without delay to the President of the Synod. to all District Presidents. and to all Commis- sions on Adjudication. The fact of their availability should be published in an official periodical of the Synod. Any changes in the Bylaws and or Rules of Procedure shall not be effective as to actions then in progress unless all parties shall consent in writing to