# LCMS Convention Proceedings_St. Louis Missouri_1986_S168 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) a 168 RESOLUTIONS until a decision is reached by the Commission on Ad- judication, provided that in the event the decision of the Commission on Adjudication is duly appealed, the sus- pension shall remain in effect until a final decision is reached by the Commission on Appeals. During the pe- riod of suspension a member shall not be relieved of any rights under the Constitution and Bylaws, but an in- dividual member shall be relieved (1) of his duties as a member of the Synod (e.g., to serve as a delegate to a district or synodical convention, membership on district or synodical boards and commissions) and (2) of the du- ties and responsibilities of any position he or she holds with the Synod or with a district or other agency of the Synod, and shall be ineligible for accepting a call to any other position of service in the Synod. Suspension, how- ever, shall not, of itself, act to relieve an individual mem- ber of duties and responsibilities of any other position held by the member, including a position with a con- gregation which is a member of the Synod, but the dis- trict president shall notify the congregation or other entity being served of the suspension so that the con- gregation or other entity 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 endeavor to bring the case to a conclusion within three months from the effective date of suspen- sion except (1) where a longer time is deemed necessary to guarantee the rights of all parties, (2) as permitted under Bylaw 2.27 c, or (3) for other good cause. c. A complainant, the member whose membership is subject to termination, and the appropriate district president shall each have the right to appeal the deci- sion of the Commission on Adjudication. Notice of intent to appeal to the Commission on Appeals must be filed within 30 days after receipt of the decision of the Com- mission on Adjudication. d. In any case in which a Commission on Adjudica- tion or the Commission on Appeals shall decide that the suspension of a pastor or teacher of the Synod should be set aside, the commission shall, as part of its decision, determine the extent to which and the manner in which the individual shall be reimbursed for any loss of income suffered during the period of suspension. This deter- mination shall be binding on all parties. If the decision is appealed, the Commission on Appeals shall also re- view the decision concerning reimbursement for loss of income. E. REINSTATEMENT OF INDIVIDUALS INTO MEMBERSHIP 2.31 Eligibility for Reinstatement Any person who at any time has held individual membership in the Synod but has resigned that mem- bership, or whose membership in the Synod has been terminated, is eligible to seek reinstatement into mem- bership. However, there is no inherent right to mem- bership in the Synod, and the decision as to whether to accept or deny a request for reinstatement shall be at the sole discretion of the Council of Presidents. 2.33 Procedure All applications by individuals for reinstatement into membership in the Synod shall be addressed to the president of the district in which the applicant last held membership. Procedures for investigating and process- ing requests for reinstatement which are generally ap- plicable to all situations shall be the responsibility of the Council of Presidents. The president of the district shall review the matter and shall ordinarily make a recommendation to the Council of Presidents, but may be excused by the council from making such a recom- mendation where circumstances warrant. A decision to reinstate shall require an affirmative vote of at least 15% of the district presidents present and voting, and shall be by written ballot. If the applicant is reinstated, the district president shall publish this fact in an official periodical of the Synod. A decision not to reinstate shall be unappealable, but the individual may reapply for reinstatement three or more years after his or her last preceding application has been denied. F. MISCELLANEOUS PROVISIONS WITH RESPECT TO MEMBERS 2.35 Duties of Members Every member of the Synod shall diligently and ear- neatly promote the purposes of the Synod by word and eed. 2.37 Duties of Advisory Members Advisory members of the Synod shall attend district conventions, but they shall not be elected by any con- gregation or by any group of congregations as lay del- egates to a national convention of the Synod, nor shall they be accredited as such. 2.39 Relation of the Synod to Its Members a. The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregational and individual members of the Synod. The Synod expects congregations that have not been received into mem- bership, but are served by the Synod, and whose min- isters of religion, ordained and commissioned, hold membership in the Synod, to honor its rules and reg- ulations. b. The Synod expects every member congregation 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 ad- visory body, recognizes the right of the congregation to be the judge of the applicability of the resolution as applied 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. c. While retaining the right of brotherly dissent, members of the Synod are expected as part of the life together within the synodical fellowship to honor and to uphold the resolutions of the Synod. If such resolu- tions are of a doctrinal nature, dissent is to be expressed first within the fellowship of peers, then brought to the attention of the Commission on Theology and Church Relations before finding expression as an overture to the convention calling for revision or recision. While the conscience of the dissenter shall be respected, the con- sciences of others, as well as the collective will of the Synod, shall also be respected. d. Membership of a congregation in the Synod gives the Synod no equity in the property of the congregation. 2.41 District Through Which Membership Is Held; Ecclesiastical Supervision a. An individual member of the Synod who is serving a congregation shall hold synodical membership through the district of which the congregation is a mem- r. b. An individual member of the Synod who is serving a district shall hold synodical membership through that district. c. A missionary or chaplain serving under a call by the Synod shall hold synodical membership through the district designated by the missionary or chaplain if ap- proved by the president of that district after consulta- tion with the Board for Mission Services and the president of the district through which membership is currently held. d. An individual member of the Synod who is serving an entity other than a congregation or district, and other than a missionary or chaplain serving under call by the Synod, shall hold membership through the district des- ignated by that person if approved by both the president of that district and the president of the district in whi the entity is located, but shall be subject to the eccle-