# LCMS Convention Proceedings_St. Louis Missouri_1965_S131 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) a need for certain changes in the synodical Handbook; therefore be it Resolved, That the following Handbook sections be revised, amended, or deleted as follows: V. SUSPENSION, EXPULSION, AND APPEALS A. THE BOARD OF APPEALS 5.01 Membership a. A Board of Appeals shall be elected by the Synod and by each District. The Board of Appeals of the Synod shall consist of four clergymen, one teacher, and four laymen, two of whom shall be Jawyers. The Board of Appeals of a District shall consist of two clergymen, one teacher, and two laymen, at least one of whom shall be a lawyer. b. Nominees failing of election shall serve as alternate members of the Boards of Appeals of the Synod and of the Districts, as the case may be, in their respective classifications of clergymen, teachers, or laymen. ce. With the exception of members of the faculties of the educational institutions of the Synod, no individual holding any position in the Synod or in any of its Districts or in any organization owned and controlled by the Synod shall be eligible for membership on a Board of Appeals. 5.03 Term of Office Members of the Synod’s Board of Appeals and of District Boards of Appeals shall be elected for such term and in such manner as is specified in Section 2.07 of the Bylaws but without limitation as to reelection. [Nore: This assumes that Section 2.07 will be rewritten to con- form with Resolution 6-39, p. 132 of the 1962 Proceedings.] 5.05 Disqualification At any stage of any proceeding before a Board of Ap- peals, a member of the board may be disqualified from act- ing in such proceeding if the member has a conflict of inter- est. Disqualification may be by the voluntary act of the member himself or by the action of the Board of Appeals on its own initiative or upon the complaint of any party to the proceeding. The remaining members of the Board shall decide such proceeding. 5.07 Vacancies Vacancies on any Board of Appeals shall be filled by alternates (in the respective classifications of clergymen, teachers, or laymen) in the order of the number of votes received by the nominees in the election of such board. If there are no alternates available, such board shall choose any eligible communicant member of a congregation of the Synod (in the respective classification of clergyman, teacher, or layman) to fill the vacancy. Any person filling a vacancy shall complete the unexpired term of the member of the board whose vacancy is being filled. If a vacancy should occur after proceedings in a case have begun, the remaining members of the board shall nevertheless continue the pro- ceedings and render a decision, and the person appointed to fill such vacancy shall not participate in such case. B. JURISDICTION OF BOARDS 5.21 District Boards of Appeals _ a. Each District Board of Appeals shall have original Jurisdiction in the following three situations: 1. cases arising within its District under Article XIII of the Constitution; 2. cases in which, by action of its District, a member of the Synod shall have been removed from the position which he holds within the District; 3. cases involving differences between congregations within its District. _ b. Each District Board of Appeals shall have appellate jurisdiction in all cases which arise from a decision of a con- gregation within its District involving excommunication or removal of a member of the Synod from office. CONSTITUTIONAL MATTERS, MEMBERSHIP APPLICATIONS 131 5.23 The Synod’s Board of Appeals a. The Synod’s Board of Appeals shall have original ju- risdiction in the following five situations: 1. cases in which a member of the Synod shall have been removed from the position he holds in the Synod or in any organization owned and controlled by the Synod; 2. cases involving differences between Districts; 3. cases involving differences between a congregation and a District; 4. cases involving differences between congregations in different Districts. b. The Synod’s Board of Appeals shall have appellate jurisdiction in all cases which arise from the decision of a District Board of Appeals. C. ADMINISTRATIVE PROCEDURES 5.31 Original Cases in a District a. If a member of the Synod is accused of an act which could result in expulsion from the Synod under Article XIII of the Constitution and if the member consents to expulsion, the District President shall publish such fact in the official publications of the Synod and shall so report to the next District convention. If the member so accused does not con- sent to expulsion and the officials of the District who have acted in the matter, including the District President, have exhausted all administrative efforts and are convinced that the member should be expelled from the Synod, the District President, in consultation with the District Vice-Presidents, may suspend the member. The District President shall then submit the case within seven days to the District Board of Appeals for adjudication by filing with the District Board of Appeals in writing the names of the parties involved, the charges against the accused member, all documentary evi- dence, and a memorandum of the administrative action which has been taken. A copy of the charges and a memorandum of the administrative action which has been taken shall be sent to the parties involved. In any case in which the Dis- trict President is disqualified or unable to act, the First Vice- President or the next qualified District officer shall be autho- rized to suspend and to submit the case to the District Board of Appeals as herein provided. The suspension of the mem- ber shall remain in effect until a decision is reached by the District Board of Appeals, provided that in the event a fur- ther appeal is taken from a decision of the District Board of Appeals to the effect that such member should be expelled from the Synod, the suspension shall remain in effect until a final decision is reached by the Synod’s Board of Appeals. During the period of suspension the member shall be relieved of his rights as a member of the Synod and of the duties and responsibilities of his office. If the District officers fail to act, the President of the Synod, by virtue of the power given him in the Constitution (Article XI, B, 1, 2, 3), may on his own initiative institute proceedings, take administrative action, and, if necessary, present charges to the District Board of Appeals. b. If a member of the Synod is removed from his position in a situation described in Section 5.21 a, 2, he may appeal his case to the District Board of Appeals by filing a written statement of his case with the Board of Appeals and furnish- ing a copy thereof to the District President. c. If differences should arise between two or more con- gregations within the same District and the differences can- not be settled by the Circuit Counselor or by other officers of the District, any such congregation or the District President may submit such differences to the District Board of Appeals by filing a written statement of the nature of the differences with the District Board of Appeals and furnishing copies thereof to the congregations involved and to the District President. 5.33 Appeal Cases in a District Before a.party may appeal a case to a District Board of Appeals pursuant to the provisions of section 5.21 b, he shall first present his case to the Circuit Counselor. If the Circuit Counselor cannot settle the matter, the party shall present his case to the District President. If his efforts should also fail, the case may be submitted to the District Board of Ap- peals by the party, who shall file a written statement of the