# LCMS Convention Proceedings_St. Louis Missouri_1971_S157 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) § i i i Fy i ¥ ea ia RESOLUTIONS cusation has been made against him. If the mem- ber consents to the expulsion, the District Presi- dent shall publish such fact in the official periodical of the Synod and shall so report to the next District convention. 5.13 Commencing an Action of Expulsion If a member of the Synod, accused of an act or of conduct which could result in expulsion from the Synod under Article XIII of the Constitution, does not consent to such expulsion, the District President, in consultation with the District Vice-Presidents, may suspend the member, provided, however, that the member shall have been given written notice of the proposed suspension 15 days in advance of the effective date thereof, during which the said mem-_ ber may ask the District President to reconsider on the ground that adequate informal settlement efforts (Section 5.03 b) have not been made. With- in 7 days after the effective date of such suspen- sion, the District President shall submit the case to the District Commission of Adjudication for adjudication in accordance with the provisions hereinafter set forth. In the event that the District President is disqualified or unable to act, the First Vice-President or the next qualified District officer shall be authorized to suspend and to submit the case to the Commission of Adjudication as herein provided. 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, 1-3, inclusive), may on his own initiative institute proceedings, take administrative action, and, if necessary, pre- sent charges to the appropriate District Com- mission of Adjudication, provided, however, that such must be in the same manner as hereinabove set forth for the District officers. 5.15 Duration and Effect of Suspension The suspension of the member shall remain in effect until a decision is reached by the Commission of Adjudication, provided that in the event that the decision of the Commission of 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 de- cision is reached by the Board of 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 responsi- bilities of his position with the Synod or with a District of the Synod, or with an organization owned and controlled by the Synod. Such suspen- sion, 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 such suspension so that the con- gregation may take such action as it deems ap-~ propriate. C. STRUCTURES AND JURISDICTION FOR ADJUDICATION AND APPEAL 5.17 Commissions of Adjudication There shall be a District Commission of Adjudi- cation for each District of the Synod, and one syn- odical Commission of Adjudication. Commissions of Adjudication shall be constituted, have such jurisdiction, and follow such procedures as herein- after set forth. 5.19 Board of Appeals There shall be one Board of Appeals, which shall be constituted, have such jurisdiction, and follow such procedures as hereinafter set forth. 5.21 Jurisdiction of District Commissions District Commissions of Adjudication shall have jurisdiction in the following situations: a) Procedural questions involved in excom- munication cases. 157 b) Cases under Article XIII of the Constitution. c) Cases in which a member of the Synod shall have been removed from the called position which he holds with a congregation which is a member of the Synod. d) Cases in which a person, whether or not a member of the Synod, is removed from the position which he holds with a District of the Synod. e) Cases involving differences between congre- gations within the same District or between a con- gregation and its District. 5.23 Venue of District Commissions A_ District Commission of Adjudication shall handle matters involving parties all of which re- side in such region, provided that if an individual who is a party to such matter has changed his resi- dence subsequent to the occurrence which gives rise to the controversy, the Commission of Adjudi- cation for the District in which the occurrence took place shall handle such matter. 5.25 Jurisdiction of the Synodical Commission The synodical Commission of Adjudication shall handle all matters to which the Synod itself, a District of the Synod (other than a matter within the provisions of Section 5.21 (b), (d) or (e) here- of), an organization owned and controlled by the Synod, or any person, whether or not a member of the Synod, holding a position with the Synod or any organization owned and controlled by the Synod (other than a case within the provisions of Section 5.21 (a) or (b) hereof), is a party, and all matters involving members of the Synod who held, and at the time of the occurrence which gives rise to the controversy held, membership in different regions. 5.27 Jurisdiction or Venue of Commission Dis- puted Where jurisdiction or venue of a Commission of Adjudication is disputed, the Board of Appeals shall, at the request of any party, or of any Com- mission of Adjudication, make (in its sole discre- tion and with the right to have such hearings as it might determine) the decision on jurisdiction or venue, which decision shall be final and binding. 5.29 Jurisdiction of Board of Appeals The Board of Appeals shall handle only appeals of decisions of Commissions of Adjudication. D. RULES OF PROCEDURE AND ADMINISTRATIVE REGULATIONS 5.31 Establishing and Amending Rules and Regu- lations Commissions of Adjudication and the Board of Appeals shall be governed by and shall follow such rules of procedures and administrative regulations as shall be promulgated by, and may from time to time be changed by, the Board of Appeals, provided that rules and regulations (and any changes there- to) shall not be effective until in printed form and until 6 months after official notice of the avail- ability thereof shall have been duly published in the official periodical of the Synod, and provided further, that any changes in such rules and regu- lations 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 prin- ciples: a) A commission or board shall be governed in its acts, procedures, and judgments by the Word of God and Christian principles, b) All hearings before a commission or board shall be private. c) Except as herein or in the rules and regula- tions expressly allowed, while any proceeding is