# LCMS Convention Proceedings_St. Louis Missouri_1971_S159
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

RESOLUTIONS 159

with Section 2.06 of these Bylaws, but without limi-
tation as to reelection.

b) Teachers on the synodical roster may be
elected as clergymen, provided that not more than
one such teacher shall serve on any commission or
board.

c) With the exception of members of the facul-
ties of the educational institutions of the Synod, no
individual holding any position in the Synod, in
any of its Districts, or in any organization owned
and controlled by the Synod shall be eligible for
membership on a Commission of Adjudication or
the Board of Appeals.

5.49 Officers

Each Commission of Adjudication and the Board
of Appeals shall elect a chairman, vice-chairman,
and secretary, and may elect such other officers as
it may determine.

5.51 Case Panel

Each case coming before a Commission of Ad-
judication or Board of Appeals shall be heard and
decided by a panel of at least five members, at
least two of whom shall be clergymen and at least
two of whom shall be laymen, including at least
one lawyer.

5.53 Vacancies

Vacancies on any Commission of Adjudication
or the Board of Appeals shall be filled by alternates
(in the respective classifications of clergymen or
laymen) in the order of the number of votes re-
ceived by the nominees in the election of such
commission or 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 clergy-
men or laymen, and who, in the case of a vacancy
on a District Commission of Adjudication, resides
in said District) to fill the vacancy. Any person fill-
ing a vacancy shall complete the unexpired term of
the member of the commission or board whose va-
cancy is being filled, but shall not participate in
any action in which such member was participat-
ing at the time the vacancy occurred.

5.55 Disqualification

At the outset of any proceeding before a Com-
mission of Adjudication or the Board of Appeals,
a member of the commission or board may be dis-
qualified from acting in such proceeding if the
member has a conflict of interest. Disqualification
may be by the voluntary act of the member him-
self or by the action of the Board of Appeals (i)
on its own initiative or (ii) on the complaint of any
party to the proceeding. In the event a member or
members of a commission or the board shall be so
disqualified, the board or a majority of the remain-
ing members shall designate replacement(s) from
another District commission.

Be it further

Resolved, That the reference in Section 6.83 of the
Handbook to Section 5.31 ff. be changed to 5.11 ff. and
that Handbook Sections 6.65, 6.75, 6.81, and 6.83 have
appropriate language changes to be coordinated with
Section 5.05 hereinabove; and be it finally

Resolved, That a study committee composed of mem-
bers of the Board of Appeals and Commission on Con-
stitutional Matters be appointed by the President of the
Synod to review the appellate process in light of the
foregoing and the Handbook and to report to the next
convention.

Action: Adopted as amended above (16).

(The original proposal of the ad hoc committee called
for the creation of regional commissions of adjudication. An
amendment, introduced in Session 15, carried to change “re-
gional” to “District” throughout, including, by ruling of the
chair, election of District commissions by the Districts and
not by the Synod.)

To Establish Regions for Commissions
of Adjudication

RESOLUTION 5-15
Report 5-03 (CW, pp. 246—249)

Wuereas, Resolution 5-03 states in proposed Bylaw
9.17: “There shall be regional Commissions of Adjudica-
tion for such regions as may be established, and from
time to time changed, by synodical convention .. .”;
therefore be it

Resolved, That this convention establish the present
eight regional boundaries to include the following Dis-
tricts:

I. Canada (ABC, Man.-Sask., Ont.)
If. Atlantic, Eastern, Southeastern, Florida-Geor-
gia
III. Michigan, Ohio, Indiana, English
IV. Mid-South, Southern, Oklahoma, Texas
V. Wis. N., Wis. S., N. IIL, S. IL, C. Il.
VI. Mo., Iowa E., Iowa W., Nebr., Kans.
Vil. Minn. N., Minn. S., N. Dak., S. Dak.
VIII. Northwest, Montana, Wyo., Cal.-Nev., S. Cal.,
Colo.;
and be it further

Resolved, That this committee’s recommendations,
though adopted at the 1971 convention of the Synod, be
implemented at the 1973 convention so that regional
Commissions of Adjudication can be elected at that
time; and be it finally

Resolved, That these provisions can be included in
the 1973 edition of the Handbook.

Action: Withdrawn by the committee when the con-
vention decided to create District rather than regional
commissions of adjudication.

To Decline to Provide for Faculty and Student
Representation on Boards of Control

RESOLUTION 5-16
Overture 5-74, 6-25 (CW, pp. 272, 314)

Wuereas, Membership on the Boards of Control of
students and faculty members will involve conflicts of
interest in many instances (cf. Handbook 6.21, 6.25, 6.26,
6.31, 6.37, 6.39a to h, 6.53a to f, 6.55a to d, 6.57, 6.61,
6.65 h, 6.69, 6.71, 6.75, 6.81, 6.83, 6.91f and h, 6.113, and
6.121); and

Wuereas, The aims of Overture 5-74 can be accom-
plished by other means, particularly with reference to
communication of ideas and opinions; therefore be it

Resolved, That we refrain from adopting Overture
5-74; and be it further