# LCMS Convention Workbook_St. Louis Missouri_2016_S431
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION
Resolved, That the Commission on Constitutional Matters,
together with the Commission on Handbook and two representatives
of the Council of Presidents, one being chosen by the Chairman of
the Council of Presidents and one being chosen by the President
of the Synod, be formed as a committee to study procedures in the
Constitution and Bylaws concerning ecclesiastical supervision in matters concerning the potential expulsion of members of the Synod;
and be it finally
Resolved, That this committee draft proposed revisions to the
Bylaws of the Synod which will clarify procedures concerning
ecclesiastical supervision in Synod’s Constitution and Bylaws and
present these proposed revisions to the 2019 LCMS convention for
consideration.
South Dakota District

431

Whereas, There is no procedure in the current Bylaws for
removal of an officer of the Synod or district from office; and
Whereas, Constitution Art. XI A 2 states, “The Synod at all times
has the right to call its officers to account and, if circumstances require
it, to remove them from office in accordance with Christian procedure”; therefore be it
Resolved, That the following bylaws be adopted and placed into
the Handbook of the Synod:
PROPOSED WORDING
Removal of Officers of Synod or District from Office
1.5.8 Officers of the Synod and district shall discharge the duties
of their offices in good faith. The following are considered cause for
removal from office pursuant to this bylaw, but not from membership
in the Synod:

12-40

1. Incapacity

To Adopt New Method for Dealing with Charges
of Heresy Apart from Existing Expulsion Process

3. Neglect or refusal to perform duties of office

Whereas, The first objective of the Synod reads: “The Synod,
under Scripture and the Lutheran Confessions, shall— 1. Conserve
and promote the unity of the true faith (Eph. 4:3–6; 1 Cor. 1:10), work
through its official structure toward fellowship with other Christian
church bodies, and provide a united defense against schism, sectarianism (Rom. 16:17), and heresy” (Constitution Art. III, emphasis
added); and
Whereas, The current method of dealing with charges of heresy
is through the existing expulsion process; and
Whereas, Disputes over behavior or other difficulties in personal
relationships are of a nature other than those regarding charges of
heresy; and,
Whereas, The Synodical Union has had difficulty maintaining
this first objective as a result of the inability of the existing expulsion
process to handle charges of heresy; therefore be it
Resolved, That the President of the Synod appoint a task force
comprised of one professor from each seminary, two district presidents, one parish pastor, one commissioned minister, and three
laypersons (one of whom shall be an attorney) to develop bylaws
for dealing with heresy, to be presented to the 2019 Synod convention; and be it further
Resolved, That all charges of heresy be brought directly to the
Praesidium of the Synod for a determination as to whether such
charges have grounds to be considered under the bylaws for dealing
with heresy; and be it finally
Resolved, That the Montana District meeting in convention memorialize the 2016 Synod convention to make this resolution its own.
Montana District
12-41

To Establish Procedure for Removal of Officers
of Synod or District from Office
Whereas, Recent conventions of the Synod have adopted procedures for the removal of members of boards and commissions and of
Synod reconcilers from office; and
Whereas, For a variety of reasons, an officer of the Synod or
a district may be unable or unwilling to fulfill the duties of his/her
office; and

2. Breach of fiduciary responsibilities to the Synod or agency
4. Conviction of a felony
1.5.8.1 Unless otherwise specified in these Bylaws, the procedure
for removal of an officer of the Synod or district from his/her office
shall be as follows:
(a) Action for removal from office of an officer of a district other than a
district president shall require written notice to each member of that
district’s board of directors at least 30 days prior to a special meeting of the board called for that purpose. A copy of such notice shall
be sent to the President and the Secretary of the Synod and to the
ecclesiastical supervisor, if applicable.
(b) Action for removal from office of a district president or an officer of
the Synod shall require written notice to each member of the Synod’s Board of Directors at least 30 days prior to a special meeting of
the board called for that purpose. A copy of such notice shall be sent
to the President and the Secretary of the Synod and to the ecclesiastical supervisor, if applicable.
(c) The special meeting shall be held no later than 60 days after the
provision of the written notice, unless extended by the mutual agreement of the parties.
(d) Removal from office of an officer of a district, other than a district
president, shall be effected by
(1) recommendation of such to the Synod’s Board of Directors
by a vote in favor of removal by at least three-fourths of all
current members of the district board of directors (excluding
the officer in question if a member of the board); and
(2) by a vote in favor of the recommendation of removal by at
least three-fourths of all current members of the Board of
Directors of the Synod.
(e) Removal from office of a district president or an officer of the Synod
shall be effected by a vote in favor of the recommendation of removal by at least three-fourths of all current members (excluding
the officer in question if a member of the board) of the Board of
Directors of the Synod.
(f) Removal may be appealed by the officer who has been removed from
office through the use of the Synod’s dispute resolution process as
provided in Bylaw 1.10.
1.5.8.2 To the extent that the application of this bylaw is limited
by applicable law with respect to the removal officers of the Synod or
district from office, the Synod’s Board of Directors may recommend
the removal and attempt to cause the appropriate procedures under applicable law and these Bylaws to be followed to permit the removal of
such officer.

Board of Directors
Southern Illinois District
2016 Convention Workbook