# LCMS Convention Workbook_St. Louis Missouri_2001_S276 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 276 STRUCTURE, PLANNING, AND ADMINISTRATION a. When, either by a written complaint of any person or by his own personal knowledge, facts which could lead to the ex- pulsion of a member from the Synod under Article XIII of the Constitution are made known to the District President who has ecclesiastical supervision of such member, the District President shall 1. immediately inform the member of the complaint, allega- tions, or charges against the member and provide the member with a copy of the complete documentation concerning the mat- ter. 2. thoroughly investigate whether the complaint, allegations, or charges can be substantiated. In the event the District Presi- dent is disqualified because he is a party to the matter in dis- pute, has a conflict of interest, or is unable to act, the First Vice-President or the next qualified District officer to function in this instance shall act in the place of the District President. Any challenge to the eligibility of the District President to act, which is not agreed to by the District President, shall be deter- mined by the Praesidium of the Synod. 3. follow the guidelines of Matt. 18:15—16 and may appoint a small committee to assist in reconciliation efforts if the com- plaint, allegations, or charges relate to the teaching and practice of false doctrine. In following the guidelines of Matt. 18:15~16, however, the District President shall recognize and act upon the distinction between complaints, allegations, and charges touch- ing on false doctrine and issues of professional misconduct, es- pecially criminal misconduct, so that victims of such miscon- duct are not re-victimized. b. If the District President concludes that the facts form a basis for expulsion of the member under Article XIII of the Con- stitution, the District President shall 1. prepare a written statement of the matter in dispute which sets forth the alleged facts and states that he is requesting ex- pulsion of the member from the Synod in accord with Article XIII of the Constitution. 2. provide the member with a. a copy of the written statement of the case; b. a written notification of the member’s suspended staus under Bylaw 2.25; ¢. written notification that lhe member has 15 days from the date of receipt of the statement of the case to appeal by asking the Secretary of the Synod to form a Dispute Resolu- tion Panel to hear the appeal. Failure by the member to ap- peal within the 15-day period shall be deemed to be consent to termination of membership in the Synod. c. The District President shall take those steps necessary to assure that the spiritual needs of the member are attended to and continue efforts to resolve those matters which led to the com- mencement of the formal action against such member. d. If the District President declines to suspend the member or fails to acl within 90 days after receipt of the written com- plaint, the complainant may request an appeal to the Praesidium of Synod within 15 days of the date of the District President's action or the 90-day deadline for action. 1. Such an appeal request shall be mailed to the Secretary of the Synod, the District President, and the member who was charged, and the request shall be accompanied by a written memorandum stating the basis for the request. 2. Within 30 days after the receipt of the request for appeal, the Praesidium shall issue in writing its decision to accept or deny the request for appeal. 3. If an appeal is granted, the complainant shall present the Praesidium with the written complaint and all documentation pertinent 1o the complaint. The Praesidium, in turn, shall inform the member of the complaint and provide the member with a copy of the complaint and the documentation it has received from the complainant. e. The Praesidium shall act within 90 days of receipt of the written complaint. f. lf the Praesidium decides that the facts form a basis for expulsion of the member under Article XIII of the Constitution, the Praesidium shall proceed in the same fashion as required of the District President (as stipulated above in sections a, b, and Cc). 2001 Convention Workbook g. If the Praesidium determines not to proceed, it shall in writing so inform the complainant and the involved member, which shall terminate the matter. h. Because the President of the Synod has ecclesiastical su- pervision of all District Presidents, the President of the Synod shall proceed in the same fashion as a District President if he re- ceives a complaint relative to a District President. In cases under this subparagraph the synodical President shall not participate as a member of the Praesidium, and the next qualified officer of the Synod shall function in the place of the President. [New Bylaw] 2.28 Appealing Action to Terminate Congregational or Individual Membership a. A congregation or an individual appealing the decision to terminate membership in the Synod may appeal by asking the Secretary of the Synod to form a Dispute Resolution Panel in accordance with Chapter VIII of these Bylaws. The Secretary of the Synod shall also inform the District President that the ter- mination decision has been appealed. When so notified of the appeal by the Secretary of the Synod, the District President shail forward to the Secretary of the Synod the statement of the mat- ter in dispute. Furthermore, if the dispute relates to a complaint, allegation, or charge of teaching and practicing false doctrine, the District President shall also forward to the Secretary of the Synod a written memorandum describing the manner in which there was compliance with the mandate of Matt. 18:15-16. b. When the matter has been formally presented to the Dis- pute Resolution Panel, the Panel shall promptly undertake a hearing of the matter in accord with the provisions of Chapter VIII of these Bylaws. If the matter involves individual member- ship, the calling or contracting body is encouraged to continue financial support, existing housing, and insurance of individual members until the final decision is rendered. Minnesota South District 7-108 To Add Time Limitations to Bylaw 2.27 re Suspension WHEREAS, Bylaw 2.27 b currently reads, in cases involving a written complaint against a member of the Synod which may re- sult in termination of congregational or individual membership in the Synod: “If the District President declines to suspend the mem- ber or fails to act within 90 days after receipt of the written com- plaint, the complainant may present the written complaint to the Praesidium of the Synod”; and WHEREAS, In a May 22, 1998, opinion regarding the “Meaning of the Term ‘Fails to Act,’” the Commission on Constitutional Matters of the Synod ruled: “Such inaction would mean no mea- sures were initiated within the 90 day period to ascertain the truth or falsity of the complaint allegations” but that “The Bylaws are ‘silent regarding the length of time a District President has to con- clude action on a complaint’; and Wtereas, The Bylaws do not stipulate how long a complainant has to appeal a decision by the District President; and WHEREAS, Matters of doctrinal charges brought against a mem- ber of the Synod deserve the highest priority and quickest resolu- tion for the sake of peace and order in Christ’s church; therefore be it Resolved, That Bylaw 2.27 b be changed to read as follows: PRESENT/PROPOSED WORDING If the District President declines to suspend the member or fails te-eet to conclude action on a complaint within 90 days after receipt of the written complaint, the complainant may pre- sent the written complaint to the Praesidium of the Synod, which consists of the President and the Vice-Presidents of the Synod. A District President may take longer than 90 days to conclude action on a complaint only under extenuating circumstances and may not frustrate the intent of this Bylaw. A complainant like- wise has 90 days after receipt of a District President’s decision to appeal such decision to the Praesidium of the Synod or, if a District President because of extenuating circumstances requires longer than 90 days 10 conclude action on a complaint, the com-