# LCMS Convention Workbook_St. Louis Missouri_1973_S116 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 116 SEMINARY ISSUES 6.81 Incompetency or Incapacity A Board of Control, after due investigation of the facts and circumstances and after consultation with the Board for Higher Education, may relieve of his office any member of the administrative or teaching staff who is manifestly and demonstrably incompetent or incapacitated for the successful performance of his duties because of physical, men- tal, or emotional disabilities, provided, however, that any such person shall be entitled to appeal such decision under the provisions of Sections 5.01 ff. 6.83 Removal from Office The Board of Control shall duly investigate all the facts and circumstances and shall refer its find- ings to the Board for Higher Education when a member of the administrative or teaching staff of any institution is to be formally charged with con- tumacious refusal to cooperate with the president and faculty of the institution and officers and boards of the Synod to an extent that will injure or inter- fere with the purpose and objectives of the institu- tion, or with willful neglect of official duties, or with conduct unbecoming a Christian, or with promulgation of an adherence to false doctrine. If the Board for Higher Education concurs in the findings, it shall make necessary recommendations to the District President who is to proceed accord- ing to Sections 5.11 ff., with the provision, however, that in the event of a suspension the case shall be submitted to the synodical Commission of Adjudi- cation. 2.143 Duties of Committee for Convention Nominations c. The committee shall nominate candidates for all elective offices, boards, and commissions except the President and Vice-Presidents. 6.05 Duties (of the Board for Higher Education) s. have such additional powers, duties, and juris- diction as may from time to time be prescribed and authorized by resolution of the Synod. or conduct unbecoming a Christian and in which the complainant finds unacceptable the decision of the Board of Control not to pursue the charge, he may be dealt with by the District President or the synodical President and be removed from member- ship in the Synod and therefore from office in har- mony with the provision of the Constitution and Bylaws of the Synod (e.g., Constitution Article Il, 7—8; VI; XI, B; XII, 6~9; XIII; Bylaws 1.05, 1.09, 2.27, 3.45, 3.49, chapter V, Bylaw 6.79c). 6.81 Appeals The normal appeals procedure set forth in chap- ter V of the Bylaws shall apply, with the pro- vision that if the case has been handled by the Board of Control (Bylaw 6.79) and not by the ecclesiastical authorities (Bylaw 6.80) the Com- mission of Adjudication shall be bypassed, not withstanding the provisions of chapter V of the Bylaws, and the case shall go directly to the Board of Appeals. Either the accused or the complainant may resort to such an appeal, but the appeal must be made within 90 days after the action has been communicated. If the complainant makes no ap- peal, the accused shall have the right to request a public announcement that the charge has been dismissed. 6.82 Modified Service and Retirement (Present 6.79) Delete: covered by proposed 6.77 c. Delete: covered by Sections 6.79 and 6.80, 2.143 Duties of Committee for Convention Nominations c. The committee shall nominate candidates for all elective offices, boards, and commissions except the President and Vice-Presidents and the Boards of Control of the synodical institutions. 6.05 Duties s. shall nominate two candidates for each posi- tion on a Board of Control of a synodical institution at least 5 months prior to the convention and trans- mit its nominations to the secretary of the Synod in ample time to provide for its publication in a pre- convention issue of the official publications of the Synod and also in the official convention workbook of reports and overtures (Convention Workbook).