# LCMS Convention Workbook_St. Louis Missouri_1973_S440
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

424 REFERRED RESOLUTIONS

Wuereas, The congregations should have the direct privi-
lege and responsibility of providing the delegate to the syn-
odical convention; and

Wuereas, No cogent reason has been shown for changing
the present procedure for electing delegates to the synodical
convention; therefore be it

Resolved, That the Synod refrain from changing the
method of electing delegates to the synodical convention.

To Decline Overture 5-29 (Leaving
to the Discretion of Certain Synodical
Officers Acceptance of Overtures on Social,
Political, and Economic Subjects )

RESOLUTION 5-45
Overture 5-29 (CW, p. 259)

Wuereas, The Synod’s Bylaws (1.27 c) provide: “Over-
tures requesting the Synod to take action which is in con-
flict with the Constitution or Bylaws of the Synod or in
matters for which the Constitution or Bylaws have provided
specific procedures; which contain defamatory allegations:
or overtures which may subject the President of the Synod
or the Synod to civil actions for libel or slander, shall not
be published or presented to any floor committee or to the
convention; nor shall any overture be accepted with refer-
ence to any case involving suspension, expulsion, or ap-
peals”; and

Wuereas, It is unwise to grant to officers of Districts or
the Synod additional powers at this time to prevent over-
tures from coming before the convention; therefore be it

Resolved, That we refrain from accepting Overture 5-29.

To Provide Bylaw for Controversies
Within Faculties
RESOLUTION 5-47
Overture 5-81 (CW, p. 273)

WHEREAS, Section 6.75 of the Bylaws (Handbook, p. 132)
provides for the mediation of controversies among faculty
members by the Board of Control, but does not state that
faculty members, other than the president, shall have the
right to request such mediation: and

WHEREAS, It appears that all faculty members, including
the president, should have the right to request mediation
of the Board of Control: and

Whereas, The aforementioned Bylaw makes the decision
of the Board of Control final, contrary to the established
principle of appeal in the Synod; therefore be it

Resolved. That Bylaw 6.75 be amended by inserting in
line 5 after the word “he” the following: “or any other mem-
ber of the faculty involved in the controversy or disagree-
ment”; and be it further

Resolved, That the words in the last line of said section
on page 132 of the Handbook which states “which shall be
final” be deleted and in lieu thereof the following be in-
serted: “from which decision any party to the mediation
may appeal, either under the appellate procedure now in
effect or hereafter adopted”: and be it finally

Resolved, That with such changes Section 6.75 shall read
as follows:

Controversies and disagreements among mem-
bers of the faculty (other than those set forth in
6.81) shall be submitted to the president of the in-
stitution for mediation. If this Proves unsuccessful,
he or any other member of the faculty who is in-
volved in the controversy or disagreement shal]
report the matter to the Board of Control for ar-
bitration. After hearing the parties, the Board will

render its decision, from which decision any party
to the mediation may appeal, either under the ap-
pellate procedure now in effect or hereafter adopted.

Action: Since Resolution 6-01, which deals with a similar
subject, had been referred by the convention to the Board
of Directors for study, the delegates decided to refer also
this resolution to the Directors for study (17),

To Amend Constitution of LCUSA
RESOLUTION 5-48
(Too late for printing in Today's Business)
Special Assignment, President's Report (TB, p. 210)

Whereas, A request has come from the Lutheran Council
in the U.S.A. in regard to changes in its constitution; and

Wuereas, These matters belong in the hands of the Board
of Directors: therefore be it

Resolved, That this request be referred to the Board of
Directors of the Synod for study and that it report back to
the 1973 synodical convention.

Action: Referred under omnibus resolution to Board of
Directors for study and report to the next convention,

To Adopt “Handbook” Changes Regarding
Removal from Office ( Faculties )

RESOLUTION 6-01
Overture 6-40 (CW, pp. 317—319)

Wuereas, Resolution 6-37 of the Denver convention (1969)
requests the Synod’s Board for Higher Education to prepare
a revision of Handbook sections 6.75, 6.77, 6.81, and 6.83 in
consultation with the Commission on Constitutional Matters
and with appropriate legal authorities, for the consideration
of the next convention and for inclusion in the official Hand-
book of the Synod: therefore be it

Resolved, That the following proposed Handbook changes
be adopted:

6.75 (No change except to omit parenthetical
phrase)

6.77 Removal from Office

a. The Board of Control may decline to renew
the appointment of a faculty member without per-
manent tenure at the time of the expiration of the
term of the appointment, in accordance with para-
graph 6.53 c,

b. No member of the faculty who has been
granted permanent tenure and no member of the
faculty without permanent tenure at times other
than upon the expiration of the term of his appoint-
ment shall be removed from the faculty except for
causes hereinafter enumerated and by procedures
hereinafter described.

c. The only causes for which a member of the
faculty may be removed from office (within the
definitions of a and b above), other than honorable
retirement, are:

1. professional incompetency;

2. incapacity for the performance of duty be-
cause of physical, mental, or emotional disabilities;

3. refusal to cooperate;

4. neglect of or refusal to perform duties of
office;

5. conduct unbecoming a Christian;

6. advocacy of false doctrine (Constitution, Ar-
ticle II).

6.78 Procedure re Conduct Unbecoming a Chris-
tian or Advocacy of False Doctrine

a. If any person desires to bring a complaint of