LCMS Convention Workbook St. Louis, Missouri — 1981, Page 142

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Resolved, That the provisions of the present Article XIII be
deleted, and in lieu thereof the following provisions be adopted:
ARTICLE XIII Reconciliation, Adjudication, Appeal, and
Expulsion.

A. Reconciliation, Adjudication and Appeal

1. The provisions herein are established in order
to provide a means consistent with the Word of God to
find the truth, provide for justice, safeguard the
welfare of the Synod, and wherever possible, effect
reconciliation consistent with the Word of God. The
provisions of this article shall apply to all cases of
disagreement, accusation. or controversy in which all
the parties are within the following: the Synod, a
District of the Svnod, organizations owned and con-
trolled by the Synod, executives holding positions
with any of the foregoing, or members of the Synod.

2. Covered in this article are (a) those who are
defined as members of the Synod in Article V of the
Constitution (congregations, clergymen, and teach-
ers) (b) all who though not covered under the member-
ship defined in Article V nevertheless serve as officers
and administrators of the Synod or the Districts of
the Synod, who serve on boards and commissions of
the Synod and its Districts as well as their respective
executives and administrators, and faculty members,
and (c) administrators, executives, and members of
the boards of directors of organizations owned and
controlled by the Synod.

3. Those subject to the jurisdiction of the Synod or
its Districts as herein defined, whether or not they are
members of the Synod, who act contrary to or refuse
to abide by or comply with the Constitution, Bylaws,
or the duly and regularly adopted resolutions of the
Synod pertaining to their official duties and responsi-
bilities, or who persist in immoral and offensive
conduct, shall be subject to suspension from their
office and if the charges are sustained, shall be
removed from any office or position which they hold
in the Synod, its Districts, or any organization owned
or controlled by the Synod or its Districts.

+. An appeal to the adjudicatory process in all
cases of excommunication by a congregation may be
made only after review by the Circuit Counselor and
District President has taken place.

B. Expulsion

1. Members who act contrary to the confession
laid down in Article II and to the conditions of
membership laid down in Article VI or persist in
immoral or offensive conduct shall, after futile
admonition be expelled from the Synod.

2. Expulsion shal] be executed only after follow-
ing the procedure set forth in the Bylaws of the
Synod.

3. If the person expelled is a pastor or teacherina
congregation of the Synod, such congregation, unless
it has already done so, shall depose him from office
and deal with him in accordance with the Word of
God, notwithstanding an appeal. If the congregation
persistently refuses, the respective District shall deal
with the congregation. If all negotiations and admon-
itions fail of their purpose, such congregation forfeits
its membership in the Synod.

4. Those who are expelled or who forfeit or sever

their membership in the Synod shall not share in the
property of the Synod.

Cc.

All actions covered by this article shall be taken
and determined in accordance with the procedures set
forth in the Bylaws of the Synod. No provision of this
article shall be construed in any way to contradict the
provisions of Article VII of the Constitution.

3. The Office of First Vice-President

WHEREAS, The Synod has established the office of First
Vice-President to advise, assist, or represent the President and
to succeed to the presidency if the President’s office is vacated
or if the President becomes incapacitated; and

WHEREAS, The office of First Vice-President as an assistant
to the President has always been regarded of vital importance
to the President because of the many duties and responsibili-
ties involved in the conduct of his office: and

WHEREAS, The elected First Vice-President may not be
compatible with or have the administrative expertise deemed
necessary to serve the President as his administrative assis-
tant: and

WHEREAS, It is more realistic and practical that the Presi-
dent be free to select his own administrative assistant(s); there-
fore be it

Resolved, That the office of First Vice-President be declared
a nonvoting, part-time position and be filled by a person on the
clergy roster of the Synod who, upon induction, does not hold
either an elective or nonelective position in the Synod or its
Districts. colleges. seminaries, or agencies; and be it further

Resolved, That the President of the Synod, with the
approval of the Board of Directors, shall have the option to
employ one or more full-time presidential assistants who may
or may not be Vice-Presidents; and be it finally

Resolved, That in elections subsequent to 1981 the First
Vice-President be nominated and elected in the same manner
as the other Vice-Presidents.

4. The Office of Treasurer

WHEREAS, The Treasurer of the Synod is now a full-time
salaried employee of the Synod and, as a member of the Board
of Directors, is called upon to engage in the evaluation of his
own management and performance in the custodianship and
management of the Synod's money and several trusteeships
and, under the direction of the Board of Directors, in the
management of the Synod’s property; and

WHEREAS, Under Bylaw 2.15 a the Synod has established
the policy not to permit dual elective office and not to permit the
holding of two offices of which one is directly responsible for
the work of the other; and

WHEREAS, The Treasurer is held accountable to the Board of
Directors in the review and overview of his custodianship and
management of the Syond’s money and several trusteeships,
and is accountable to the Board of Directors in the manage-
ment of the Synod’s property, the custodianship of which is
placed directly under the management and supervision of the
Board of Directors; and

WHEREAS, The salary of the Treasurer is fixed by the Board
of Directors, and the board is charged with the responsibility of
writing management policies regarding the functions of the
Treasurer regarding the Synod’s money and trusts; and

WHEREAS, These overlapping, concurrent responsibilities
and obligations as between the Treasurer and the Board of
Directors are not only a potential for conflict, but decisions
made can be suspect, and the legal responsibilities of each
could be brought into question; therefore be it

Resolved, That the Treasurer of the Synod be appointed by
the Board of Directors; serve under its general management
and supervision; act as chief financial officer, trust officer, and
depositary of the Synod; and sit with the Board of Directors as
an advisory member.

5. Commission on Constitutional Matters

WHEREAS, In the provisions of 2.107 a of the Bylaws (Hand-
book, p. 67) the Secretary of the Synod is named the fifth
member of the Commission on Constitutional Matters (CCM):
and

WHEREAS, The Secretary of the Synod is not only a full-time
constitutionally designated member of the Board of Directors
but is also declared to be the corporate secretary of the Synod
(Bylaw 2.39 a), serves as secretary of the Board of Directors of