Collection › LCMS Convention Workbook (St. Louis, Missouri) › 1983 · 55th Convention › Page 201
LCMS Convention Workbook St. Louis, Missouri — 1983, Page 201

Scan: The Lutheran Church—Missouri Synod
Transcription machine transcription, uncorrected

STRUCTURE AND CONSTITUTION 201

As provided by Res. 2-23, President Ralph Bohlmann
appointed a committee during the biennium. The committee
held a series of meetings during which it conducted athorough
review of the adjudication process. The committee requested
input from District Presidents. It also sought the advice of the
Secretary of the Synod and the Synod’s legal counsel.

The committee’s recommendations represent an orderly
development rather than a radical departure from past prac-
tice. An attempt was made to highlight informal methods of
achieving reconciliation which should precede formal adjudi-
catory processes. Particular attention was also given to time
limits for various stages of processes. Times were set which
allow for proper preparation of briefs and which at the same
time also prevent undue delays in reaching decisions.

PRESENT WORDING

VIII. ADJUDICATION AND
APPEAL

A. BASIC PRINCIPLES
8.01 General Purposes and Objectives

The provisions of this article 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 (i) in all cases of excommunica-
tion and (ii) in all cases of disagreement, accusation,
or controversy in which all the parties are within the
following: the Synod, District of the Synod, organiza-
tions owned and controlled by the Synod, persons
holding positions with any of the foregoing, or
members of the Synod.

8.09 Definition of Terms as Used
in This Article

a. “Organization owned and controlled by the
Synod” shall be construed to include any board,
department, division, committee, or commission of
the Synod, Radio Station KFUO, Concordia Histori-
cal Institute, The Lutheran Church—Missouri Synod
Foundation, Concordia Publishing House, and all
educational institutions operated by the Synod, but
shall not for the purposes of this Article include the
Districts of the Synod.

b. “Members of the Synod” shall mean those
individuals and congregations holding membership
in the Synod specified within Article V of the Consti-
tution of the Synod.

c. “Position” shall include (i) membership on a
board or commission, (ii) status as an officer (includ-
ing a Circuit Counselor), and (iii) any executive
employment (as defined by the respective corporate
board) regardless of whether the position was filled
by election, appointment, or call, whether lay or
clergy.

The committee is not proposing any changes in Article XIII
of the Constitution.

Richard G. Bodenstab, attorney at law
Chairman, Commission on Appeals

Carl A. Eberhard
Chairman, Commission on Constitutional Matters

Walter F. Strickert, Secretary
First Vice-President, Missouri District

Elwood H. Zimmermann
President, Indiana District

Paul A. Zimmermann, Chairman
President, Concordia College
River Forest, Ill.

PROPOSED WORDING

VIII. RECONCILIATION,
ADJUDICATION,
AND APPEAL

A. GENERAL PRINCIPLES
8.01 Purposes and Objectives

The provisions of this chapter are established in
order to provide a means consistent with the Holy
Scriptures to find the truth, provide for justice, and
safeguard the welfare of the Synod, members of the
Synod, and those holding positions with the Synod,
with an organization owned and controlled by the
Synod, or with a congregation which is a member of
the Synod. These provisions are made available with
the expectation that through them and otherwise
every effort shall be made to effect reconciliation (1)
in all cases of excommunication and (2) in all cases of
disagreement, accusation, or controversy as to which
all parties are the Synod, Districts of the Synod, or
other organizations owned and controlled by the
Synod, members of the Synod, or persons holding
positions with any of the foregoing.

8.03 Definition of Terms as Used
in This Chapter

a. “Synod” shall mean that organization organ-
ized under the Constitution to which these Bylaws,
including the provisions of this chapter, are
appended.

b. “Organizations owned and controlled by the
Synod” shall be construed to include any board,
commission, committee, or council of the Synod,
Radio Station KFUO, Concordia Historical Institute,
The Lutheran Church—Missouri Synod Foundation,
Concordia Publishing House, Lutheran Church
Extension Fund—Missouri Synod, all Districts, and
all educational institutions owned and maintained
by the Synod.

c. “Members of the Synod” shall mean those
pastors, teachers, and congregations holding mem-
bership in the Synod as specified within Article V of
the Constitution of the Synod.

d.‘‘Position” shall include (1) membership on a
board, commission, committee, or council; (2) status
as an officer (including a Circuit Counselor); and (3)
any executive employment (as defined by the appro-
priate corporate board) regardless of whether the
position was filled by election, appointment, or call,
whether lay or clergy.

e. “Party to a case” or ‘‘party to the case’”’ shall
mean the person(s) originating a formal charge (who
may be referred to as the “complainant{s]’ or the
“plaintiff[s}’) and the person(s) being accused (who
may be referred to as the ‘‘defendant[s}’) or, if the
subject of the proceeding is a disagreement or contro-
versy, not an accusation, such term shall mean each
person and entity, the rights of whom or which will or