LCMS Convention Workbook St. Louis, Missouri — 1983, Page 205

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STRUCTURE AND CONSTITUTION 205

shall, at the request of any party, or of any Commis-
sion on Adjudication, make (in its sole discretion and
with the right to have such hearings as it might
determine) the decision on jurisdiction or venue,
which decision shall be final and binding.

8.29 Jurisdiction of Commission on Appeals

The Commmission on Appeals shall handle only
appeals of decisions of Commissions on Adjudication.

B. SUSPENSION AND EXPULSION
8.11 Notification of Accusation

When a member of the Synod is accused of an act
or of conduct which could result in expulsion from the
Synod under Article XIII of the Constitution, the
accusation shall be addressed in writing to the Presi-
dent of the District in which said member holds
membership. The District President shall promptly
inform such member that such an accusation has
been made against him. If the member consents to the
expulsion, the District President shall publish such
fact in an official periodical of the Synod and shall so
report to the next District convention.

8.13 Commencing an Action of Expulsion

If a member of the Synod, accused of an act or of
conduct which could result in expulsion from the
Synod under Article XIII of the Constitution, does not
consent to such expulsion, the District President, in
consultation with the District Vice-Presidents, may
suspend the member, provided, however, that the
member shall have been given written notice of the
proposed suspension 15 days in advance of the
effective date thereof, during which the said member
may ask the District President to reconsider on the
ground that adequate informal settlement efforts
(Section 8.03 b) have not been made. Within seven
days after the effective date of such suspension, the
District President shall submit the case to the District
Commission on Adjudication for adjudication in
accordance with the provisions herein after set forth.
In the event that the District President is disqualified
or unable to act, the First Vice-president or the next
qualified District officer shall be authorized to
suspend and to submit the case to the Commission on
Adjudication as herein provided.

If the District officers fail to act, the President of
the Synod, by virtue of the power given him in the
Constitution (Article XI, B, 1-3, inclusive), may on his
own initiative institute proceedings, take admini-
strative action, and, if necessary, present charges to
the appropriate District Commission on Adjudica-
tion, provided, however, that such must be in same
manner as herein above set forth for the District
officers.

shall make the decision on jurisdiction or venue. This
decision shall be final and binding. Any party, orany
Commission on Adjudication, may request a ruling
from the Commission on Appeals. The Commission
on Appeals may hold such hearings as it deems
advisable prior to reaching its decision.

8.39 Jurisdiction of Commission on Appeals

The Commission on Appeals shall handle only
appeals of decisions of Commissions on Adjudication.

D. SUSPENSION AND EXPULSION
8.41 Commencing an Action

a. When all informal settlement efforts fail to
resolve a disagreement, accusation, or controversy
within a congregation or a District or other organiza-
tion owned and controlled by the Synod, and when
the disagreement, accusation, or controversy deals
with a situation which could lead to expulsion of a
member from the Synod under Article XIII of the
Constitution, a statement of the case shall be pre
sented in writing by the complainant to the President
of the District in which the member involved holds
his membership. The District President shall investi-
gate the situation. The District President also may
initiate an action on the basis of his own knowledge
of such matters, including as provided for in Bylaw
1.20, which could lead to expulsion. In either case, a
copy of the written information should be sent to the
involved member by the District President.

b. If in the opinion of the District President the
information concerning the matters which could lead
to expulsion preliminarily appear to be able to be
substantiated, and ifthe complainant (which shall be
the District President if he initiates the action) wishes
to pursue the matter, the involved member shall be
informed by the District President in writing that
suspension will be effective in 15 days.

c. The involved member may resign from the
Synod within this 15-day period, in which case the
District President shall inform the synodical Presi-
dent and shall notify the Synod through an official
periodical of the Synod.

d. If the involved member chooses not to resign
from the Synod, the District President, acting on
behalf of the Synod, may suspend the member and
may forward theinformation within seven days after
th effective date of suspension to the Commission on
Adjudication. Either the District President or the
Commission on Adjudication may defer actively
processing the case if it involves a separate proceed-
ing which it is determined should first be resolved.
However, the case shall be processed promptly by the
Commmission on Adjudication if the involved
member so requests.

e. When the District President sends a copy of the
charges to the involved member, he shal] also send a
copy of the Rules of Procedure, and shall give written
notice therewith that the involved member has 15
days to notify the chairman of the Commission on
Adjudication, through the office of the District Presi-
dent, if he wishes the matter to be adjudicated, subject
to deferral as provided above. Failure to file such
notice is writing within the prescribed time will be
regarded as consent to expulsion. If the involved
member decides that he wishes the matter to be
adjudicated, he shall have a minimum of 30 days
after giving notice within which to prepare his case
prior to any hearing.

f. In the event that the District President is dis-
qualified because he is a party to the case or unable to
act, the Board of Directors of the District shall
authorize the First Vice-President or the next qualli-
fied District officer to function in this instance as the
District President and, if necessary, to suspend and to