LCMS Convention Workbook St. Louis, Missouri — 1983, Page 206

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206

STRUCTURE AND CONSTITUTION

8.15 Duration and Effect of Suspension

The suspension of the member shall remain in
effect until a decision is reached by the Commission
on Adjudication, provided that in the event that the
decision of the Commission on Adjudication is to the
effect that such member should be expelled from the
Synod and a further appeal is taken, the suspension
shall remain in effect until a final decision is reached
by the Commission on Appeals. During the period of
suspension a member shall be relieved (i) of his duties
(but not his rights) as a member of the Synod and (ii)
of the duties and responsibilities of his position with
the Synod or with a District of the Synod, or with an
organization owned and controlled by the Synod.
Such suspension, however, shall not. of itself. act to
relieve a member of duties and responsibilities of his
position with a congregation which is a member of
the Svnod. but the District President shall notify the
congregation of such suspension so that the congre-
gation may take such action as it deems appropriate.

D. RULES OF PROCEDURE AND
ADMINISTRATIVE REGULATIONS

8.31 Establishing and Amending Rules and
Regulations

Commissions on Adjudication and the Commis-
sion on Appeals shall be governed by and shall follow
such rules of procedures and administrative regula-
tions as shall be promulgated by. and may from time
to time be changed by. the Commission on Appeals.
provided that rules and regulations (and any changes
thereto) shall not be effective until in printed form
and until six months after official notice of the
availability thereof shall have been duly published in
an official periodical of the Synod, and provided
further, that any changes in such rules and regula-
tions shall not be effective as to actions then in
progress unless all parties to any such action shall
consent in writing to the application of such changes.
In all events. such rules and regulations shall be
consistent with the following basic principles:

submit the case to the Commission on Adjudication
as herein provided. Any challenge to the eligibility of
the District President to act shall be determined by
the synodical President.

g. If the District officers fail to act within 60 days
after the complainant has notified the District Presi-
dent in writing that he wishes to pursue the matter,
the complainant may petition the President of the
Synod, who by virtue of the power given him in the
Constitution (Article XI, B, 1-3 inclusive) shall make
inquiries and may on his own initiative institute
proceedings, take administrative action, and, if neces-
sary, present charges to the appropriate District
Commmission on Adjudication. If after a reasonable
time the synodical President does not intend to
institute proceedings, he shall so inform the com-
plainant and the involved member in writing.

8.43 Duration and Effect of Suspension

a. The suspension of a member shall remain in
effect until a decision is reached by the Commission
on Adjudication, provided that in the event the
decision of the Commission on Adjudication is that
such member should be expelled from the Synod, and
if a further appeal is taken, the suspension shall
remain in effect until a final decision is reached by
the Commission on Appeals. During the period of
suspension a member shall not be relieved of his
rights and responsibilities under the Constitution
and Bylaws, but he shall be relieved (1) of his duties
as a member of the Synod (e.g., delegate to a District
or synodical convention, membership on District or
synodical boards and commissions) and (2) of the
duties and responsibilities of his position with the
Synod or with a District or other organization owned
and controlled by the Synod, and he shall be ineligible
for service in the Synod. Suspension, however, shall
not, of itself, act to relieve a member of duties and
responsibilities of his position with a congregation
which is a member of the Synod. but the District
President shall notify the congregation of the suspen-
sion so that the congregation may take action as it
deems appropriate.

b. The Commission on Adjudication shall keep all
parties to the case and the District President informed
as to the procedural progress it is making in the case
and shall bring the case to a conclusion within three
months from the effective date of suspension except
(1) where a longer time is deemed necessary to
guarantee the rights of all parties, (2) as permitted
under Bylaw 8.41 d. or (3) for other good cause.

c. All parties to the case shall have the right to
appeal the decision of the Commission on Adjudica-
tion and must file notice of their intent to appeal to
the Commission on Appeals within 30 days of receipt
of the decision from the Commission on Adjudication.

E. RULES OF PROCEDURE

8.51 Establishing and Amending Rules
of Procedure

Commissions on Adjudication and the Commis-
sion on Appeals shall be governed by and shall follow
Rules of Procedure which shall be consistent with
these Bylaws, and may from time to time be changed
by the Commission on Appeals. The Rules of Proce-
dure shall become effective immediately after the
Commission on Appeals has transmitted its revi-
sions to the Secretary of the Synod. The Secretary of
the Synod shall distribute the revised Rules of
Procedure without delay to the President of the
Synod. to all District Presidents. and to all Commis-
sions on Adjudication. The fact of their availability
should be published in an official periodical of the
Synod. Any changes in the Bylaws and or Rules of
Procedure shall not be effective as to actions then in
progress unless all parties shall consent in writing to