LCMS Convention Proceedings St. Louis, Missouri — 1986, Page 167

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LEADERSHIP AND ORGANIZATION 167

communicant member of a member congregation.

D. RESTRICTING, SUSPENDING,
AND EXPELLING CONGREGATIONS
OR INDIVIDUALS FROM MEMBERSHIP

2.21 General

Although the Constitution (see Art. VI, 3, and Art.
XII, 7-8) deals with the “life” of pastors and teachers of
the Synod and provides for dealing with “ungodly life”
of pastors, professors, and teachers, this does not sug-
gest that the Synod, including any district of the Synod,
has the duty or even an opportunity to observe the ac-
tivities in the life of an individual member of the Synod
or has the means or authority to regulate, restrict, or
control those activities. The only remedy available to
the Synod in response to improper activities in the life
of such a member of the Synod is, as is true with respect
to violations of other conditions of membership or is
otherwise appropriate under the Constitution or these
Bylaws, and following the procedures set forth in these
Bylaws, to take such action as may lead to the termi-
nation of that membership and the attendant rights and
privileges.

2.23 Restricted Status

a. If information with respect to an individual mem-
ber of the Synod is made known to or becomes known
by the president of the district who has ecclesiastical
supervision of the member, and the district president,
after a reasonable investigation, believes, given the na-
ture of the circumstances, that the information may
have a bearing on the qualifications of the person to
remain an active member in good standing, the district
president may restrict that person’s membership status
until the matter is satisfactorily resolved.

b. In cases in which the adjudication and appeals
procedures as set forth in these Bylaws, that may lead
to termination of membership (expulsion) in conformity
with Constitution Article XII, 8, are begun, Bylaw 2.25
shall apply and the person’s restricted membership
shall become suspended membership.

c. During the period that the restriction is in effect,
the member shall have “restricted status,” that is, shall
be ineligible (1) to perform functions of ministry except
in the position of service, if any, held at the inception
of the restricted status and otherwise only if approved
by the appropriate district president and (2) for accept-
ing a call to any other position of service in the Synod.

d. The records maintained by the respective district
president shall reflect the restriction. In addition, the
district president shall notify the President of the Synod
and all other district presidents in writing of the re-
striction on the affected person’s membership status.

2.25 Suspended Status

While a congregation or an individual whose mem-
bership in the Synod is subject to proceedings under
these Bylaws that may lead to termination of member-
ship (expulsion), the member shall have “suspended sta-
tus.” This status will continue until membership is duly
terminated or the proceedings are completed favorably
to the member. During the period of suspension, an in-
dividual member shall be ineligible for service in the
Synod. The records maintained by the respective district
president shall reflect the suspension, and the district
president shall notify the President of the Synod and
all other district presidents in writing of the affected
person’s suspended membership status.

2.27 Commencing an Action to Terminate
Congregational or Individual Membership

a. When all informal efforts fail to resolve a dis-
agreement, accusation, or controversy which is of such
a nature that it could lead to expulsion of a congregation
or individual as a member of the Synod under Article
XIII of the Constitution, a statement of the case shall
be presented in writing by the complainant to the presi-

dent of the district who has ecclesiastical supervision of
the member. The district president shall investigate the
situation. The district president may initiate an action
on the basis of his own knowledge of such matters as
could lead to termination of membership. In either case,
a copy of the written statement of the case shall be sent
to the involved member by the district president.

b. The district president shall decide whether the
information concerning the matters which could lead to
termination of membership preliminarily appear to be
able to be substantiated. If he determines that it does
not so appear, he shall decline to suspend the member.
If he determines that it does, and if the complainant
wishes to pursue the matter, the involved member shall
be informed by the district president in writing 15 days
prior to the effective date that the member shall be
placed on suspended status (Bylaw 2.25).

c. If the district president suspends the member, he
shall present the case to the Commission on Adjudica-
tion of his district within seven days after the effective
date of the suspension. However, the district president
may elect to defer such adjudication if the case involves
a separate proceeding which the district president de-
termines should first be resolved, in which event the
member shall be placed on restricted status (2.23) and
not suspended. In all other events, and in all cases when
the member so requests, the case shall be processed
promptly by the Commission on Adjudication which
shall, subject to any appeal, make the decision as to
whether the membership of the individual or congre-
gation shall be terminated or whether membership in
good standing shall be restored. It shall be the respon-
sibility of the Commission on Adjudication to give di-
rection to those individuals and congregations that
appear to be necessary participants in the proceedings,
to the end that all evidence and testimony that may
have a bearing on the issues can be presented in an
orderly manner.

d. When the district president sends a copy of the
charges to the involved member, he shall also then give
written notice that the involved member has 15 days to
notify the chairman of the Commission on Adjudication,
through the office of the district president, if the member
wishes the matter to be adjudicated, subject to deferral
as provided in Bylaw 2.27 c. If the involved member
decides that it or he wishes the matter to be adjudicated,
the member shall have a minimum of 30 days after giv-
ing that notice within which to prepare its or his case
prior to any hearing. Failure to file such notice in writing
within the prescribed time will be regarded as consent
to termination of membership effective at the end of the
15-day period.

e. In the event that the district president is dis-
qualified because he is a party to the case or is unable
to act, the board of directors of the district shall au-
thorize the first vice-president or the next qualified dis-
trict officer to function in this instance in the place of
the district president. Any challenge to the eligibility of
the district president to act which is not agreed to by
the district president shall be determined by the syn-
odical President.

f. If the district president declines to commence an
action to terminate membership, or if he neither sus-
pends nor declines to suspend the member within 60
days after a 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
(Art. XI, B, 1-3 inclusive) shall make inquiries and may
on his own initiative institute proceedings, take admin-
istrative action, and, if necessary, present charges to
the appropriate district Commission on Adjudication. If
after a reasonable time the synodical President deter-
mines not to institute proceedings, he shall so inform
the complainant and the involved member in writing.

2.29 Duration and Effect of Suspension
a. The suspension of a member shall remain in effect