LCMS Convention Proceedings St. Louis, Missouri — 1992, Page 146

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146

RESOLUTIONS

a, When, either by a written complaint of any person
or by his own personal knowledge, facts, which could
lead to the expulsion of a member from the Synod under
Art. XII of the Conatitution, are made known to the
District President who has ecclesiastical supervision of
such member, the District President shall

1. thoroughly investigate whether the allegations can
be substantiated. In the event the District President is
disqualified because he is a party to the matter in dis-
pute, has a conflict of interest, or is unable to act, the
First Vice-President or the next qualified District officer
to function in this instance shall act 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 Praest-
dium of the Synod.

2. require compliance with Matt. 18:15-16 and may
appoint a small committee to assist in reconciliation
efforts.

b. If the District President declines to suspend the
member or fails to act within 90 days after receipt of the
written complaint, the complainant may present the
written complaint to the Praesidium of the Synod, which
consists of the President and the Vice-Presidents of the
Synod. If after investigation the Praesidium concludes
that the facts form a basis for expulsion of the member
under Art. XIII of the Constitution, the Praesidium shall
proceed in the same fashion as hereafter required of the
District President. If the Praesidium determines not to
proceed, it shall in writing so inform the complainant
and the involved member, which shall terminate the
matter.

c. If-the District Presiderit concludes that the facts
form a basis for expulsion of the member under Art. XHI
of the Constitution, the District President shall

1. prepare a writlen statement of the matter in dispute
which sets forth the alleged facts and states that he is
requesting expulsion of the member from the Synod in
accord with Art. XIII of the Constitution;

2. provide the member with

a) a copy of the written statement of the case;

b) a written notification of the member's suspended
status under Bylaw 2.25;

c) written notification that the member has 15 days
from the date of receipt of the statement of the case to
advise the Secretary of the Synod of the desire for the
matter to be heard and resolved. Failure by the member
to file such written request for hearing and resolution
within the 15-day period shall be deemed to be consent
to termination of membership in the Synod.

d. If the request is made, the Secretary of the Synod
shall inform the District President and form a Dispute
Resolution Panel in accordance with the Bylaws. At that
time, the District President shall forward to the Secre-
tary of the Synod the statement of the matter in dispute
and a written memorandum describing the manner in
which there was compliance with the mandate of Matt.
18:15-16.

e. The District President Shall take those steps nec-
essary to assure that the spiritual needs of the member
are attended to and continue efforts to resolve those mat-
ters which led to the commencement of the formal action
against such member.

f, When the matter has been formally presented to the
Dispute Resolution Panel, it shall promptly undertake
a hearing of the matter in accord with the provisions of
chapter VIII of these Bylaws.

Procedure to Consider Petition for
Removal of Restricted Status