LCMS Convention Proceedings St. Louis, Missouri — 1965, Page 131

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a need for certain changes in the synodical Handbook;
therefore be it

Resolved, That the following Handbook sections be
revised, amended, or deleted as follows:

V. SUSPENSION, EXPULSION, AND APPEALS

A. THE BOARD OF APPEALS
5.01 Membership

a. A Board of Appeals shall be elected by the Synod and
by each District. The Board of Appeals of the Synod shall
consist of four clergymen, one teacher, and four laymen,
two of whom shall be Jawyers. The Board of Appeals of a
District shall consist of two clergymen, one teacher, and two
laymen, at least one of whom shall be a lawyer.

b. Nominees failing of election shall serve as alternate
members of the Boards of Appeals of the Synod and of the
Districts, as the case may be, in their respective classifications
of clergymen, teachers, or laymen.

ce. With the exception of members of the faculties of the
educational institutions of the Synod, no individual holding
any position in the Synod or in any of its Districts or in any
organization owned and controlled by the Synod shall be
eligible for membership on a Board of Appeals.

5.03 Term of Office

Members of the Synod’s Board of Appeals and of District
Boards of Appeals shall be elected for such term and in such
manner as is specified in Section 2.07 of the Bylaws but
without limitation as to reelection.

[Nore: This assumes that Section 2.07 will be rewritten to con-
form with Resolution 6-39, p. 132 of the 1962 Proceedings.]

5.05 Disqualification

At any stage of any proceeding before a Board of Ap-
peals, a member of the board may be disqualified from act-
ing in such proceeding if the member has a conflict of inter-
est. Disqualification may be by the voluntary act of the
member himself or by the action of the Board of Appeals
on its own initiative or upon the complaint of any party
to the proceeding. The remaining members of the Board
shall decide such proceeding.

5.07 Vacancies

Vacancies on any Board of Appeals shall be filled by
alternates (in the respective classifications of clergymen,
teachers, or laymen) in the order of the number of votes
received by the nominees in the election of such board.
If there are no alternates available, such board shall choose
any eligible communicant member of a congregation of the
Synod (in the respective classification of clergyman, teacher,
or layman) to fill the vacancy. Any person filling a vacancy
shall complete the unexpired term of the member of the
board whose vacancy is being filled. If a vacancy should
occur after proceedings in a case have begun, the remaining
members of the board shall nevertheless continue the pro-
ceedings and render a decision, and the person appointed
to fill such vacancy shall not participate in such case.

B. JURISDICTION OF BOARDS
5.21 District Boards of Appeals

_ a. Each District Board of Appeals shall have original
Jurisdiction in the following three situations:

1. cases arising within its District under Article XIII of
the Constitution;

2. cases in which, by action of its District, a member of
the Synod shall have been removed from the position
which he holds within the District;

3. cases involving differences between congregations
within its District.

_ b. Each District Board of Appeals shall have appellate

jurisdiction in all cases which arise from a decision of a con-

gregation within its District involving excommunication or

removal of a member of the Synod from office.

CONSTITUTIONAL MATTERS, MEMBERSHIP APPLICATIONS

131

5.23 The Synod’s Board of Appeals

a. The Synod’s Board of Appeals shall have original ju-

risdiction in the following five situations:

1. cases in which a member of the Synod shall have been
removed from the position he holds in the Synod or
in any organization owned and controlled by the Synod;

2. cases involving differences between Districts;

3. cases involving differences between a congregation and
a District;

4. cases involving differences between congregations in
different Districts.

b. The Synod’s Board of Appeals shall have appellate
jurisdiction in all cases which arise from the decision of
a District Board of Appeals.

C. ADMINISTRATIVE PROCEDURES
5.31 Original Cases in a District

a. If a member of the Synod is accused of an act which
could result in expulsion from the Synod under Article XIII
of the Constitution and if the member consents to expulsion,
the District President shall publish such fact in the official
publications of the Synod and shall so report to the next
District convention. If the member so accused does not con-
sent to expulsion and the officials of the District who have
acted in the matter, including the District President, have
exhausted all administrative efforts and are convinced that
the member should be expelled from the Synod, the District
President, in consultation with the District Vice-Presidents,
may suspend the member. The District President shall then
submit the case within seven days to the District Board of
Appeals for adjudication by filing with the District Board
of Appeals in writing the names of the parties involved, the
charges against the accused member, all documentary evi-
dence, and a memorandum of the administrative action which
has been taken. A copy of the charges and a memorandum
of the administrative action which has been taken shall be
sent to the parties involved. In any case in which the Dis-
trict President is disqualified or unable to act, the First Vice-
President or the next qualified District officer shall be autho-
rized to suspend and to submit the case to the District Board
of Appeals as herein provided. The suspension of the mem-
ber shall remain in effect until a decision is reached by the
District Board of Appeals, provided that in the event a fur-
ther appeal is taken from a decision of the District Board
of Appeals to the effect that such member should be expelled
from the Synod, the suspension shall remain in effect until
a final decision is reached by the Synod’s Board of Appeals.
During the period of suspension the member shall be relieved
of his rights as a member of the Synod and of the duties and
responsibilities of his office. 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, 2, 3), may on
his own initiative institute proceedings, take administrative
action, and, if necessary, present charges to the District Board
of Appeals.

b. If a member of the Synod is removed from his position
in a situation described in Section 5.21 a, 2, he may appeal his
case to the District Board of Appeals by filing a written
statement of his case with the Board of Appeals and furnish-
ing a copy thereof to the District President.

c. If differences should arise between two or more con-
gregations within the same District and the differences can-
not be settled by the Circuit Counselor or by other officers of
the District, any such congregation or the District President
may submit such differences to the District Board of Appeals
by filing a written statement of the nature of the differences
with the District Board of Appeals and furnishing copies
thereof to the congregations involved and to the District
President.

5.33 Appeal Cases in a District

Before a.party may appeal a case to a District Board of
Appeals pursuant to the provisions of section 5.21 b, he shall
first present his case to the Circuit Counselor. If the Circuit
Counselor cannot settle the matter, the party shall present
his case to the District President. If his efforts should also
fail, the case may be submitted to the District Board of Ap-
peals by the party, who shall file a written statement of the