LCMS Convention Proceedings St. Louis, Missouri — 1971, Page 156

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

156 RESOLUTIONS

“the conservation and promotion of the unity of the true
faith” (Art. III, 1); and

Wuereas, “Every member of the Synod shall. . .
diligently and earnestly promote the purposes of the
synodical organization by word, deed, and adequate
financial support” (Handbook 1.05); and

Wuereas, “In this opinion the commission is ad-
dressing itself to the organizing of groups, to the calling
of meetings, secret or open, to attempted manipulation
of existing groups, to circularizing activities, and to a
wide scale of joint actions, all of which by their very
nature tend to polarize or fragment the constituency
of the Synod and thus have the effect of disrupting the
synodical unity”; therefore be it

Resolved, That we warn against the formation and
continuation of groups which by their nature “become
divisive and schismatic and therefore subversive of the
very purposes of the Synod”; and be it further

Resolved, That we encourage “individuals to speak
their own minds, express their concerns, and provide
for frank and open discussion, carried on in a spirit
of Christian love and forebearance” within the context
of the forums, channels, and procedures which the
Synod itself establishes for the preservation of the
synodical unity; and be it finally

Resolved, That we decline Overtures 5-57 and 5-58
in favor of endorsing and upholding the commission’s
“Opinion Regarding Dissenting Groups and Activities
Within the Synod.”

Action: Adopted (16).

To Establish Commissions of Adjudication
RESOLUTION 5-14
Report 5-03 (CW, pp. 246—249)

Wuereas, Pursuant to instructions given in Resolu-
tion 5-30 of the 1969 Denver convention of the Synod,
a study committee (Committee to Clarify Final and
Binding Nature of Appeals Decisions) appointed by the
Synod’s President and composed of members of the
Board of Appeals and Commission on Constitutional
Matters reviewed the appellate process of the Synod;
and

Wuereas, The aforesaid committee has presented its
recommendations on the appellate process of the Synod
(cf. CW, p. 246); therefore be it

Resolved, That the Bylaws of the Synod be amended
as presented in the Convention Workbook, pp. 247—249
with changes as written out here following:

V. ADJUDICATION AND APPEAL
A. BASIC PRINCIPLES

5.01 General Purposes and Objectives

The provisions of this article are established in
order to provide a means consistent with the Word
of God to find the truth, provide for justice, safe-
guard the welfare of the Synod and, wherever pos-
sible, effect reconciliation (i) in all cases of excom-

munication and (ii) in all cases of disagreement,
accusation, or controversy in which all the parties
are within the following: the Synod, District of the
Synod, organizations owned and controlled by the
Synod, persons holding positions with any of the
foregoing, or members of the Synod.

5.03 Informal Settlement Efforts

a) Before an individual may commence an
action with a Commission of Adjudication involv-
ing excommunication, he shall first present his
case to the appropriate Circuit Counselor. If the
Circuit Counselor cannot settle the matter, the in-
dividual shall present his case to the District Presi-
dent. If this effort should also fail, the matter may
be submitted by the individual to the appropriate
District Commission of Adjudication, in accordance
with provisions hereinafter set forth.

b) Before any matter other than excommuni-
cation is submitted to a Commission of Adjudica-
tion, opportunity to settle the matter shall be
given to the District President, synodical President,
or to the chief officer of such organization owned
and controlled by the Synod as may be involved.

5.05 Exclusiveness of Remedies

Except as may be otherwise in these Bylaws set
forth, expressly stated to be an exception hereto,
provisions of this Article V shall govern all formal
adjudication and appeal procedures within the
Synod.

5.07 The Congregation’s Right of Self-Government

When a decision of a congregation is in issue,
the congregation’s right of self-government shal! be
recognized. A Commission of Adjudication may,
therefore, review the decision of the congregation
according to the Word of God and shall either up-
hold the action of the congregation or advise the
congregation to review and revise its decision.
If the congregation does not revise its decision, the
other congregations of the Synod shall not be re-
quired to respect such decision and the District in-
volved shall take such action with respect to such
congregation as it may deem necessary.

5.09 Definition of Terms as Used in This Article

a) “Organization owned and controlled by the
Synod” shall be construed to include any board,
department, division, committee, or commission of
the Synod, Radio Station KFU O, Concordia Histori-
cal Institute, the Lutheran Church— Missouri Synod
Foundation, Concordia Publishing House, and all
educational institutions operated by the Synod, but
shall not for the purposes of this Article include the
Districts of the Synod.

b) “Members of the Synod” shall mean those in-
dividuals and congregations holding membership in
the Synod specified within Article V of the Consti-
tution of the Synod.

c) “Position” shall include (i) membership on a
board or commission, (ii) status as an officer (in-
cluding a Circuit Counselor), and (iii) any execu-
tive employment (as defined by the respective cor-
porate board) regardless of whether the position
was filled by election, appointment, or call, whether
lay or clergy.

B. SUSPENSION AND EXPULSION
5.11 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 Consti-
tution, the accusation shall be addressed in writing
to the President of the District in which said mem-
ber holds membership. The District President shall
promptly inform such member that such an ac-