LCMS Convention Proceedings St. Louis, Missouri — 1971, Page 157

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RESOLUTIONS

cusation has been made against him. If the mem-
ber consents to the expulsion, the District Presi-
dent shall publish such fact in the official periodical
of the Synod and shall so report to the next District
convention.

5.13 Commencing an Action of Expulsion

If a member of the Synod, accused of an act or
of conduct which could result in expulsion from the
Synod under Article XIII of the Constitution, does
not consent to such expulsion, the District President,
in consultation with the District Vice-Presidents,
may suspend the member, provided, however, that
the member shall have been given written notice of
the proposed suspension 15 days in advance of the
effective date thereof, during which the said mem-_
ber may ask the District President to reconsider
on the ground that adequate informal settlement
efforts (Section 5.03 b) have not been made. With-
in 7 days after the effective date of such suspen-
sion, the District President shall submit the case
to the District Commission of Adjudication for
adjudication in accordance with the provisions
hereinafter set forth. In the event that the District
President is disqualified or unable to act, the First
Vice-President or the next qualified District officer
shall be authorized to suspend and to submit the
case to the Commission of Adjudication as herein
provided.

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, 1-3, inclusive),
may on his own initiative institute proceedings,
take administrative action, and, if necessary, pre-
sent charges to the appropriate District Com-
mission of Adjudication, provided, however, that
such must be in the same manner as hereinabove
set forth for the District officers.

5.15 Duration and Effect of Suspension

The suspension of the member shall remain in
effect until a decision is reached by the Commission
of Adjudication, provided that in the event that
the decision of the Commission of 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 de-
cision is reached by the Board of 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 responsi-
bilities of his position with the Synod or with a
District of the Synod, or with an organization
owned and controlled by the Synod. Such suspen-
sion, 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 such suspension so that the con-
gregation may take such action as it deems ap-~
propriate.

C. STRUCTURES AND JURISDICTION
FOR ADJUDICATION AND APPEAL

5.17 Commissions of Adjudication

There shall be a District Commission of Adjudi-
cation for each District of the Synod, and one syn-
odical Commission of Adjudication. Commissions
of Adjudication shall be constituted, have such
jurisdiction, and follow such procedures as herein-
after set forth.

5.19 Board of Appeals
There shall be one Board of Appeals, which

shall be constituted, have such jurisdiction, and
follow such procedures as hereinafter set forth.

5.21 Jurisdiction of District Commissions
District Commissions of Adjudication shall
have jurisdiction in the following situations:
a) Procedural questions involved in excom-
munication cases.

157

b) Cases under Article XIII of the Constitution.

c) Cases in which a member of the Synod shall
have been removed from the called position which
he holds with a congregation which is a member
of the Synod.

d) Cases in which a person, whether or not a
member of the Synod, is removed from the position
which he holds with a District of the Synod.

e) Cases involving differences between congre-
gations within the same District or between a con-
gregation and its District.

5.23 Venue of District Commissions

A_ District Commission of Adjudication shall
handle matters involving parties all of which re-
side in such region, provided that if an individual
who is a party to such matter has changed his resi-
dence subsequent to the occurrence which gives
rise to the controversy, the Commission of Adjudi-
cation for the District in which the occurrence took
place shall handle such matter.

5.25 Jurisdiction of the Synodical Commission

The synodical Commission of Adjudication shall
handle all matters to which the Synod itself, a
District of the Synod (other than a matter within
the provisions of Section 5.21 (b), (d) or (e) here-
of), an organization owned and controlled by the
Synod, or any person, whether or not a member of
the Synod, holding a position with the Synod or
any organization owned and controlled by the
Synod (other than a case within the provisions of
Section 5.21 (a) or (b) hereof), is a party, and all
matters involving members of the Synod who held,
and at the time of the occurrence which gives rise

to the controversy held, membership in different
regions.

5.27 Jurisdiction or Venue of Commission Dis-
puted

Where jurisdiction or venue of a Commission
of Adjudication is disputed, the Board of Appeals
shall, at the request of any party, or of any Com-
mission of Adjudication, make (in its sole discre-
tion and with the right to have such hearings as it
might determine) the decision on jurisdiction or
venue, which decision shall be final and binding.

5.29 Jurisdiction of Board of Appeals

The Board of Appeals shall handle only appeals
of decisions of Commissions of Adjudication.

D. RULES OF PROCEDURE AND
ADMINISTRATIVE REGULATIONS

5.31 Establishing and Amending Rules and Regu-
lations

Commissions of Adjudication and the Board of
Appeals shall be governed by and shall follow such
rules of procedures and administrative regulations
as shall be promulgated by, and may from time to
time be changed by, the Board of Appeals, provided
that rules and regulations (and any changes there-
to) shall not be effective until in printed form and
until 6 months after official notice of the avail-
ability thereof shall have been duly published in
the official periodical of the Synod, and provided
further, that any changes in such rules and regu-
lations 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 prin-
ciples:

a) A commission or board shall be governed in
its acts, procedures, and judgments by the Word of
God and Christian principles,

b) All hearings before a commission or board
shall be private.

c) Except as herein or in the rules and regula-
tions expressly allowed, while any proceeding is