LCMS Convention Proceedings St. Louis, Missouri — 1971, Page 158

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

RESOLUTIONS

pending before a commission or board, no party to
such proceeding, nor anyone on such party’s be-
half, shall either directly or indirectly have any
form of communication with any member of such
commission or board concerning any matter in-
volved in such proceeding. Similarly, except as
herein or in the rules and regulations expressly
allowed, there shall be no such communication
with any member of the Board of Appeals while
there is pending before a Commission of Adjudi-
cation any matter which is appealable to the Board
of Appeals.

d) The rules shall permit one or more members
of a commission or board to meet with the parties
prior to a hearing of the case in order to determine
(i) the issue(s) in the case and (ii) the facts on
which the parties agree, provided that all parties
shall be present or represented,

e) In the event that questions of interpretation
of the Synod’s Constitution, Bylaws, and resolu-
tions, or questions of interpretation of theological
issues arise during any adjudication, the Commis-
sion of Adjudication hearing such case and either
party to the adjudication may seek the advisory
opinion of the Commission on Constitutional Mat-
ters or the Commission on Theology and Church
Relations in accordance with the rules and regula-
tions promulgated by the Board of Appeals of the
Synod for that purpose.

f) In appeal cases before the Board of Appeals,
there shall be no new hearing, and the Board of
Appeals shall render its decision on the basis of
a review of the proceedings before the Commission
of Adjudication. The Board of Appeals may, how-
ever, in its discretion permit or request the sub-
mission of additional evidence when it appears that
such evidence may assist the board in reaching
a decision. In the event that questions of interpre-
tation of the Synod’s Constitution, Bylaws, and res-
olutions, or questions of interpretation of theologi-
cal issues arise during any appeal, the Board of
Appeals, at the request of either party to the ap-
peal, shall seek the advisory opinion of the Com-
mission on Constitutional Matters on questions of
interpretation of the Synod’s Constitution, Bylaws,
and resolutions, and also that of the Commission
on Theology and Church Relations on questions of
interpretation of theological issues.

8) The commission or board need not be bound
by legal rules of evidence in every respect but
shall require that evidence be relevant.

h) Any party to any proceeding may select not
more than two advisers.

i) Each party to a proceeding shall assume his
respective expenses, including the expenses of his
adviser(s). The Synod or the District, as the case
may be, shall pay the expenses of its Commission
of Adjudication, including the cost of furnishing
transcripts of the evidence to the parties to the
proceeding.

j) While a case is still undecided or while ap-
peals are contemplated or pending, there shall be
no publicity of the case by any party to the pro-
ceeding.

k) All files of cases in which a final decision has
been rendered by a commission or board shall be
preserved in a locked file in the custody of the
President of the Synod. Any such closed files shall
be opened only with the approval of the Board of
Appeals.

1) The rules shall provide for petitions for re-
hearing by a Commission of Adjudication and the
Board of Appeals of its decisions.

m) A Commission of Adjudication shall decide
within 3 months except for good cause from the
effective date of suspension any case involving ex-
pulsion from membership in the Synod of a mem-
ber who is under suspension.

5.33 Quorum E. DECISIONS

No decision of a Commission of Adjudication or
Board of Appeals shall be valid or binding unless
at least a Majority of the case panel thereof, as
hereinafter provided, shall have been involved in all
stages of the decision-making process.

5.35 Majority Vote

A Commission of Adjudication shall decide each
case by the vote of a majority of the case panel
qualified to decide the case; provided, however,
that in case of excommunication a tie vote will be
deemed in favor of the individual under excom-
munication. The Board of Appeals shall decide
each case by the vote of a majority of the case
panel qualified to decide the case; in the event of
a tie vote, the previous decision shall be sustained.

5.37 Decisions in Writing

The decisions of Commissions of Adjudication
and the Board of Appeals shall be in writing and
(a) shall make a finding of facts and (b) shall
state the conclusion(s) of the commission or board
and its reasons for such conclusion (s).

5.39 Finality of Decisions

All decisions of the Board of Appeals of the
Synod and all unappealed decisions of the Commis-
sions of Adjudication shall be final and binding
upon all concerned and not subject to review, re-

provided, however, that this section shall not dimin-
ish or otherwise affect the self-governing rights of
congregations of the Synod as set forth in these By-
laws.

5.41 Financial Reimbursement

In any case in which a Commission of Adjudica-
tion or the Board of Appeals shall decide that the
suspension of an individual member of the Synod
should be set aside, such commission or board shall,
as part of its decision, determine the extent to
which and the manner in which such individual
shall be reimbursed for any loss of income suffered
during the period of suspension, and such determi-
nation shall be binding on all parties, even though
the case may be appealed to the Board of Appeals
and even though the decision of the Commission of
Adjudication may ultimately be reversed by the
Board of Appeals.

5.43 Reporting the Decision

The decisions of Commissions of Adjudication
and the Board of Appeals shall be reported to the
parties and to either the District President or the
President of the Synod, as the case may be, and
upon expiration of the time for appeal, the Dis-
trict President or the President of the Synod, as
the case may be, shall take such action to further
publicize the decision as shall be appropriate under
the circumstances.

5.45 Execution of Decision

The Commission of Adjudication or the Board
of Appeals shall, upon expiration of the time for
appeal, request the proper executive officer or
group to carry out its decision.

F. COMMISSION AND BOARD PERSONNEL

5.47 Membership

a) Each District Commission of Adjudication
shall be elected by its District, and the synodical
Commission of Adjudication shall be elected by the
Synod and shall consist of four clergymen and three
laymen, at least two of whom shall be lawyers.
The synodical Board of Appeals shall be elected
by the Synod and shall consist of five clergy-
men and four laymen, at least two of whom shall
be lawyers. Terms of office shall be in accordance