LCMS Convention Workbook St. Louis, Missouri — 2001, Page 266

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

266 STRUCTURE, PLANNING, AND ADMINISTRATION

f. In the event that questions of interpretation of the Synod’s
Constitution, bylaws, and resolutions or questions of interpretation
of theological issues arise, the Commission on Adjudication or the
Commission on Appeals, at the request of either party, shall seek
the advisory opinion of the Commission on Constitutional Matters
on questions of interpretation of the Synod’s Constitution, bylaws,
and resolutions and also the opinion of the Commission on Theol-
ogy and Church Relations on questions of interpretation of theo-
logical issues.

g. An intent to appeal decisions of Commissions on Adjudica-
tion shall be filed within 30 days after the transcript has been de-
livered. The hearing shall be completed within the following 45
days. Failure to appeal within the designated period shall result in
the loss of the right to appeal.

h. In appeal cases before the Commission on Appeals there shall
be no new hearing, and the Commission on Appeals shall render
its decision on the basis of a review of the total proceedings before
the Commission on Adjudication. The Commission on Appeals
may, however, in its discretion permit or request the submission of
additional evidence when it appears that such evidence may assist
the commission in reaching a decision.

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

j. Any party to a case may select not more than two advisers.
An adviser who is not a member of a congregation of the Synod
shall be limited in any discussion to procedural issues only and
shall not participate in any discussions of doctrinal matters.

k. A Commission on Adjudication or the Commission on Ap-
peals shall have the right to call upon any member of the Synod or
ofticer of a congregation or any organization owned and controlled
by the Synod to testify in a case.

1. Each party to a case shall assume his respective expenses, in-
cluding the expenses of his adviser(s). The Synod or the District, as
the case may be, shall pay the expenses of its Commission on Ad-
judication, including the cost of furnishing transcripts of the evi-
dence to the parties to the case. The expenses of the Commission
on Appeals shall be borne by the Synod.

m. While a case is still undecided or while an appeal is contem-
plated or pending, publicity shall not be given to the issues in the
case by any party to the case. A violation by a party may place the
party’s standing in jeopardy. At the request of either party the sta-
tus of the process and periodic progress reports on the process may
be properly disclosed by the chairman of the commission to par-
ties on a need-to-know basis.

n. All records of cases in which a final decision has been ren-
dered by the synodical Commission on Adjudication or the Com-
mission on Appeals shall be placed in the custody of the Concordia
Historical Institute. Any such records shall be sealed and opened
only with the approval of the Commission on Appeals during the
first 25 years from the date of closing.

o. The rules of procedure shall provide for a motion for rehear-
ing before a Commission on Adjudication or the Commission on
Appeals of its decision(s).

p. A Commission on Adjudication shall render its decision
within three months from the effective date of suspension in any
case involving expulsion from membership in the Synod.

q. Each party to a case shall be afforded due process and full
disclosure. The rules of evidence shall govern the proceedings.
Each party shall receive a written statement of the case and all sup-
porting documents 15 days prior to any formal hearing.

r. Any questions concerning Rules of Procedure shall be ad-
dressed to the chairman of the Commission on Appeals.

E. Decisions

8.61 Case Panel

Each case coming before a Commission on Adjudication or the
Commission on Appeals shall be heard and decided by a panel of at
least five members, at least two of whom shall be ordained minis-

2001 Convention Workbook

ters and at least two of whom shall be laymen, including at least
one lawyer.

8.63 Quorum

No decision of a Commission on Adjudication or the Commis-
sion on Appeals shal] be valid or binding unless at least a majority
of the case panel thereof shall have been involved in all stages of
the decision-making process.

8.65 Majority Vote

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

8.67 Decisions in Writing

The decisions of Commissions on Adjudication and of the
Commission on Appeals shall be in writing and (1) shall make a
finding of facts and (2) shall state the conclusion(s) of the com-
mission and reasons for its conclusion(s).

8.69 Finality of Decisions

All final decisions of the Commission on Appeals of the Synod
and all unappealed decisions of a Commission on Adjudication
shall be binding upon all parties to the case and not subject to re-
view, reversal, amendment, or modification, any provision to the
contrary in the bylaws notwithstanding (cf. Bylaw 8.09).

8.73 Reporting the Decision

The decision of the Commission on Adjudication and the Com-
mission on Appeals shall be reported to the parties, to the District
President, and to the President of the Synod. Upon expiration of
the time for appeal. the District President or the President of the
Synod shall take such action to further publicize the decision as
shall be appropriate under the circumstances.

8.75 Execution of Decision

The Commission on Adjudication or the Commission on Ap-
peals shall, upon expiration of the time for appeal, direct the proper
executive officer or group to carry out its decision.

Pilgrim, West Bend, WI

7-72

To Require Reconciliation Efforts

WueREAS, The purpose of the process of the Lord’s instruction
in Matthew 18 is to win over the brother (Matt. 18:15); and

WHEREAS, The Bylaws atfirm this intent in that they allow for
the appointment of an inquiry team to assist the District President
in his duties to “assist in reconciliation efforts” (Bylaw 2.27 a 2);
and

WHEREAS, Some who have filed charges in the South Wisconsin
District have openly stated their intent to refuse to seek “reconcili-
ation”: therefore be it

Resolved, That The Lutheran Church—Missouri Synod change
the language of the Bylaws so that all persons or congregations
who press charges against a member of the Synod while at the
same time refusing to meet for the purpose of reconciliation be re-
fused to allow to proceed in the process outlined in Bylaw 2.27
until they have met for reconciliation.

South Wisconsin District