‘VIII. RECONCILIATION ADJUDICATION, AND APPEAL ‘A. General Principles 8.01 Purposes and Objectives ‘The provisions of this atile ar established in order to provide a means consistent with the Holy Scriptures to find the truth, provide for justice, and safeguard the welfare of the Synod, the members of the ‘Synod, and those (whether or not members ofthe Synod) holding po- sitions with the Synod, or with an organization owned and controlled by the Synod, These provisions are made available with the expectation ‘that through them and otherwise every effort shall be made to effect reconciliation in all eases of disagreement, accusation, or controversy in ‘which all parties fll within the following classifications: (1) members ‘of the Synod (congregation, pastor, teacher); (2) the Synod itself, (3) Districts or other ongenizations owned and controlled by the Synod; (4) lay members of congregations ofthe Synod holding postions with the ‘Synod itself oF with Districts or other organizations owned and con- trolled by the Synod. These provisions may also be used to determine the validity of end to effect reconciliation in eases of excommunication 8.03 Definition of Terms as Used in This Chapter ‘4. “Synod” shall mean that organization organized under the Con- stitution to which thete Bylaws, including the provisions of this chapter, ‘re appended, ’. "Organizations owned and controlled by the Synod” shall be con- strued to include any board, commission, committee, or council of the Synod; Radio Station KFUG; Concordia Historical Institute; The La theran ChurchMissouri Syed Foundation; Concordia Publishing House; Lutheran Chureh Extension Fund—Missouri Synod; ll Districts ‘and incorporated District chureh extension funds; and all educational {institutions owmed and maintained by the Synod. "Members of the Synod” sball mean those ordained ministers, ‘commissioned ministers, and congregations holding membership in the ‘Synod ae specified within Article V of the Constitution ofthe Synod. “Position” shall include (1) membership on a board, commission, committee, or counell; (2) status a8 an oficer(ineluding a Cireut Coun: telor) and (3) any executive employment (as defined by the appropriate Corporate board) regardless of whether the position was led byelection, fanpointment, o cll, whether lay or clergy. "Party to 8 ease” of “party tothe ease” shall mean the person(s originating a formal charge (who may be referred to as the “comple fants)” or the “plaitifls)) and the person(s) being accused (who may bbe referred to aa the "defendants or, ifthe subject ofthe proceeding is a dinagreement or controversy, not an accusation, such term shall mean each person and entity, the rights of whom or which will or may be directly affected by a resolution of the disagreement or controveray. £8.05 Informal Efforts Toward Reconciliation ‘2 Before any matter other than excommunication is submitted to 1 Commission on Adjudication, opportunity to settle the matter shall be {iven to the District President, eynodical President, o tothe chief officer 129ofthe organization owned and controlled bythe Synod which i involved. ‘Any charges shall be submitted in writing to that officer, who may ap point a small committe to assist in reconciliation efforts, Before an individual may commence an action with a Commission ‘on Adjudication raising procedural questions in cases involving excom- ‘munication, he shall first present his ease in weiting to the sppropniate Gireuit Counselor to give him the opportunity to sctle the matter. If the Circuit Counselor eannot settle the matter, the individual shall pres tent his case to the Distrit President, who may appoint « small com- mite to assist in reconciliation efforts 8.07 Exclusiveness of Remedies fa. Except as may be otherwise in these Bylaws set forth, expressly stated tobe an exception heret, provisions of this chapter shall govern formal adjudieation and appeal procedures within the Synod. 'b, The Holy Seriptures (1 Cor. 6:1-7) urge Christians to settle their differences by laying them before the “members ofthe brotherhood” and Strongly discourage brethren from taking action in the civil courts. ‘Therefore, the Synod calla upon all parties toa disagreement, accusation, or controveray to fully use the Synod's adjudication aystem. If a person fr entity to whom the provisions of this chapter are applicable shall Uinreasonably refuse to heed this admonition orto respec the jurisic- tional authority of the respective Commission on Adjudication or Ap- peale, the person or entity shall forfeit all rights under this chapter. In Such cases each party tothe disagreement, accusation, or controversy ‘shall be fee to enforce or defend his rights in the civil courts. However, Fitness for ministry and other theological matters should never be de termined outside the church ‘c.No person or entity to whom or to which the provisions ofthis chapter are applicable because euch person or entity is a member ofthe ‘Synod may render the provisions of this chapter inapplicable by ter: ‘minating that membership. 8.09 The Congregation’s Right of Self-Government "The congregation’ right of sel-government shall be recognized. However, when a decision ofa congregation isin issue, « Commission ‘on Adjudication may review the decision of the congregation according to the Holy Scriptures and shall either uphold the action ofthe congre- ition 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 required to respect this decision, and the District involved shall take action with respect to the congregation as it may ‘deem appropriate B. Structures For Adjudication ‘and Appeal 8.11 Commission on Adjudication ‘There shall be one District Commission on Adjudieation for each District of the Synod, and one synodical Commission on Adjudication ‘Commissions on Adjudication shal be constituted, have ursdicton, and follow the procedures set forth or authorized in this chapter. 130 ‘There shall be ane Commission on Appeals, which shall be const tuted, have jurisdiction, and follow the procedures aet forth or authorized inthis chapter. 15 Membership ‘2 Each District Commiasion on Adjudication hall be slacted by ite District, and the aynodieal Commission on Adjudication shall be elected by the Synod. Commissions on Adjudication shall const offour ordained ‘ministers and three laymen, t least two of whom shall be lawyers. The ‘Commission on Appeals shall be elected by the Synod and shall consist. of five ordained ministers and four nymen, atleast two of whom shall bbe lawyers. Terms of office shall be sx years in Tength and shall oth crwige be in aecordance with Section 361 of these Bylaws, '. On any commission one commissicned minister onthe synodical membership roster may be elected inthe place of an ordained minister. c. With the exception of members of the faculties of the educational Institutions of the Synod, no individual holding any position in the ‘Synod, in any ofits District, or in any other organization owned and controlled by the Synod, shall be eligible for membership on a Commis: sion on Adjudieation or the Commision on Appeals. 8.17 Officers Each Commission on Adjudication and the Commission on Appeals shall elect chairman, vice-chairman, and seeretary, and may elect such other officers as it may determine, 8.19 Vacancies ‘a Vacancies on the synadical Commission on Adjudication or the ‘Commission on Appeals ehall be filled by the respective commission, Consideration should first be given to individuals who were nominees to the respective commission in the most recent eynodical election, 'b, Vacancies on a District Commission on Adjudication shall be filled by the District Board of Directors. Consideration should first be given to individuals who ware nominees tothe Distret Commission on ‘Adjudication in the most recent District election ‘. Any person filing & vacaney shall complete the unexpired term ‘of the member ofthe commission whose vacancy is being filled but shall fot participate in any ease or proceeding in which the member was participating atthe time the vacancy occurred, 8.21 Disqualification 1. At the outact of any proceeding before a Commission on Adju ication or the Commiasion on Appeal, a member ofthe commission may be disqualified from acting in auch proceeding ifthe member he ‘conflict of interest, Disqualifieation may be by the voluntary aetof member melt, bY the respective Commlasion on Adjudication, or by fclion of the Commission on Appeals (1) on its own initiative or 2) on the complaint of any party to the proceeding. ‘In the event a member of the synodical Commission on Adjudi cation or the Commission on Appeals Ia dioqualiied, and if, asa reeult of such disqualification, there is an insufficient nuriber of individuals toform a care panel to hear and decide a cate (Bylaw 8.61), the provision of Bylaw 8.19 shall previl for that case only ‘cIn the event a member ofa District Cominiasion on Adjudication is disqualified, and if ax @ reaull of such disqualification, there is an 131