Part III · Section 17 of 39

Article II. Ministers

By-Laws of the Andhra Evangelical Lutheran Church

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    Article II. Ministers

    Sec. 1. SELECTION OF CANDIDATES FOR THEOLOGICAL TRAINING

    a. Qualifications for admission:

    1. Candidates for admission shall have completed at least twenty-one vears of age and shall not hava completed more than twenty four years of age by the time of the opening day of the class for which they are being considered.

    2. Candidates applying for theological study shall be qualified according to the rules and specifications of the concerned seminaries and the requirements of the course offered.

    3. Candidates for admission to B. D training shall have earned a university degree.

    4. Candidates considering eatering the ministry shall apply for admission through the concerned synod president, ordinarily one year in advance. The synod president and a small committee shall visit the house of tne prospective candidate, and if possible his school; shall consult with his parents, local pastor and teachers; and shall give prayerful counselling and guidance to the prospective candidate.

    b. Entrance examinations: Candidates for theological training shall sit for the entrance examinations required by the concerned college and shay attain therein such standard as may be determined by Ah.

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    colleges or by this Church from time to time. Candidates shall also appear for interview before Lutheran members of the faculties of the theological colleges, or before other interviewers, as may be determined by the Executive Council -

    c. Selection

    1. Detailed report of the results of the entrance examination and the interview shall be made to the ministeriums of the synods to which the candidates belong. Prayerfully the ministeriums shall consider the candidates offering themselves, taking into account the reports from the theological colleges, as the well as the opinions of pastors, teachers and institutional heads who have known the candidates Bearing in mind the fact that the candidates recommended may become the shepherds and leaders of God"s Church, the ministerium shall spend some time in prayer for God's guidance in the matter before them and shall then.make recommendation of the candidates to be selected, sending the report to the Committee on Synods of the Andhra Evangelical Lutheran Church.

    2. The Committee on Synods shall receive from the synods their recommendations, and from the candidates a complete physical examination report from a church hospital, and shall forward them with their recommendation to the Executive Council.

    3. The Executive Council shall make final recommendation of the candidates for admission by the theological colleges,

    d. Probation Theological students shall be on probation for the first year of their study. Atthe end of the first year the faculties of the theological 'colleges shall be requested to report fully an the students, enabling the Executive Council of the Andhra Evangelical Lutheran Church to make decision as to the

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    continuance of the student in the college. At any time during the course of study thesstiudentumay be required by the Church or by the college to. discontinue his study at the institution.

    Sec. 2. EXAMINATION AND ORDINATION OR RECEPTION AS A MINISTER

    a. A minister of another church who seeks reception as a minister of this Church shalt be interviewed by the Examining Committee of this Andhra Evangelical Lutheran Church as to his reasons for seeking admission to this Church, his acceptance of the Confession of Faith of this Church, his loyal appreciation otf the organfzation and work of this Church and its subsidiary bodies and his general education. The Examining Committee shall then make recommendation to the Executive Council of the Andhra Evangelical Lutheran Church concerning his reception as a minister of this Church.

    b. Candidates for ordination as ministers of this Church shall be examined by the Examining Committee concerning their general fitness for the office of the ministry, reasons for seeking the office, theological attainments, acceptance of the Confession of Faith of This Church and loyal appreciation of the organization and work of the church and its subsidiary bodies. The Examining Committee shall also consider a confidential report given by the theological college in which the candidate studied, and another such report given by the synod in which the candidate has worked after the completion of his theological course. Candidates for ordination shall have completed twenty-four years of age by the time of ordination. Report and recommendation shall be made by the Examining Committee to the Andhra Evangelical Lutheran Church ministerium, ¢. The report of the Examining Committee shall bg received and considered by the.ministerium of the Andhra Evangelieal Lutheran Church and recommendations shall be made by tho ministerium to the Executive Council concerning ordination of the candidates.

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    d. The Executive Council] shall take, final action concerning the ordination of candidates after having received the report of the ministerium accompanied by the confidential report of the theological colleges and the report and recommendation of the Examining Committee. Before the authorization is given for the ordination of a candidate, there shall be assurance trom the Committee on Synods that the candidate, if ordained, will be assigned, to a particular parish. (See these by-laws Art, VII, Sec. 16. b. 5) The Executive Council shall then authorize the president to ordain approved candidates,

    e. Every application for admission to the ministry of the church by ordination or reception shall sign the constitution and by-laws of the Church at the time of his ordination or reception, signifying his willingness to abide by them.

    Sec. 3. CLERGY ROLL

    a. The clergy roll of the Andhra Evangelical Lutheran Church shall consist -all of ministers ordained or received by this Church and of all ordained missionaries sent by the * Board of World Missions to service in this Church, including all such ministers and ordained missionaries working in the Andhra Evangelical Lutheran Church, those serving outside the area of the A.E.L. Church with the permission of the Executive Council, and retired ministers of the Andhra Evangelica Lutheran Church who retain their membership in a congragation of this Church.

    b. The clergy roll of the Andhra Evangelical Lutheran Church shall ba maintained by the president of this Church.

    c. Regarding ministers withdrawing from the clergy roll of the Andhra Evangelical Lutheran Church:

    1. A minister who leaves the work of the ministry and engages in secular pursuits without the call or assignment of the Executive Council shall cease to be a minister of RE *Now called the Division ot World Mission and Ecumenism

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    this Church. His name shall"be removed from the clergy roll, and his ordination papers diposited with the president of the Church. Such a pastor may be restored to the clergy roll if he gives satisfactory evidence of the desire to return to the ministry, and requests assignment as a pastor and is assigned or called by the Executive Council.

    2. A minister may demit the ministry voluntarily by giving written notice of that fact to the president of the Andhra Evangelical Lutheran Church, subject to the limitation of item four below. The name of such a minister shall be removed from the clergy roll and his ordination papers deposited with the president of the Church, If one who has demitted the ministry gives satisfactory evidence of desiring to return to the office of the ministry, the Executive Council may consider his request and on the merits of the case may take action ta reinstate him in the clergy roll of this Church and to restore to him his ordination papers.

    3. A ministry may be removed from the ministerial office, be required to deposit his ordination papers with the + president of the Church, and have his name removed from the clergy roll of this Church by action of the Executive Council of this Church in accordance with the procedures laid down in this constitution and its by-laws. One who has been so removed from the office of the ministry shall not be reinstated as a minister of this Church or dismissed in good standing to another Church,

    4. A minister of the Andhra Evangelical Lutheran Church shall serve this Church for a period ot seven years in order to discharge his theological training bond. Fajlure so to serve shall make him liable to repay to the church one seventh of the stated, cost of such training for each year less than seven which he serves.

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    Sec. 4. DISCIPLINE OF MINISTERS

    a. Ministers shall be-liable to discipline for the offences set forth in the constitution of the Andhra Evangelical Lutheran Church. (Art. IV, Sec. 4. c.).

    b. The president of the Andhra Evangelical Lutheran Church shall have primary responsibility to take cognizance of al{ offences by ministers of this Church that would make them liable to discipline. Such offences may also be reported to the president of the Church by the presidents of synods or by others, in which cases the charge against a minister shall be specific, in writing, addressed to the president of the Andhra Evangelical Lutheran Church and signed by those making the charges.

    c. The president of the Andhra Evangelical Lutheran Church shall 'settle the matter by personal enquiry and advice jf possibile but shall report all such cases to the Executive Council. -

    d. If. however, the president or Executive Council of the Andhra Evangelical Lutheran Church deems further proceedings necessary or if the accused minister shall deemed that the case be referred to a committee on discipline, such a committee shall be coristituted to hear the case.,

    e. Committee on Discipline

    I. Composition and appointment A Committee on Discipline shall be composed of ten members learned in the doctrine and practice of the Church, none of whom shall be members of the synod of which the accusag minister is a member. Of these ten, six shal be ordained men and four shall be laymen. The president of the Church shall be one of the clerical members except in the case of discipli» nary action against him. The other members shall be appointed bythe Exécutive Countil upon Nomination by the Executive Council's"Committes on Normifiations and Credentials in the following manner:* 8

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    The Committee on Nominxtions and Credentials of the Exeeutive Council shall present the names of five ordained men and four laymen. The Executive Council may then nominate other ordained men and laymen if desired. If oth®&r nominations are made, each member of the Executive Council shall then indicate by written ballot the order of preference which he gives to the names of each category separately. The five ordained men and four laymen who receive thé highest totals shall constitute the committee along with the president. The president shall serve as chairman of the committee except in the case of disciplinary action against him. This committee shall normally be appointed for the period necessary to hear and dispose of the case referred to it, but no term shall be fixed for its membership. In case charges are made against the president of the Church, accusing him of offences which would make him liable to discipline, these shall be addressed to the vice-president and the treasurer of the Church, who jointly shall settle the matter by personal enquiry and advice if possible but shall report the matter to a meeting of the Executive Council called by the vice-president and the treasurer jointly and presided over by the vice-president. If the' Executive Council deems further proceedings necessary or if the president shall deemed that the case be referred to a committee on discipline, the Executive Council shall appoint such a committee consisting of six ordained men and four laymen, among whom the Executive Council shall designate the" chairman. The President of the Church shall designate the chairman. The President of the Church shall not be a member of that committee.

    2. Procedure

    a. The committee on discipline through its chgirman shall fix a time and place for hearing the. charges, of which time and place the accused shall be given at least ten days' notice in writing. One minister and ons layman out side the membership of the committee shall be named

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    by the president of the Church 1d Hither evidence and prosecute the case against the accused to final judgement of innocence or inposition 6f a penalty.

    In the case of disciplinary action against the president of the Church, tne Executive Council shall appoint these two persons.to prosecute the case. The accused shall have the right to question witnesses and to testify and to call witnesses on his own behalf. The accused shall be entitled to a full hearing but the committee may refuse to hear testimony that clearly has no bearing upon the charges or that is unduly repetitious.

    (bY The Committee on Discipline shall make a written report which shall be filed with the president of the Church stating what have been found to be the facts in the case and containing either (1) a finding of innocence or (2) by a two - thirds vote a finding of guilt with a recommendation of appropriate penalty as laid down-in Sec. 4. b. above. Only factual evidence. shall be determinative of the tindings although other considerations may find a place in, the recommendations of penalty. The report may also contain a discussion of the reasons for arriving at the findings and recommendations.,

    c) The president of the Church shall forward copies of the report to the actused with a notice thai any appeal therefrom must be lodged with him within thirty days from the day. of mailing the notice or of personal delivery thereof. If neither party should file an appeal within the time specified, the findings shall be accepted as binding facts - concerning the charges made and the president of the Church shall report the findings and recommendations to the next session of the Executive Council. The Executive Council shall by a majority vote pass upon the recommendations ot a penalty proposed by the Committee on Discipline.

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    d) Appeals from the findings and recommendations of the Committee on Discipline shall be allowed upon the following grounds and na others:

    1) prejudicial conduct on the part of a member or of members of the committee on discipline.

    2) obvious falsity of testimony upon which any material findings are based.

    3) lack of evidence in support of any material findings.

    4) discovery of evidence (whose purport is to be set out in the appeal) likely to change material findings, which evidence was unknown or unavalable to the appellant at the time of the hearing before the Committee on Discipline.

    5) admission of guilt and avowal of repentance with a plea for mitigation of the penalty.

    f) The penalties which may be imposed upon ministers are:

    1. private censure and admonition by the president of the Church.

    2. public censure and admonition before the tonvention of the A. E. L. Church.

    3. loss of increment or fine,

    4. temporary removal on loss of pay for a specified period, or until there is evidence of repentance and amendment satisfactory to the Executive Council.

    6. deposition from the ministerial office.

    0) Appeals All appeals shall be heard by the Commission of + Adjudication.

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    I. The Commission of Adjadication, acting-as an appeals committde; chall determine in what manner any facts offered fot its donsideration shall be established and how argumient may be presented. After hearing the appeal, along with admissible facts and argument, it shall decide either (1) that the appeal'is without foundation and dismiss it: 'or {2) that the charges ought to be dismissed without turther Heating dnd so dismiss them; or (3) the report of the Committee on Biscipline shall be redrafted in the light of the appedl dnd refer the report to that commilttee far such redrafting; of {#) that the case should be re-heard, If the décisiomr of the Commission 13 that the case be te-heard, - the Comttilssion shill procebd to do So in atcordahte with the provisions of Sec. 4. f. 2 (a) above. 2,~_ After re-heatings such a case the Commission of Adjudication shall make a written report which =hall he fited with the president of the Church stating what have bggn feuad to be the facts in the case and containing either (1) a finding of innocence or (2) by a two-thirds vote a finding of guilt with a'recommendation of appropriate penalty * as 1&4id down in Sec. 4. b. above. Only factual -bvidence shalt be detetminative ofithe jfindings altnough othér consideration may find a placd_in the recommeridations of penalty. The réport may wlso gontaln a discussion of the reasons for arriving at the findings" arid recommendations.

    3. The Executive Council shall by a majority vote pass upon the recommendations of a penalty proposed by the Commission of Adjudication. '

    4. Décisions made by the Cormissiori of Adjadication and thé Executive Council under this section on dppeals shall be tinal @nd binding. 1h).As soon as fegsible.after desisiotr is made regarding the penalty, the.president of the Churph shall impose that panalty Jasthe presence ofithe acassed.s The.gbisence of the accused, however, shall not affect or delay the Imposition of: the prescribed penalty.

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    I) Normally, an accused paster shall continue to function as usual during the disciplinary procedures. If upon inyestigation, however, obvious heresy or gross immorality of the accused is apparent or if he shall have admitted his guilt or absconded, or if the circumstances are such that, in the opinion of the presjdent of the Church. the Church would suffer material injury by the accused's continuing to exercise the office of the Ministry during the progress of disciplinary Procedures, the president of the! Church may immediately Suspend the accused from the office and functions of the ministry until such charges against him*have;been fully and finally decided by the Church. All such suspensions shall be reported to the next meeting of the Executive- Council which, may reinstate the accused pending disposition of the charges,

    J) Notice sent by the registered post with acknowledgement due to the official address of the accused shall fulfi{ the requirefients of riotice set forth in previous paragraphs of this section. }

    k) With the exception of a person who has heen removed from the office of the ministry (see Art.Il] Sac. 3. Gc a) ministary under-discipline by the Andhra Evangelical Lutheran Church shall not be eligible for" further setyice in the church or for dismissal in good standing to another Church '9nless he has been restored to good standing by fulfilment of tte conditions of the penalty imposed and by action of the Execu. tive Council of the Andfira Evangelical Lutheran Church. 120 -

    I) No action, decision or judgement of the Committee: on Discipline, of the Commission of Adjudication or of the Executive Council in such a matter of discipline shall be subject to appeal or revision by any person or couitoutside the Andhra Evangelical Lutheran Church. Any minister 'proceeding to a court outside the Andhra Evangelical Lutheran Church in such & matter shall forthwith lose his ministerial "status and: his membership in the -Andhra Evangelical * Lutheran Chuweh. é ee - h 4

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    Missing from the scan — printed pages 52-53. Printed pages 52 and 53 (By-Laws of the A.E.L. Church, Article III ‘Officers’ and the opening of Article IV) are not present in the scanned copy. The text resumes on the next scanned page.

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