# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_September 16 1995_S4
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

"Is Resolution 7-18A (adopted at the 1995 convention of the Synod) in conformity with the Bylaws of
the Synod relative to the certification of a person for ministry in The Lutheran Church-Missouri
Synod?"
Responding to the question, the Commission stated
Resolution 7-18A adopted by the 1995 convention of the Synod states as follows:
Rationale:
Overtures 7-84 and 7-85 request the Synod in convention to take action in the matter of Herman
Otten's certification. As the legislative assembly of Synod (Bylaw 1-07, a) we recognize that the
Synod in convention is not an adjudicatory body and therefore is not designed to render a
decision concerning Rev. Otten's request for certification. We also recognize that the Synod in
convention is not a certifying body. It is further noted that the many unique elements involved in
this issue make it difficult to apply normal Bylaw procedures; therefore be it
Resolved, That a committee of five be formed, three members to be synodical reconcilers chosen
by the synodical secretary in a blind draw, one member to be a synodical vice president appointed
by the President of Synod, and the final member to be the president of the Missouri District, who
shall be the chairman; and be it further
Resolved, That this committee study the materials and issues pertinent to the Herman Otten case;
and be it further
Resolved, That this committee attempt by God's grace to reach a solution which will promote
peace and harmony in the Synod; and be it further
Resolved, That this committee report its findings and recommendations to the President of Synod;
and be it further
Resolved, That the President of Synod be respectfully directed to take appropriate action to
conclude this matter in accordance with the Bylaws of the Synod; and be it finally
Resolved, That any solution achieved be viewed as unique to this case without any precedential
value.
In answer to this question it should be noted that in the fifth resolve of Resolution 7-18A it is stated that
the action to conclude this matter must be in accord with the Bylaws of the Synod. Thus, all the bylaw
provisions relative to certification must be followed and are not in any manner whatsoever negated by
Resolution 7-18A. The resolution requires the five member committee to review the materials and
issues pertinent to the Herman Otten case and then report its findings and recommendation to the
President of the Synod. The President is then directed to take appropriate action to conclude the matter
in accordance with the Bylaws of the Synod. However, any action taken by the President cannot be
contrary to or in lieu of the bylaw provisions for certification. Although Resolution 7-18A indicates a
strong desire by the voting members of the Synod in convention assembled to bring the matter to a final
conclusion, it does not create an alternate procedure for certification.
7. Future Meeting : Members of the Commission agreed to a meeting in St. Louis on October 28, 1995, for
the purpose of reviewing bylaw revisions adopted at the convention, proposed bylaw revisions approved by
the Board of Directors of the Synod in relation to Resolution 7-23 of the convention, and other matters
which might arise between the time of the telephone conference and the October 28 meeting.