LCMS Convention Proceedings St. Louis, Missouri — 1965, Page 133

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CONSTITUTIONAL MATTERS, MEMBERSHIP APPLICATIONS 133

government shall be recognized. A Board of Appeals may
therefore only review the action of the congregation accord-
ing to the Word of God and shall either uphold the action
of the congregation or advise the congregation to review and
revise its action. If the congregation does not revise its ac-
tion, the other congregations of the Synod shall not be
required to respect such action, and the District shall take
such action with respect to such congregation as it may
deem necessary.

5.65 Decision Final and Binding

In all cases other than those which arise from the decision
of a congregation pursuant to Section 5.21 b, the decision of
the Board of Appeals of the Synod and of the District (where
no further appeal is taken) shall be final and binding upon
all concerned.

F. DEFINITIONS
5.71 Terms as Used in This Article

a. “Organization owned and controlled by the Synod”
shall be construed to include any board, department, division,
committee, or commission of the Synod, Radio Station KFUO,
Concordia Historical Institute, The Lutheran Church — Mis-
souri Synod Foundation, Concordia Publishing House, and
all educational institutions operated by the Synod, but shall
not for the purposes of this Article include the Districts of
the Synod.

b. “Member of the Synod” shall include any individual
or congregation holding membership in the Synod within the
meaning of Article V of the Constitution of the Synod.

ce. “Position” shall include (1) membership on a board
or commission, (2) status as an officer (including a Circuit
Counselor), and (3) any executive or administrative employ-
ment, regardless of whether the position was filled by elec-
tion, appointment, or call.

Action: This resolution was adopted after it had
been noted that Paragraph 5.0la now requires two
instead of three lawyers.

Note: This resolution intends (though it does not spe-

cifically state so) that all of Chapter V of the Bylaws (in-
cluding sections 5.81 to 5.185) be replaced by the above.

Ordination of the Reverend Herman Otten
and Status of Trinity Lutheran Church
New Haven, Mo.

Overture x-1 RESOLUTION 5-29

Wuereas, Overture X-1 makes two requests:

1. “That the 1965 Detroit Convention of The Lu-
theran Church — Missouri Synod order Concordia
Seminary to recognize Pastor Herman Otten as
a properly ordained pastor within The Lutheran
Church — Missouri Synod;

2. “That The Lutheran Church — Missouri Synod
recognize Trinity Lutheran Church, New Haven,
Missouri, as a congregation in good standing
within the Missouri Synod”; and

Wuereas, The synodical Handbook mentions as part
of the requirements for ordination: “He shall have
received endorsement by the proper faculty or the
Committee on Colloquies” (4.15a, 2); and: “The Dis-
trict President shall approve the request for ordination”
(415 b, 3); and

Wuereas, Neither of these requirements of the
synodical Handbook has been met by the Reverend
Herman Otten; and

Wuereas, According to the statement of the Synod’s
Board of Appeals in the case of Trinity Lutheran
Church, New Haven, Mo., the charges filed against this
congregation by the Western District on April 26, 1963,
are still pending; therefore be it

Resolved, That both requests of Overture X-1 be
declined.

Action: This resolution was adopted.

The Herman Otten Case

Overture X-2 RESOLUTION 5-30
Wuereas, Overture X-2 suggests steps for reopening
the Herman Otten case; and

Whereas, The Cleveland convention accepted the
ruling of the President of the Synod that the case of
Herman Otten was closed; therefore be it

Resolved, That Overture X-2 be declined.
Action: This resolution was adopted.

To Amend “Handbook” Section 6.83
and Add New Section 6.85

RESOLUTION 5-31

Overtures 4-33 (CW, p. 167); 2-47 M (TB, p.6)

Wuereas, The President of the Synod has the super-
vision of the doctrine and the administration of all such
as are employed by the Synod (Constitution, Article XI,
B. 1. b); and

Whereas, The method of carrying out this responsi-
bility with respect to the faculties of the educational
institutions of the Synod is not adequately set forth;
therefore be it

Resolved, That Handbook Section 6.83 be amended
to read:

6.83 Negligency, Inefficiency, etc.

The Board of Control, upon report of the president
of the institution or upon its own initiative, shall investi-
gate the facts and circumstances when any member of:
the administrative and teaching staff is properly charged
(1 Timothy 5:19) with being dilatory, neglectful, or
inefficient in his duties, or with being guilty of con-
tumacious refusal to cooperate with the president of
the institution and officers of the Synod to such an
extent as will injure or interfere with the purpose and
objectives of the institution, or with conduct unbecom-
ing a Christian. It shall then render a decision and
determine upon such further action as may be needed.

and be it further
Resolved, That a new Section 6.85 be added:

6.85 Ungodly Life; False Doctrine

The Board of Control, upon report of the president
of the institution, or upon request of the President of
the Synod submitted through the president of the insti-
tution, or upon its own initiative, shall investigate the
facts and circumstances when any member of the faculty
is properly charged (1 Timothy 5:19) with having given
offense by an ungodly life or is charged with promulga-
tion of and persistent adherence to false doctrine. It shall
then render a decision and report its findings to the
District President and to the Synod President. If in
the judgment of the President of the Synod proper action