LCMS Convention Workbook St. Louis, Missouri — 1998, Page 268

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268 STRUCTURE, PLANNING, AND ADMINISTRATION

WHEREAS, The faculty of Concordia Seminary, subsequent to
his receiving of the theological diploma, refused certification to
Otten; and

WHEREAS, Otten subsequently appealed the denial of his certifi-
cation by the faculty of Concordia Seminary through the synodical
dispute resolution process in force at that time (Seminary vs.
Otten); and

WHEREAS, Seminary vs. Otten finally came within the jurisdic-
tion of the highest synodical judiciary body at that time, the Board
of Appeals (hereinafter BOA); and

WHEREAS, The faculty of Concordia Seminary, before Seminary
vs. Otten was heard by the BOA, accepted the burden of proof to
justify why they had not certified Otten; and

WHEREAS, The vote of the BOA on Nov. 11, 1960, on the ques-
tion whether to sustain the faculty of Concordia Seminary in deny-
ing, Otten certification resulted in a 5-5 tie; and

WHEREAS, By virtue of the tie vote of the BOA, on Nov. 11,
1960, Concordia Seminary failed in sustaining their burden of
proof in denying certification to Otten; and

WHEREAS, Otten has always maintained the BOA vote of
Nov. 11, 1960, should have resulted in his certification, while the
faculty of Concordia Seminary and various synodical officials
(none competent under Bylaws to render an informed opinion on
the meaning of the BOA vote) held the converse. Otten did not re-
ceive certification; and

WHEREAS, The Rev. Dr. Ralph Bohlmann, in his capacity as
President of Concordia Seminary and during his tenure in that of-
fice, twice in writing requested from the Commission on Appeals
(successor body to the BOA, hereinafter the COA) to rule on the
meaning of the tie vote of the BOA of Nov. 11, 1960; and

WHEREAS, During the time that the Rev. Dr. Ralph Bohlmann
was President of Concordia Seminary, the COA did not render an
opinion on the meaning of the tie vote of the BOA of Nov. 11,
1960, and accordingly when Dr. Bohlmann became synodical Pres-
ident, he requested the COA to render an opinion on who was the
prevailing party in the Nov. 11, 1960, vote of the BOA in the case
of Seminary vs. Otten; and

WHEREAS, COA investigated the facts concerning Seminary vs.
Otten and the tie vote of BOA of Nov. 11, 1960, pursuant to the
request of Synodical President Bohlmann, and after due delibera-
tion released its ruling on Seminary vs. Otten on Dec. 12, 1984;
and

WHEREAS, The COA ruling of Dec. 12, 1984, determined that
Otten had been, in fact, the prevailing party in the case Seminary
vs. Otten as a result of the BOA vote of Nov. 11, 1960; and

WHEREAS, All members of Synod were bound by the findings of
the COA ruling of Dec. 12, 1984, and the COA ruling was ap-
proved by Synod in convention of 1986; and

WHEREAS, Neither President Bohlmann nor the faculty of Con-
cordia Seminary accepted the COA ruling of Dec. 12, 1984, citing
extraneous, unproved allegations against Otten, which occurred
after the BOA vote of Nov. 11, 1960, his certification was with-
held; and

WHEREAS, Otten displayed his willingness to operate under the
suggestions of Synod in convention in subsequent sessions, no se-
rious steps were taken by the faculty of Concordia Seminary to ef-
fect his certification; and

WHEREAS, Synod in convention in 1995, through Res. 7-18A,
sought to have the matter of Rev. Herman J. Otten’s certification
concluded in a “God-pleasing” manner; and

WHEREAS, Res. 7-18A mandated the formation of a special
committee to determine the facts of the case and submit their find-
ings to the synodical President; and

WHEREAS, Res. 7-18A also foresaw a suspension of normal
rules for certification in its wording; and

WHEREAS, The special committee contained at least one mem-
ber bearing a personal animus against Otten and this member was
not recused; and

WHEREAS, The Commission on Constitutional Matters (CCM
hereinafter), shortly after the 1995 synodical convention, rendered
an opinion that any decision of the special committee related to the
certification of Otten must be in accord with the Bylaws of Synod,
and since the Bylaws of Synod state that Concordia Seminary has
the sole power to certify a graduate of Concordia Seminary, the
work product of the special committee was rendered irrelevant; and

WHEREAS, The special committee gave no credence to the COA
ruling of Dec. 12, 1984, and premised their entire approach to the
certification issue that only Concordia Seminary could certify
Otten; and

WHEREAS, The only way Otten will be certified by Concordia
Seminary is if the Bylaws of LCMS are amended to achieve certi-
fication for him; therefore be it

Resolved, That Bylaw 2.09 g is added to the Bylaws of Synod to
read as follows:

The Rev. Herman J. Otten, a 1957 graduate of Concordia Sem-
inary, as of the date of his graduation was in full compliance with
any of the provisions of Section 6.163 of the Bylaws that apply to
his case, and is by this action of the convention of the LCMS, cer-
tified as of the date of his graduation from Concordia Seminary.

St. Paul Evangelical, Paterson, NJ; Immanuel, Clovis, NM;
Holy Cross, Kerrville, TX; Mt. Hope, Boulder, CO

7-94

To Order Faculty to Certify Herman Otten

WHEREAS, Herman Otten has successfully completed a course
of instruction at Concordia Seminary, St. Louis, and was granted
his M.Div. in 1958; and

WHEREAS, Herman Otten was denied certification into the min-
isterium of The Lutheran Church—Missouri Synod by Concordia
Seminary without cause; and

WHEREAS, The highest adjudicatory body in The Lutheran
Church—Missouri Synod in 1960, the BOA, found in favor of Her-
man Otten by virtue of a tie vote in a proceeding where the burden
of proof was placed upon the seminary; and

WHEREAS, The highest adjudicatory body in The Lutheran
Church—Missouri Synod (COA) in 1984 affirmed that the 1960
verdict of the BOA was in favor of Herman Otten; and

WHEREAS, The faculty and administration of Concordia Semi-
nary have refused to certify Herman Otten in defiance of the 1960
BOA ruling and the 1984 ruling of the COA; and

WHEREAS, The faculty and administration have taken no action
which would result in the certification of Herman Otten, nor do
they seem to have such intent; and

WHEREAS, Herman Otten has sought redress of the wrong done
him by Concordia Seminary only through ecclesiastical means and
has been unable to gain such redress in spite of two adjudicatory
decisions in his favor; and

WHEREAS, Herman Otten has faithfully served as pastor of Trin-
ity Lutheran Church of New Haven, Mo. (a member congregation
of The Lutheran Church—Missouri Synod), adhering to the offi-
cial theological positions of Synod; and

WHEREAS, Herman Otten has exhibited the highest standards of
pastoral care to the souls placed in his charge; and

WHEREAS, Herman Otten is of good report to the brother pas-
tors of the Circuit in which his congregation is located; therefore be
It

Resolved, That The Lutheran Church—Missouri Synod in con-
vention herewith direct and mandate the synodical President to
order the faculty and administration of Concordia Seminary to take
effective measures under synodical Constitution Art. XI A 2, such
that Herman Otten is certified minister of religion, ordained of The
Lutheran Church—Missouri Synod within 60 days following the
date of passage of this resolution.

Concordia
South Haven, MN