LCMS Convention Workbook St. Louis, Missouri — 2001, Page 287

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STRUCTURE, PLANNING, AND ADMINISTRATION 287

WHEREAS, Since 1958 Otten has served with distinction as the
pastor of Trinity Lutheran Church, New Haven, MO, a church in
1957 and now a member in good standing in the LCMS; and

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 v. Otten);
and

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

WuereEAS, The faculty of Concordia Seminary, before Seminary
v. 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, the Concordia Seminary failed in sustaining their burden of
proof in denying certification to Otten; and

WuerEAS, Rev. Herman J. Otten has always maintained the
BOA vote of Nov. I1, 1960, should have resulted in his certifica-
tion, while the faculty of Concordia Seminary and various synodi-
cal officials (none competent under the Bylaws to render an in-
formed opinion on the meaning of the BOA vote) held the
converse, and Otten did not receive certification; and

Wrereas, Rev. Dr. Ralph Bohlmann, in his capacity as presi-
dent of Concordia Seminary and during his tenure in that office,
twice in writing requested from the Commission on Appeals (suc-
cessor body to the BOA, hereinafter COA) to rule on the meaning
of the tie vote of the BOA of Nov. 11, 1960; and

Wuereas, During the time that Dr. 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 accord-
ingly when Dr. Bohlmann became synodical President, he re-
quested 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 Semi-
nary v. Otten; and

Wuereas, COA investigated the facts concerning Seminary v.
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 v. 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 v.
Otten as a result of the BOA vote of Nov. 11, 1960; and

Wuereas, All members of the Synod were bound by the find-
ings of the COA ruling of Dec. 12, 1984, and the COA ruling was
approved by the Synod in convention in 1986; and

WHEREAS, President Bohlmann refused to accept the finding of
the COA ruling released Dec 12, 1984, which was the result of a
meeting of the COA on Nov 26, 1984, contending that he, Dr.
Bohlmann, had never requested the COA to render an opinion in
the matter; and

WHEREAS, In June 1998, seven of the nine members of the
COA, one member being deceased and one not recalling, signed
statements under penalty of perjury that at a breakfast meeting of
the COA at LCMS headquarters in the fall of 1983, Dr. BohImann
orally requested that the COA once and for all render a decision on
the Nov. 11, 1960, decision of the BOA concerning Rev. Herman
Otten; 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 allegedly oc-
curred after the BOA vote of Nov. Il. 1960, and his certification
was withheld; and

Wuereas, Although Otten displayed his willingness to comply
with the suggestions of the Synod in convention in subsequent ses-

sions, no steps were taken by the faculty of Concordia Seminary to
effect his certification; and

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

Wuereas, 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 the normal
rules for certification in this wording; and

Wuereas, 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 issue of certification of Otten must be in accordance with the
Bylaws of the Synod, and since the Bylaws of the Synod state that
the 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 the LCMS are amended to achieve
certification for him; therefore be it

Resolved, That paragraph 2.09 g be added to the Bylaws of the
Synod, to read as follows:

Rev. Herman Otten, a 1957 graduate of Concordia Seminary, as

of the date of his graduation, was in full compliance with any

of the provisions of Section 6.163 of the Bylaws of the Synod

that apply to his case, and is by this action of the convention of

the LCMS certified as of the date of his graduation from Con-
cordia Seminary.

Our Savior, Fullerton, CA; Trinity, New Haven, MO; Zion,
Terra Bella, CA; Immanuel, San Antonio, TX; Redeemer,
St. Clair Shores, MI; St. John, Cedar Rapids, NE; Immanuel.
Clovis, NM; Trinity, Bridgeton, MO; Gloria Dei, Chicago,
IL; Concordia, Fair Haven, MN; Immanuel, Van Buren,
MO; St. Paul, Mondovi, WI; Our Redeemer, Cushing, OK;
St. Paul, ron River, MI; St. Paul, Memphis, MO

7-141
To Suspend All Special Efforts to Fix Synod

WHEREAS, There has developed an atmosphere of distrust and
tension that has grown in our church body over recent years; and

WHEREAS, The many task forces and special commissions seem
to have helped to increase these tensions and this distrust; and

Wuereas, The proliferation of such task forces, special com-
missions, and blue ribbon committees has caused confusion and the
great perception among members of the LCMS of a church body
dominated by procedures, rules, and the rulebook; and

WHEREAS, Whatever needs to be done can be done through reg-
ular channels; therefore be it

Resolved, That the 2001 Synod in convention decide to suspend
all special commissions, blue ribbon committees, presidential task
forces, and commissions on structure and relations; and be it further

Resolved, That no new special commissions, committees, blue
ribbon committees, presidential task forces, or other ideas to fix
things be undertaken in this next triennium; and be it finally

Resolved, That during the next triennium the Synod seek ways
to restore trust among members apart from the implementation of
special commissions, committees, blue ribbon committees, and
presidential task forces.

Northwest District; St. Peter, Brooklyn, NY; University,
LaJolla, CA; Adantic District

2001 Convention Workbook