LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 22, 1995, Page 1

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8. Adjournment : Having completed its business, the meeting of the Commission was adjourned with
prayer led by Roland Hopmann.
Walter L. Rosin. Secretary

Minutes of the Commission on Constitutional Matters - October 22, 1995 - 6.30 p.m. CDT Telephone
Conference
9. Call to Order : Chairman Groh declared the conference in session and called upon the Secretary to lead
the members of the Commission in prayer.
10. Offensive Conduct (Ag. 2014, B) : Previously the Commission had received a request for an opinion
from a pastor regarding the phrase, "persist in an offensive conduct" as this is found in Article XIII of the
Constitution. He stated that he did not believe that the Commission had carried out its responsibility of
responding to his request.
After reviewing the matter, the Commission concluded that its previous response was appropriate and
determined to reply as follows:
In a telephone conference held on October 22, 1995, the Commission on Constitutional Matters
reiterated its previous response concerning your request for an interpretation of the meaning of the term
"persist in offensive conduct" found in Article XIII of the Constitution of the Synod. Incidentally, an
"opinion" of the Commission on Constitutional Matters is the same as an "interpretation" which it
provides.
The Commission understands that the term "offensive conduct" is to be understood as conduct which
causes another to lose faith, be weakened in faith, or which keeps someone from coming to faith.
Whether one has conducted himself in such a manner and whether one persists in doing so is a matter to
be determined on a case by case basis. A District President is called on to make such judgment and if
that judgment is appealed, it is the responsibility of a Dispute Resolution Panel to determine whether
the judgment is valid. The matter must be determined on a case by case basis.
The Commission would further note that even if a panel were to identify a number of kinds of conduct
which could be offensive, it would still not be the responsibility of the Commission on Constitutional
Matters to determine whether such conduct would fall under the provisions of Article XIII. Such a
determination is outside of the scope of both its authority and responsibility.
The Commission on Constitutional Matters has concluded that all correspondence between you and the
Commission relative to this issue is to be shared with the Dispute Resolution Panel which will hear
your appeal of the decision of the District President.
11. Service on Board of Regents and Board for Higher Educations (Ag. 2016) : The Executive Director
of the Board for Higher Education had asked for the clarification by the Commission on Constitutional
Matters of the President's appointment of the First Vice-President to both the Board for Higher
Education/Concordia University System Board and Concordia Theological Seminary Board of Regents. In
explanation of his request he asked the Commission to provide an opinion regarding
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The understanding and intent of Handbook 3.600 and 6.01 regarding representation of the