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Matt Kennedy
Rector’s Journal: Hope For an Amicable Parting
Thursday, May 8, 2008 • 9:40 am
The meeting went very well. We arrived ready to offer half of a six hundred thousand dollar bequest in exchange for a diocesan agreement to quit any claim to parish property. Property prices in Central New York are quite low compared to those in Virginia and elsewhere so the offer was a generous one. The amount offered would, we would later (after a joint appraisal) discover, fall just under fair market value. But, we reasoned, this first meeting was just the beginning of negotiations and we were ready to offer more if necessary. It did not prove necessary. Bishop Adams expressed a great deal of interest in the arrangement. Not only did he think such a deal possible but he expressed the opinion that it was preferable to any court proceeding...

On the morning of August 3rd, 2006 Good Shepherd's Junior Warden, Tom Woolsey, our treasurer, Chris Jones, and I met with Bishop Adams in his office in Syracuse. The bishop was accompanied by the dean of the Syracuse district of Central New York parishes. Our senior warden, John King, was out of town.

The meeting went very well. We arrived ready to offer half of a six hundred thousand dollar bequest in exchange for a diocesan agreement to quit any claim to parish property. Property prices in Central New York are quite low compared to those in Virginia and elsewhere so the offer was a generous one. The amount offered would, we would later (after a joint appraisal) discover, fall just under fair market value. But, we reasoned, this first meeting was just the beginning of negotiations and we were ready to offer more if necessary.

It did not prove necessary. Bishop Adams expressed a great deal of interest in the arrangement. Not only did he think such a deal possible but he expressed the opinion that it was preferable to any court proceeding.

There were questions about whether a transfer of the bequest was possible. The bequest stated that should Good Shepherd "cease to exist" the principle would pass to another local parish. But, on the other hand, Good Shepherd was not going to "cease to exist". We were simply going to disaffiliate from the Episcopal Church.

The bishop promised to follow up on this question from his side (as we would from ours) and to query the standing committee regarding our offer.

We all agreed that nothing should be said publicly until a deal was finalized. We spent some time discussing what sort of statement we ought to make, agreeing finally that it should be a joint statement and that, perhaps, such a gesture might serve as a model of amicable separation for parishes and dioceses elsewhere.

Here is my brief report to the parish on that meeting published in our weekly parish newsletter dated August 4th, 2006:
MEETING WITH THE BISHOP: This Thursday Chris Jones (treasurer), Tom Woolsey (Jr. warden) and I met with bishop Adams and a representative from the diocese of Central New York (Our Sr. warden, John King, is currently vacationing in Florida) . We are not currently at liberty to discuss the details of the meeting, but we can say that it was very positive and that we left Syracuse rejoicing and thanking God for his blessings and with a great sense of confidence and hope.

Given the overall friendly tone of the meeting, Bishop Adams' explicit acknowledgment that retaining our property without litigation was possible, and his expressed desire to negotiate an amicable resolution, I was indeed feeling quite confident.

On September 15th, 2006, I sent Bishop Adams the following email:
Dear Bishop Adams,

If and when we come to the point of issuing any letters or statements, I commend these two public letters from Christ Church Plano and bishop Stanton of Dallas as a valuable model.

http://www.christchurchplano.org/documents/06_0915_roseberry.html

Yours in Christ,
Matt

About a month and a half later, on October 26th, 2006 the bishop and I spoke over the phone regarding some follow up steps subsequent to our meeting. Here is my report of that call to the vestry:
Dear Vestry,

I spoke with Bishop Adams this morning. I had a pastoral appointment afterwards so I am just now getting this report to you.

The bishop reported that the Standing Committee was very open to our suggestion of an amicable parting of ways. His words were: "The Standing committee most open to this venture. They want work things out.."

There were two requests and one piece of information:

1. The Standing Committee would like copy of the Brandon(sp) bequest. They would like to know how the transfer of funds might be worked out legally.
2. They also would like us to pay half of the cost of an appraisal of the property. I asked whether we could agree on the appraiser. The bishop said the diocese had an appraiser. I told him I would pass this on to you and we would let him know.

Information: the bishop mentioned that Christ Church is named in the Brandon(sp) bequest. He does not think this should pose a problem, but mentioned that Christ Church does know about it and did bring it to his attention. Christ Church is an interested party and may need to be included in the negotiations.

That is where things stand. Overall it was a courteous and friendly conversation.

God bless you all.
Matt

Ultimately, the vestry decided that an amicable separation was our most important consideration and we agreed to pay half the cost for a joint appraisal which, in the end, turned out to cost far more than was assumed in the following letter to Bishop Adams:

On December 31st, 2006, the eve of the new year, the mood at Good Shepherd was optimistic. There were some who still believed that the bishop would change his mind about negotiating but most of us believed that if we just continued acting in good faith, there would be a just and amicable settlement and parting.

Past installments of the Rector's Journal may be found by following the links below:
Summer 2006
Spring 2006

Comments:

What a contrast between these amicable negotiations and the diocese’s current resort to litigation!

And how tellingly it highlights the gratuitous malice of ECUSA’s revisionist rulers.

[1] Posted by Irenaeus on 05-08-2008 at 10:32 AM

Thanks Irenaeus. It is a shame. Although given subsequent events that will be disclosed later, I am not altogether sure there was ever, on the part of the diocese, a genuine interest in anything other than getting us to reveal information about our financial situation. I hope I am wrong.

[2] Posted by Matt Kennedy on 05-08-2008 at 12:13 PM

Mathew 19:16
I am sending you out like sheep among wolves. Therefore be as shrewd as snakes and gentle as doves.

[3] Posted by Anvil on 05-08-2008 at 05:06 PM

Matt,
We cannot control how others act or react.  We cannot make bishops or priests behave as Christians or even behave honorably.  We can only control our own behaviors and reactions.  We are the ones responsible for acting in a Christian manner and behaving honorably.  If others negotiate in bad faith, there is nothing we can do about it until we know that they negotiate in bad faith.

So, keep the Faith.  Live the Faith.  Share the Faith.  Put on God’s faithfulness as you “armor up” each morning.

YBIC,
Phil Snyder

[4] Posted by Philip Snyder (Dallas) on 05-08-2008 at 07:37 PM

Uh-oh.
Things start to sound ominous here.
The bishop is being offered half a loaf here - and I am sure the parish thought they were being generous.
But the other message that the bishop might have got is: if these people leave TEC, maybe we can get the whole loaf. Am I guessing right?

[5] Posted by obadiahslope on 05-08-2008 at 08:10 PM

obadiahslope,

At the time I would have thought you were being too cynical. Now, unfortunately, I am not too sure.

Seeing that we were offering to give quite a sum from our own financial assets in exchange for the diocese relinquishing any to our own property, yes, I would agree that we believed we were being generous.

[6] Posted by Matt Kennedy on 05-08-2008 at 08:40 PM

Seems to me that the Bishop’s 2006 statements would be admissible in the present litigation as admissions against interest and/or inconsistent statements, i.e., back then he indicated interest and willingness to sell, and now he is asserting the Dennis Canon and all of the “hold in trust” language.  If he is now contending that the lawsuit is his fiduciary duty as a Bishop to safeguard the property for an Episcopal parish, where were all his concerns in 2006?  If he was merely being disingenuous in 2006 and doing a little investigation into Good Shepherd’s financial wherewithal, doesn’t this all sort of lead into that classic cross-examination question, “Gee, Bishop, were you lying then or are you lying now?”

[7] Posted by Horseman on 05-08-2008 at 09:23 PM

Matt+,
In my Darth Vadar voice “I want it allllllllllll.”
The familiar playbook.

[8] Posted by southernvirginia1 on 05-08-2008 at 09:39 PM

Cynical maybe. But inadvertantly the parish had revealed a hollow log. And hollow logs tend to get raided by cash strapped institutions.

[9] Posted by obadiahslope on 05-08-2008 at 09:41 PM

With the exception of very few bishops and standing committees, let this be a warning to other parishes thinking their loving bishop is willing to negotiate about property.  I think your bishop and +Lee are just the tip of the iceberg.  I am so grateful to be under the care of a shepherd whose yes means yes and whose no means no.

[10] Posted by terrafirma on 05-08-2008 at 09:47 PM

Bp Adams wakes up at 2:00 am from his dream and exclaims --"I can have the bequest and the property too!!”

[11] Posted by JHGraves on 05-08-2008 at 10:28 PM

obadiahslope,

I agree. we revealed too much. But if you remember, at the time +KJS had yet to raise the black flag. We were still operating under the impression that she would continue +Griswold’s more generous policy.

[12] Posted by Matt Kennedy on 05-09-2008 at 04:08 AM

"Gee, Bishop were you lying then or are you lying now?”

Excellant observation. This sets up damages to the local church. For the first time I’m beginning to see what 815 was saying to Lee, Howe and Adams to make them change in midstream. The dialogue must have been “If you release those local churches 815 will be looking to the Bishops personally for damages.” They will do that till the Denis Canon is broken in court. So much for ever considering negoiating with 815 or any nice local Bishop. 815 will break them and the local parish will pay the price. In order to be free, 815 will have to be brought down. It is them or us.

[13] Posted by ctowles on 05-09-2008 at 11:14 AM

I hate to think that this bishop was so disenginious… It would be so much less expensive if TEC kept property but gave the money necessary, or at least part of the money necessary, to help reestablish the folks leaving in another location of equal value. I’ll bet the money spent on attorneys and lawsuits, not to mention ancillary expenses, is huge and could be put to better uses. Fr. Matt. it makes me sad that your family and congregation are going through this, but I do admire your courage and faith, if not your choice to leave. May God’s will be done in all this, and may his will be to bless us all to His glory and the glory of His Holy Church Universal. May he forgive us our sins against God and each other, especially those committed in His Name.

[14] Posted by FrVan on 05-09-2008 at 11:30 AM

It sure seems that something happened to cause the bishops to stop negotiating and start litigating.  That’s a “duh” statement to most of you, I guess.

I find it odd that the outcome is the same - the diocese no longer has the buildings but they have the money from the buildings.  That will occur if the court gives them the buildings through litigation, and they sell them since they can’t afford them, or if the departing congregations make payments for the buildings. 

If the outcome is the same, actually the settlement is easier and simpler, why in the world are they wasting so much money on the lawyers, when the Bible specifically admonishes Christians not to sue each other?

[15] Posted by Paul B on 05-09-2008 at 11:58 AM

#15
You ask why?  IMO, it’s not just about money but also about control.  It’s like the abusive husband who, when a battered spouse finally gets the courage to leave the husband basically says you can go but you’re leaving everything else here...not just cash and valuable stuff but her hairbrush, curlers, etc.  Does the husband have a need for curlers?  Nope but he’s going to make it as painful and shameful as he possibly can on the fleeing spouse.....and what did the husband do with those curlers?  He threw them away, but at least that bitch doesn’t have them.

BigTex AC

[16] Posted by BigTex AC on 05-09-2008 at 12:29 PM

"+KJS had yet to raise the black flag”
---Matt Kennedy [#12]

A phrase worth remembering and repeating.
_ _ _ _ _ _

I’m assuming that Matt refers not to the black flag of anarchy but to 815’s version of the Shroud of Turin:
http://www.seatcoverman.com/images/Prints/Skull-and-Crossbones-11656F.jpg

[17] Posted by Irenaeus on 05-09-2008 at 04:25 PM

If the outcome is the same, actually the settlement is easier and simpler, why in the world are they wasting so much money on the lawyers, when the Bible specifically admonishes Christians not to sue each other?

It’s an intimidation technique, pure and simple. TEC follows this course because most of parishoners will simply not want to go thru the trials such as this that those of us who have broken away are facing. And that keeps the little sheep safely in the pen.

[18] Posted by Mike L on 05-09-2008 at 06:21 PM
815’s version of the Shroud of Turin:

Ah.  I get it: Kate raises the black flag, and all the conservatives get jolly well rogered.
Makes sense.
[19] Posted by The Pilgrim on 05-11-2008 at 05:30 PM

Matt,
Peace be with you, “good and loyal” servant. I know both you and this Bishop. Bishop Adams looked cooly into my face one day and lied right to me. He promised that he would never sue my parish and within 6 months he filed the suit. (I had since moved to Columbus, Ohio where you blessed my house after “convention”.) I am ashamed that a Bishop could be so intentially disingenous. My prayers remain with ALL concerned. I fear for the Bishop and his eternal soul.

[20] Posted by Ramrock on 05-12-2008 at 02:07 PM

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