[ENS] The House of
Bishops' Ad Hoc Task Force on Property Disputes
proposed resolution AF 112 in part because of a
concern that some Episcopal dioceses and
congregations could face future litigation placing
"their financial existence, integrity and stability"
in jeopardy.The coordinated defense would include
the collection of legal memoranda, briefs and
decisions from dioceses which have already faced
such issues. It would also organize the preparation
of draft "white papers," response timelines and
talking points "in the event of widespread and
serious litigation."
Sauls, a member of the task force, said that it
is important to be prepared in case there is an
increase in the number of property disputes and to
have a clearinghouse of information for dioceses and
congregations. "In the Diocese of Lexington I would
not be able to litigate for long if I have to start
from scratch," he said.
Sauls also said that the task force feels that a
coordinated effort is needed to help reduce the
chance that an unfavorable court ruling in one state
could be used as a precedent elsewhere.
Council member Kim Byham said the coordination
project will serve to "calm" those who worry that
the Episcopal Church is not doing anything
substantive about efforts to remove congregational
property from diocesan rolls. Ramos-Orench said that
the effort will give hope to the entire church and
especially to dioceses that are "agonizing with
increasing legal costs."
The Rev. Carl Gerdau, canon to Presiding Bishop
Frank Griswold, told the council that the church
spent $500,000 in 2005 to defend congregations and
dioceses in such disputes. Griswold pointed out that
such an expenditure is evidence that the
coordination effort is "building on what has already
occurred."
The effort would also "develop a more permanent
organizational and financial structure" for the
defense work. The task force anticipates raising
money beyond the initial $100,000 "through its own
efforts and sources." California Bishop William
Swing convened the task force after an initial
meeting prior to the House of Bishops meeting last
October, and that diocese will establish an account
for the seed money and any future income.
The resolution's explanation notes that "a few
parishioners and clergy have expressed an intention
to leave...and affiliate with other Anglican
bishops," and "in violation of Canon Law...in some
cases seek to take with them to their new
affiliation the real and personal property belonging
to The Episcopal Church." Such actions fail to
protect and "make certain that this property is
available to those who presently and in the future
wish to worship in an Episcopal Church."
The explanation also notes that there may be
times when recourse to the judicial system may not
be best, and so the task force wants to examine
mediation as a way to resolve disputes.
Sauls said that the task force will ask the House
of Bishops meeting next week at Kanuga to make it a
committee of the house. The council resolution calls
for the group to report regularly to the council on
its work.
The council also heard from Bishop Michael Ingham
of the Anglican Church of Canada's Diocese of New
Westminster, who praised them and the Episcopal
Church at large for living out what he called "the
six marks of an authentic church in the Anglican
tradition": to be at once catholic, evangelical,
liberal, prophetic, missionary and inclusive.
Its catholic nature, he said, is shown in its
being centered in the sacraments and the value
placed on living an ordered-but not narrow-life. "It
seems to me that what you want to preserve is a
spacious order," he said.
It is evangelical because it is rooted in the
Gospel, he said, and tries "to maintain the priority
of the Gospel before the priority of the church."
The church is liberal in the sense that it is
attentive to God's Spirit "from whatever direction"
the Spirit may be speaking, he said.
Ingham sees the Episcopal Church "working hard to
be a truth-telling church," and thus prophetic. It
is missionary, because it is not just concerned
about its own survival. "You know this is a Gospel
you simply can't keep to yourselves," he said.
And, he concluded, the church is "unique in the
Anglican Communion" for the inclusive diversity of
its leadership and for regularly inviting members of
other Anglican provinces to its meetings.
The Executive Council carries out programs and
policies adopted by the General Convention and
oversees the ministry and mission of the Church. The
council is comprised of 38 members, including
bishops, priests or deacons, and lay people, 20 of
whom are elected by General Convention and 18 by
provincial synods.