Tuesday, May 26, 2009

Financial probe baffles rector of local church ...

Next! From here.

Good Shepherd notified of diocesan investigation

BINGHAMTON, NY - The rector of an Anglican church is "surprised and baffled" by a judge's decision that a regional diocese investigate whether a local parish mishandled money after it withdrew from the Episcopal denomination.

"The judge's statement is absolutely not true," said the Rev. Matthew Kennedy, pastor of Church of the Good Shepherd in Binghamton. "We have nothing to hide. I want to answer their questions."

Supreme Court Judge Ferris D. Lebous, who earlier this year ruled the central New York diocese was entitled to Good Shepherd's property, said diocesan allegations the parish misused an endowment should be investigated.

Lebous said the diocese has "every right" to investigate and directed Kennedy and the church's treasurer to appear for deposition.

Kennedy said the diocese advised him of its intent to investigate.

A diocesan official in Syracuse refused to comment in reply to a reporter's question for specific information.

Instead, the Rev. Karen C. Lewis wrote in an e-mail, "I'm not sure if we want to do anything with this inquiry - this guy (reporter) is not known for his accurate and fair reporting."

Neither Lewis nor Bishop Gladstone Adams replied to a subsequent e-mail requesting specific information about the Press & Sun-Bulletin's reporting.

This isn't the first time the diocese has accused a local rector of financial misconduct.

In July 2007, an Episcopal court cleared the Rev. David G. Bollinger of all charges related to diocesan allegations while he was rector of St. Paul's in Owego.

Bollinger, who is retired, claimed the investigation was retaliation for telling the diocese about a former rector's sexual misconduct with a teenager in the 1970s.

After a five-month investigation, the former rector, Ralph E. Johnson, then 79, voluntarily renounced his credentials in May 2006, without admitting guilt.

The Church of the Good Shepherd withdrew from the Episcopal church in November 2007 in a dispute over the ordination of a homosexual as bishop and differences in scriptural interpretation.

The congregation, which aligned itself with the Anglican Church of Kenya, vacated a building on Conklin Avenue and has settled into the former St. Andrew Catholic Church, also on Conklin Avenue.
Does one see a pattern forming from authorities of The Episcopal Church? Is it all just a coincidence?

WED. UPDATE: Matt has sent us an update of the follow-up letter he sent to his parish:
Dear Good Shepherd,

The last part of the lawsuit filed by Diocese of Central New York against us has been decided and the judge has ruled that the Branan bequest now belongs to Christ Church and the Diocese of Central New York. This is not great news but it is not terrible news either. We were not counting on victory after the first ruling in this case and we have already learned that no matter what the outcome in the courts, the Lord loves us and will protect and provide for our needs.

We are, moreover, so very thankful that we live in a nation governed by the rule of law where our defense was heard by an impartial and objective judge and the Diocese of Central New York could not simply seize our buildings and assets by fiat as it would have liked. How wonderful it has been, despite the negative outcome, to have our day in court.

It is important, I think, also to be grateful for Judge Lebous who has sought nothing more than to make a just decision based on his understanding of the facts and his wide knowledge of the law. Sometimes judges and courts do make mistakes, as this one has, but we must always respect and obey the legal decisions of those God has set in positions of authority over us.

If you take the time to read the decision, and I encourage you to do so, you will find that there are a number of rather curious suggestions and I think it is important to address a few of them.

I did not know Mr. Branan but a number of our senior parishioners knew him very well and remember him to have been both very conservative and very loyal to Good Shepherd but not necessarily to the Episcopal Church. In fact, one woman remembers very clearly that he gave the bequest in order to ensure that the congregation never experienced financial difficulty. Another woman who was a very close friend of Mr. Branan recently sent a letter explaining that Mr. Branan wouldn't have wanted a dime to go to the Episcopal Church given the denomination's recent departure from orthodox Christianity. Since Mr. Branan never once mentioned the Diocese of Central New York in his bequest, it is difficult to understand how Judge Lebous could come to the conclusion that Mr. Branan would have wanted his money given to the institution that has sought the destruction of the church he loved?

Be all that as it may, given our earlier defeat in court, we were not expecting to keep the bequest. We have not counted it in our present budget.

Stranger to me than the idea that Mr. Branan was a person loyal to a larger and heretical denomination and not to his local parish was the language used by Judge Libous to describe our conduct. During the hearing, the lawyer for the Diocese of Central New York noted that Good Shepherd received very little in pledges and offerings during 2008 and accused the vestry of “diverting” income. Judge Lebous re-articulates that accusation in the judgment, finds it “disturbing”, and writes that it is appropriate for the diocese to “investigate”.

The reason for the low income, as is fairly obvious, is that after the lawsuit was filed by the Diocese of Central New York claiming possession of all of our property and money, the vast majority of parishioners made personal decisions not to give any money to the church knowing that any money given stood the chance of being seized by the diocese—as it subsequently has been.

And, of course, the vestry did not “divert” money away from Good Shepherd or spend it on anything other than the regular upkeep of the ministries of Good Shepherd—bills, maintenance, salaries, etc. We are more than willing to cooperate fully with any kind of investigation the court thinks necessary.

Finally, Judge Libous mentions items taken from the building. Most of you remember the confusion and frustration in the aftermath of the first court decision when we learned that the building and home we loved was going to be seized. We moved out of the old building mere days after receiving a letter from the Diocese of Central New York asking us to pay rent of over $2500.00 per month. There were a lot of heartbroken and confused people especially with regard to items donated to the church in memory of deceased relatives. Despite the explanations, it was difficult for people to understand that even though a given item may have been purchased with money personally donated for the memory of a deceased relative, donations given to the church belonged, subsequent to the judgment, to the diocese. No one intentionally took anything that belongs to the diocese and the items we have located that were mistakenly taken have been returned.

I've said this before, but let me say again, how proud I am to be your pastor. Jesus said that no servant is above his master and that the world would treat his followers just as it treated him (Matt 10:17-25). We have felt and are feeling the truth of those words. You have stood courageously in the face of lies and persecution and you have accepted the confiscation of your property knowing that you yourselves have a better possession and a lasting one. I am so very amazed at the graciousness and generosity with which you have responded and, indeed, the charity and forgiveness revealed in both word and deed toward the Diocese of Central New York.

God has abundantly blessed us over the last few months. Trust him. He is for us and not against us. I believe that God's loving kindness, gentle protection, and provision will carry us through these trials and for that reason we must continue to be faithful witnesses of Jesus Christ, forgiving and loving those who would hurt us and doing everything in our power to be at peace with all people.

May God bless and keep you.

In Christ,

Matt Kennedy
In addition, Matt writes:
There is only one quibble with Mr. Moyer's excellent article linked above. He quotes me as saying the following:

"The judge's statement is absolutely not true," said the Rev. Matthew Kennedy..."

When Mr. Moyer called I said that the allegations were "absolutely untrue" but I was referring to the diocese's allegations...not the judge's. I don't think Judge Lebous made any allegations


The Rev Canon Dr David Wilson said...

Sure do!

You can check out anytime but you can never leave!

Arrow Prayers as I type for you Matt, Anne and family, and the good people of your flock

TLF+ said...

TEC leadership types are fond of psychologizing things (e.g. all who disagree with them are somehow neurotic).

They need to look up enmeshment , among other dysfunctions. And then look in a mirror.

This does form an interesting parallel to the Armstrong case in CO. I don't know if there is a central strategy but one can't help but imagine these church-shrinking bishops, sitting around at some all-expense paid confab, sipping sherry and comparing notes about "reconciliation in our unique polity."

Dale Matson said...

"You can check out any time but you can never leave" TEC
Hotel California to my mind is one of the best Rock songs ever written. We saw the Eagles perform here in Fresno in the Save Mart Center a couple of years ago and they are better than ever. Each band member is a musician. I don't know of another band except maybe Genesis with this kind of talent.

Anonymous said...

Of course, once the decision to leave is made, there has to be a complete break with the finances that existed up to that decision. Whether that happened here, I don't know, but I can certainly understand that those who did not decide to leave would have concerns that pre-split monies were somehow being use by departers if care was not taken to wall off the pre and post-split finances of the departing and remaining elements.

NoVA Scout.

Matt Kennedy said...

Hello friends, here is the letter I sent to parishioners that should help:


Anonymous said...

Hopefully, the congregation was careful to draw a sharp line for pre and post split finances.

However, the pattern is clear: KJS will set out to financially ruin any that dare oppose her rogue regime.

Justice is available to those who can afford to defend themselves.


Anonymous said...

I think, to use the Eagles example, the lesson is that you can check out, but you can't take towels, ashtrays, hangers, or, for that matter, the whole motel with you.



Unknown said...

Scout, nice name. Great film. Some things just don't change, do they?

Let's see - who are the rich and the powerful? Who has a Penthouse in Manhattan? Don't think it's Matt and Anne Kennedy and the kids. What do you think?


Daniel Weir said...

"The Church of the Good Shepherd withdrew from the Episcopal church in November 2007 in a dispute over the ordination of a homosexual as bishop and differences in scriptural interpretation."

It is this assertion that has been challenged successfully in the courts in New York State. Whatever may be true in other states, it is fairly well settled that Episcopal parishes do not have the right to withdraw from the Episcopal Church. Members my leave, but parishes in New York may not.

Andy said...

My prayers too are lifted up for +Matt and +Anne

Anonymous said...

BB - Scout was a brilliant character. I resemble her very little, but appreciate your making a link. My name comes from one of my distant past jobs.

Re your comment about the relative net worth of Fr. Kennedy and the National Episcopal Church, I suppose there is a big difference. But I'm not sure why that has any bearing on this situation. I'm sure Bill Gates has much more wealth than TEC, as does the Sultan of Brunei.

My understanding is that Matt left the church for reasons of conviction and preference. When one leaves, one leaves. I'm sure his new alignments provide him with compensation and emoluments very much on a par with what he received at Good Sheperd. It is unreasonable to expect the Church he left to continue to support him. I have a very high regard for the man and wish him no ill. He will do fine in his new position. But I would assume that even he does not expect charity from the Church he left and that he has the energy and leadership necessary to face the logical implication of his decision to leave. He and those who joined him will build a new church that will no doubt thrive without the taint of having tried to take things with them that should remain with those who chose not to leave the Episcopal Church.


Anonymous said...

It is such a blessing to know that you have the courage to stand in your faith. You are "fighting the good fight" with our Lord's blessing. We will keep you and your family in our prayers.
Ken and Paula in Tex.