Letter to Bishop Todd Ousley

Some names and events have been redacted to keep the focus on the actions and the harmful affect it had on St. James. Some members in the Diocese have reported similar stories suggesting a need for a heartfelt and transparent conversation about these issues.

July 30, 2018

By Email: tousley@episcopalchurch.org

Bishop Todd Ousley

The Episcopal Church in the United States

815 Second Avenue

New York, New York 10017

RE: Presentment re Bishop Lawrence C. Provenzano

Dear Bishop Todd Ousley,

This presentment is made under Title IV of the Canons of The Episcopal Church (“TEC”). This action seeks appropriate sanctions against Lawrence C. Provenzano, the Bishop of the Episcopal Diocese of Long Island (“Diocese”) and remedies on behalf of St. James’ Episcopal Church (“St. James’”).

I submit this complaint to correct an injustice inflicted on the members and heritage of St. James’ in Elmhurst, Queens, NY.

I am a former warden of St. James’. In 2013, Fr. Peter Lai requested I transfer from St. Mary the Virgin Church in Times Square to St. James’. The three previous and current Rector/Priests-in-Charge have asked that I serve as warden or in leadership.[1]

From 2013-2016, the members of St. James’ with their new Priest-in-Charge revived a struggling church. The revival was so stunning that a neighboring Episcopal church asked for guidance and assistance. Under his successor from 2016 to the present, the church experienced a rapid and sudden decline across all areas of church life. The remarkable transformation was reversed. The actions by the Priest-in-Charge defied logic or explanation. Equally puzzling was the apathy of the Bishop to use the reconciliation process or take appropriate action.

In July 2018, I discovered the Bishop had concealed from St. James’ his initiative to establish a learning center for the international Anglican community at the church, the Lazarus Institute. This complaint will show the Bishop used deception and misrepresentation to pursue this project. In addition, the complaint will show the Bishop treated St. James’ and a sister church in Nassau County differently under a similar fact pattern resulting in disparate treatment and disparate impact for the St. James’ and its members. Also, the Bishop used the power structure he commands to disenfranchise members’ rights under the Canons and the laws of New York State from participating in the stewardship and governance of their church. He exceeded his authority when he seized control of the real and personal property of St. James’. He used tactics like those deployed by aggressive and disreputable land developers on the poor and minorities. He has encouraged the decline and created the conditions to declare the church unviable.

This complaint alleges:

The complainant and similar-situated persons of color at St. James’ have suffered both disparate impact and disparate treatment as a result of the respondent’s decision to declare St. James’ a mission church of the Diocese and subject to his direct control.
Respondent Bishop Provenzano exceeded his authority to declare St. James’ a mission church of the Diocese and transfer its real and personal property to the Trustees of the Estate Belonging to the Diocese of Long Island, (“Trustees of the Estate”).[2] [3] It is further alleged Bishop Provenzano used predatory practices to obtain control of the real and personal property to extend the Garden City campus, the Diocese’s administrative and spiritual seat, to establish a center of training and learning for the international Anglican community.[4]
Respondent Bishop Provenzano surreptitiously is converting St. James’ into a learning and training center for the international Anglican community. It is further alleged; the Bishop has and is intentionally weakening the lay leadership and the bonds between congregants and the church in order to declare the church unviable.
Respondent Bishop Provenzano intentionally and willfully disregarded the reconciliation process in TEC Canons to resolve deeply embedded systemic issues at St. James’ and detrimental actions taken by the church’s Priest-in-Charge. Those actions have severely harmed the temporal and spiritual health of St. James’.
Respondent Bishop Provenzano failed to act on a Title IV complaint filed against REDACTED, the Priest-in-Charge of St. James’, who it is alleged, has caused severe harm to the unity, spiritual well-being and viability of the church and its community.

Questions

The four critical questions this complaint seeks to address are (a) the role laity have doing God’s work and shaping the mission at St. James’; (b) the recourse laity have to address a failed ministry; (c) the protection persons of color and other disadvantaged groups have, under the national canons from harmful disparate impact and treatment of the Diocese; and (d) the obligations of the Bishop to comply with the New York State Religious Corporation Law and the TEC Canons in regards to St. James’ status as a lawfully incorporated religious corporation.

Context

This complaint arises from the Bishop’s failure to act on a Petition to Reconcile and a Title IV complaint against the Priest-in-Charge at St. James’. The complainant believes he met the requirements in Canons III.9.13 and IV.3.3 for the Bishop to mediate or adjudicate the issues in the petition and complaint.

The complainant’s communication with the Bishop has emphasized reconciliation. In addition, the complainant in his local Title IV complaint avoided raising some of the more contentious issues found in this complaint in the interest of reconciliation.

The complainant believed if the bishop had called a meeting with interested parties, a gracious and positive resolution could have been found. Specifically, discussions to restore a harmonious relationship between the priest-in-charge and lay leadership; (b) strengthening and supporting the church leadership and governance; (c) setting milestones to restore St. James’ status as a parish[5].

Historical Background

“St. James Church was founded in 1704 and officially chartered in 1761 by King George III. It was the first parish in Elmhurst, called Newtown in colonial times. One of the church's earliest rectors, the Rev. Dr. Samuel Seabury Jr., was the first American-born bishop ordained in this country.”[6] He later became the 2nd Presiding Bishop of the Episcopal Church. The Old St. James’ building is the 2nd oldest religious building in New York City. The church was built in 1735-1736 and extensively repaired and expanded several times in the 18th and 19th centuries. The building still stands in its original location.

The National Register of Historic Places listed Old St. James’ in 1999. The NYC Landmarks Preservation Commission voted unanimously in 2018 to award the building landmark protection status.

After the American Revolution, St. James’ received its incorporation charter by special act of the New York State Legislature in 1793 (see Appendix A).[7]

In 2004, a portion of the congregation took control of St. James’ real and personal property. The group severed its relationship with TEC and the Diocese. The Diocese prevailed in litigation against the breakaway group in 2008. Most of the current congregation have no ties to the breakaway group. In fact, a majority of the congregation joined the church after 2013. [8]

(Where the group in 2004 fought to break away, this complaint advocates for St. James’ to become full members in the TEC community).

From 2008 to 2013, St. James’ resumed its position as an active Parish in the Diocese participating in Diocesan Conventions and tithing to the Diocese’s Mission.

In 2013, Bishop Provenzano and Fr. John Betit[9], Canon of the Ordinary, visited St. James’ to notify the Vestry that the Rector exhausted the church’s $450,000 trust fund and the church was operating on limited funds.[10] A portion of the funds went to cover an abnormally high salary and benefits package for the Rector. The news took the vestry by surprise. The Rector had concealed the financial records from the Vestry.[11] [12] The Vestry later learned the Rector had personal issues. The Diocese transferred the Rector to a troubled and failing church in Nassau County.

In addition to the financial disclosure, Bishop Provenzano and Canon John declared the church a mission church and retroactively declared it had been since 2004.

In or about 2013, Bishop Provenzano appointed Fr. Fred Vergara, Missioner for Asiamerica Ministries in the Episcopal Church, as part-time Priest-in-Charge. In or about 2014, Bishop Provenzano transferred REDACTED from St. Paul’s in College Point, Queens, to St. James’ to serve as an associate priest. The Diocese deconsecrated St. Paul’s in or about 2015 and sold the property in 2017 for a reported $2.2 million.[13] REDACTED arrived with a mission to start a Chinese congregation and receive mentoring from Fr. Fred. REDACTED was ordained in June 2011.

During the bishopric visit, Bishop Provenzano and Canon John promised a portion of the proceeds would go to St. James’ to compensate for the loss of the trust fund. Upon information and belief, the church has not received any funds from the sale.

Fr. Fred had exceptional gifts to lead a weakened church. Fr. Fred and the lay leaders turned the church around. Within 2 years, church attendance jumped from 5-10 to a remarkable 70-90. For the first time in years, children filled and played in the parish hall. Sunday school grew from zero to 15 children. Fellowship expanded. Church members cleaned the cemetery. Silent members took an active role in the church. The AA group volunteered to paint the 4,200 sq. ft. parish hall. The church built a high technology classroom, renovated the kitchen and other rooms. Members volunteered to beautify the church. Ministries and community outreach blossomed.

In addition, the leadership started a dialog with other churches to organize a block party and baking competition. A small team met with real estate developers and the diocesan appointed architect to develop a long-term development strategy. In addition, the wardens negotiated a new lease with the Queens Public Library increasing revenue by over 30%. The church was on the cusp of signing 2 rental agreements for $10,500. One was with an adult daycare agency. St. James’ would have retained considerable access to the hall off hours, weekends, and use of the daycare equipment. This agreement would have allowed St. James’ to expand its own ministry. The agreement included sharing cost of installing a high-quality projection and sound system, installing air conditioning, and building new bathrooms. In addition, discussions were underway for a strategic partnership with a major non-profit community service organization. It could have provided vital services to the poor, elderly, and immigrant communities in Elmhurst. It would have provided specialized training to help the church build its ministries.

In 2016, Fr. Fred was transferred to a troubled and failing church in Nassau County. Bishop Provenzano appointed REDACTED as the new Priest-in-Charge.

In 2016, after 2 years of mentoring under Fr Fred, the Bishop contracted Fr. Brian Blair, former Rector of Grace Episcopal Church in Whitestone, Queens to mentor REDACTED. In or about 2017, the Bishop hired Matthew Paul Buccheri to mentor REDACTED. Mr. Bucheri is a candidate for Holy Orders in the Diocese of New York and according to his website is a consultant, coach, and speaker.[14]

Shortly after REDACTED appointment, he disbanded ministries and Sunday school. Membership collapsed with generational families abandoning church life completely and some members moving to other denominations. He eliminated worship services, canceled elections, dismissed Christ/ministry focused lay leaders, abandoned the strategic partnerships, and appointed a non-Episcopalian from a neighboring church to lay leadership. He tabled the development project that would have provided new community space in a densely populated neighborhood and resources for church ministry. He failed to report a physical altercation between REDACTED and a church employee/member. He required the choir to perform from the balcony knowing some had difficulty walking. He recently without warning or discussion disbanded the choir. He told choir members some of whom have served for more than 10 years there are neighboring parishes with choirs.

In January 2017, the complainant filed a reconciliation petition with the Bishop to address the issues at St. James’ (See Appendix B). From January 2017 to March 2017, the diocese showed a lack of interest in pursuing reconciliation. In March 2017, the complainant felt compelled to file a Title IV complaint petitioning the removal of REDACTED as Priest-in-Charge.

In July 2018, after 487 days from the time of filing the Bishop emailed:

“… your Title IV allegation was judged inappropriate for consideration under Title IV and amounted to a typical disagreement between a parishioner and priest. Your continues [sic] reference to it is further inappropriate.”[15]

Sanctions and Remedies Sought

Sanctions:

The complainant seeks appropriate sanctions determined by the disciplinary board.

Remedies for St. James’:

Recognition for St. James’ Episcopal Church as a lawfully incorporated religious corporation under the laws of New York State and TEC and Diocesan Canons with all the rights, privileges, and responsibilities including but not limited to the right to elect its own Vestry and call for a new Rector. In addition, act as “…agents and legal representatives of the Parish in all matters concerning its corporate property and the relations of the Parish to its Clergy.”[16] Further, a 2-year grant to defray the cost of operating the building and grounds to compensate for the loss of income from leases the current Priest-in-Charge let go and for the mismanagement of a trust fund by a former Rector.
An injunction against the placement of the Lazarus Institute at St. James’ Episcopal Church.

Upon information and belief, I understand that the contents of this submission are true and accurate. A copy of this complaint was mailed to the Bishop’s office on July 30, 2018, by USPS Priority Mail.

NOTES

[1] Fr. Peter Lai, Fr. Fred Vergara, and REDACTED

[2] This complaint does not challenge the trust relationship between St. James’ and TEC and the Diocese. New York State Religious Corporation Law §42-A obliges local Episcopal Protestant churches to the trust relationship. Local Episcopal churches are “…subject always to the trust in which all real and personal property is held for the Protestant Episcopal Church and the Diocese thereof in which the parish…is located.”

[3] The Trustees of the Estate is a corporation controlled by the Bishop and the Diocesan Convention.

[4] thelazarusinstitute.org.

[5] This complaint asserts St. James’ held on to its status as a Parish and the Bishop exceeded his authority by converting the church to a mission and transferring the real and personal property to the Trustees of the Estate.

[6] Stern, Nicholas (2004, July 25). From a Crumbling Present, a Parish's Past Is Reborn. The New York Times. Retrieved from www.nytimes.com.

[7] “An Act to alter the Stile (sic) of the respective Religious Corporations therein,” the New York State Legislature enacted Chapter 60 of the Laws of New York, 12 March 1793, page 46. Republished by the Secretary of State, Pursuant to Chapter Three Hundred and forty-One of the Laws of the Eighteen Hundred and Eighty-Five Volume III. Albany, 1887. Digitized by Google: play.google.com.

[8] A majority left after 2016.

[9] Fr. John Betit resigned in 2016 accepting an appointment by Bishop Ian T. Douglas as Priest-in-Charge of Christ and Holy Trinity Church in Westport, Connecticut, effective January 1, 2017. "Canon John Betit accepts call to Connecticut parish". Retrieved from www.dioceseli.org.

[10] A thorough examination of the financial records show all funds were spent on legitimate church expenses.

[11] Former vestry member, Michael Tang, petitioned the diocese for the financial records.

[12] Other parishes in the Diocese have experienced Rectors and Priests-in-Charge withholding financial records or spending funds without authorization. The complainant knows of one parish who recently filed a Title IV complaint against their Rector for spending funds and closing investment accounts without vestry approval. The Diocese dismissed the complaint.

[13] https://www.realdirect.com/e/13-21.COLLEGE-POINT-BOULEVARD.11356

[14] http://matthewpaulbuccheri.com/index.html

[15] Email exchange between Bishop and complainant on 7/14/18. See Appendix C.

[16] TEC Canon 1.14.2.

Letter to Bishop

Claim 1: Discrimination

Claim 2: Illegal Seizure

Claim 3: Conspiracy to Weaken Church

Claim 4: Disregarded Conciliation

Claim 5: Disregard Complaint