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PENNSYLVANIA: Standing Ctte. Retains Separate Counsel in Fight to Remove Bishop

PENNSYLVANIA: Standing Committee Retains Separate Counsel in Fight to Remove Bennison
Calls continue for Bennison's resignation

By David W. Virtue
www.virtueonline.org

PHILADELPHIA, PA (9/22/2006)--In a bizarre turn of events unparalleled in the history of the Diocese of Pennsylvania, the Standing Committee of the diocese has retained legal counsel in its fight to get rid of Pa. Bishop Charles E. Bennison, and has sought the services of Michael Rehill, the former chancellor of the Diocese of Newark who was counsel to Jack Spong, Walter Righter and more recently the Rev. Janet Kraft, in her successful lawsuit against the former Bishop of New York Richard Grein.

This action has come about after repeated unsuccessful requests by the Standing Committee urging Bennison to resign as bishop because of his inept running of the diocese and allegations that millions of dollars were spent on Camp Wapiti without approval of the diocese, while parishes close and diocesan staff is being laid off.

The Standing Committee took this action because they believe that the diocesan Chancellor should not represent both the Standing Committee and the Bishop in a disagreement. The Standing Committee's stand is an admission that the chancellor cannot represent both the bishop and Standing Committee in the event of disagreement.

The action of the Standing Committee also has the approval of Bishop Clayton Matthews, Executive Director, Office of Pastoral Development for The national Episcopal Church, who represents Presiding Bishop Frank Griswold. He stated that the Standing Committee is entitled to independent legal counsel. But the Standing Committee told Bishop Matthews there had been four years of disagreement with Bennison. The question must be asked then, why did the Standing Committee wait so long?

The Standing Committee had been pre-approved by the Diocesan Chancellor, Frank Helminski to receive the $2,500.00 to retain Rehill, but when they turned around and asked the diocese for the money, Bennison refused to issue the retainer check.

Diocesan Chancellor, Frank Helminski, Esq., in the presence of the Bishop and Rob Rogers, former Diocesan Treasurer and Interim Chief Financial Officer, gave his opinion on August 29, saying that The Standing Committee could engage an attorney, and that the retainer check for $2,500 should be sent to Rehill on behalf of the Standing Committee.

The Chancellor put the directive in writing to Rogers and at a special meeting of the Standing Committee, the Bishop however, refused to issue the check.

Helminski had earlier announced that he was resigning as Chancellor effective October 1st. According to a press release by the Standing Committee, Helminski cited "severe time conflicts between this position and his fulltime position." The last several months have been frantic and we thank Frank for his efforts, said the release.

Diocesan Canons however, state that the Chancellor is appointed by the bishop and confirmed by the Standing Committee. The question then is who would be acceptable to both Bennison and the Standing Committee? Canons state that the Chancellor represents both the bishop and Standing Committee. How can anyone deal with this conflict of interest?

Because the Standing Committee could not obtain the $2,500 check from the bishop, they are seeking financial support from individuals in the Diocese to cover the retainer. "We are asking for support so that we may secure appropriate and competent counsel as we seek to carry out the responsibilities of Standing Committee on behalf of the Diocese," said an announcement at their web log. http://diopastandingcommittee.org/

There is a good deal of irony that the Standing Committee's theology (or lack of it) which has defended Bennison's heretical utterances regarding Jack Spong and Walter Righter ("we are not doctrinal watchdogs") has elected to go after Bennison!

Bennison has been embroiled in a four-year legal battle with Fr. David L. Moyer, priest at the Church of the Good Shepherd in Rosemont after he was "inhibited" and then "deposed" as a priest of The Episcopal Church. Fr. Moyer's lawsuit charges Bennison with fraud, collusion and bad faith.

Undaunted by these lawsuits, Bennison recently announced that he would go after three orthodox priests in his diocese. In a letter to diocesan clergy and lay leaders he said he plans to canonically discipline the Rev. David Ousley formerly rector of St. James the Less and depose him by Feb. 2007 if the Anglo-Catholic priest doesn't recant. Action was taken against Ousley under Canon 10. Ousley reportedly will not contest the action. He has already lost his parish property.

In the same letter Bennison once again set his sights on Fr. Moyer (Church of the Good Shepherd) and Fr. Eddy Rix (All Saints', Wynnewood) and wants them out of their churches and take over their properties.

In a letter to the diocese he wrote: "As one of seven appointed to the House of Bishops' Property Dispute Task Force I know that the longer we wait now, the more difficult and expensive will be legal action to meet our responsibilities to hold in trust both properties. Later this month the Standing Committee, the Chancellor, and I will meet to discuss what next steps we should take. Our auditors have advised us that this year we have spent $15,000--$20,000 in legal fees versus the budget of $250,000 that has been funded through your Episcopate Assessments. With the unexpended legal fees the Committee on Finance and Property is establishing Legal Defense Reserve."

The attorney for Good Shepherd and Fr. Moyer stated: "Charles Bennison, his attorneys, and the standing committee know that the illegality and invalidity of the "deposition" of Fr. Moyer are the issues in two pending lawsuits by Fr. Moyer. Any attempt to move against the property of Good Shepherd will not only be vigorously defended - there may well be counterclaims and third party claims if any litigation is instituted. The Standing Committee has stated that Bennison concealed information from them in the Moyer matter, and cited these wrongful acts as one of the reasons for demanding Bennison's resignation. The Standing Committee should carefully consider the consequences of permitting Bennison to institute litigation against Good Shepherd."

Bennison has consistently resisted calls to resign, but the president of the Standing Committee, the Rev. William Wood, is insistent that Bennison must go. "The unanimous request for Bennison's retirement or resignation was based on a lack of trust in the bishop and that he was "economical" with the truth."

Another group calling themselves Concerned Episcopalians, a coalition of clergy and laity have also called for Bennison's resignation. They say he has deliberately misrepresented himself to the diocese, contradicting public statements in a letter about what would be on the agenda at a Special Convention held on March 25. They also blasted Bennison for a failed $40 million Capital Campaign requested by Bennison saying it raised more questions than it answered.

Even the diocese's Black Episcopal clergy say the bishop bears the burden of being labeled "racist" for his duplicitous handling of his Black priests. The most blatant act of Bennison's occurred when The Rev. "Mother" Lula Grace Smart, rector of Calvary Episcopal Church in Germantown, PA said Bennison was directly to blame for her husband's brain seizure when the revisionist bishop tried to merge her husband's parish St. Mary's, Chester, near Philadelphia and retire the priest of the predominantly black congregation, in order to cut diocesan costs. She threw Bennison out of her husband's hospital ward telling the visiting bishop that "the last thing he needs to hear is your voice and you are the reason he is here."

Bennison also faces serious financial problems in the diocese. He has let most of his 23-member staff go and has retained the services of three clergy whom he has made canons to help him run the diocese. He also says he needs an additional $100,000 from congregations to run the diocese, but he is unlikely to get it unless he raises mandatory assessment, which got rejected a year ago. In the meantime parishes continue to close with no let up in sight. The combined Average Sunday Attendance of the ten most recently closed parishes was 200! Bennison also announced that some 30 congregations are "in transition."

But the strongly revisionist bishop, says he "absolutely" will not accede to the request of his entire diocesan Standing Committee to resign. His budgets have been consistently rebuffed and the diocese is in serious debt with more than two-thirds of the diocese unable or unwilling to pay their diocesan assessment.

One group that remains loyal to Bennison is the Diocesan Council, but even here some are breaking ranks. A member of Concerned Episcopalians told VOL that a swing vote of three could see Bennison gone either before Diocesan Convention in November or soon after. His departure is only a matter of time, he said. Bennison has alienated theological conservatives in the diocese, and liberals who would support Bennison on theological issues as a "matter of trust" no long trust him on "fiscal" issues, nor the honesty of his words.

END

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