October 7, 2014

APPEAL TO THE DISCIPLINARY BOARD OF THE EPISCOPAL CHURCH

Complainants hereby appeal to the Disciplinary Board to reverse the Intake Officer's Report dated July 17, 2014, dismissing the Information filed by the American Anglican Fellowship, Inc., (hereinafter 'AAF') on December 19, 2013.

The Intake Officer first rules that a corporation has no standing to participate in the Title IV proceedings. Neither the Constitution or the Canons of the Episcopal Church prohibits a corporation from making a complaint regarding an Episcopal Cleric. There can be no argument that AAF corporate officers are not "persons" or a “group” as specified in Canon IV.2

The Intake Officer does not have the canonical authority to render a finding of fact and conclusion of law of the information provided. Canons IV.6.5 & 6.7 only provide that the Intake Officer may make a preliminary investigation and determination whether or not the charges, IF TRUE (emphasis supplied), constitute a violation of TEC's Constitution and/or Canons - nothing more.

It appears much of the information was dismissed on the grounds that it is not first-hand facts but third party information or hearsay. Canon IV.13.6 (b) (5) specifically provides in pertinent part that evidence may not be excluded solely because it is hearsay.

I. The First Claim concerning the Presiding Bishop’s intervention in diocesan negotiations and initiation of more than 80 lawsuits is dismissed upon a finding of fact and a conclusion of law that the Intake Officer has no canonical authority to render (Canon IV.6.5 & 6.7).

II. The second claim of the Presiding Bishop’s misuse of the Abandonment of Communion canons by charging numerous bishops, priests, and deacons with Abandonment for transferring to another Church in the Anglican Communion is unanswered.

III. The third allegation of the Presiding Bishop abusing the Renunciation canons by claiming “implied renunciation” of numerous bishops, priests, and deacons when written renunciation is required is dismissed by making a finding of fact (acceptance by TEC of certain actions regarding Bishop Henry Scriven, (correctly stated in the complaint as being ordained and consecrated in the Church of England by the Archbishop of Canterbury) that the Intake Officer has no canonical authority to render.

IV. The fourth claim of the Presiding Bishop unconstitutionally assuming power to remove members and dissolve a lawfully existing Standing Committee is dismissed upon a finding of fact and a conclusion of law that the Intake Officer simply has no canonical authority to render. That function is reserved to other tribunals.

V. The fifth claim of the Presiding Bishop harassing Clergy and abusing disciplinary procedures was apparently dismissed on the grounds that it is based on hearsay evidence. Canon IV.13.6 (b) (5) specifically provides in pertinent part that evidence may not be excluded solely because it is hearsay. Again, the Intake Officer has no canonical authority to judge the worthiness of evidence - that is a function for higher tribunals.

VI. The sixth claim that a bishop of South Carolina had abandoned communion with TEC and (2) established a replacement bishop and diocesan machinery to operate the diocese, is dismissed on the grounds that the Presiding Bishop followed previous procedures in dealing with the Bishop of South Carolina. Once again the Intake Officer had made a finding of fact and a conclusion of law that he has no canonical authority to render.

CONCLUSION

"The Church and each Diocese shall support their members in their life in Christ and seek to resolve conflicts by promoting healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among all involved or affected." Canon IV.1

The AAF took these words very seriously in the filing of our information. AAF provided information not to persecute or defame anyone but to initiate a possible resolve of conflicts that have forever changed lives and destroyed relationships in our church. There are so many persons, clerical and laity who have been damaged by these actions it is difficult to fathom.

For the above reasons we request that the Intake Officer's Report be reversed and overruled and that the matter be referred to the Reference Committee for further proceedings.

Respectfully submitted,

The American Anglican Fellowship, Inc.

By its Trustees:

Bradley R. HuttRufus W. Peckham, Jr.Nancy W. VirtsEmily C. VolzRobert S. EnglandJames E. T. Brown