All actions taken by the Diocese of San Joaquin were authorized by its governing bodies, namely, its Standing Committee and its Diocesan Council, along with Bishop Schofield. These actions were done in complete compliance with California law and were done to secure the property until a California court can rule on the issue of ownership. One of these actions was to retitle accounts held at Merrill Lynch; assets were not moved from Merrill Lynch. The property in question is owned by the Diocese and its parishes and not the Episcopal Church. The Diocese expects a favorable ruling by the California court on the issues of property ownership.
The Diocese of San Joaquin is a California unincorporated association that is governed by the California Corporations Code and its own internal Constitution and Canons (akin to bylaws). The Diocese is a corporate person; a legal entity recognized by the civil courts. In California, an unincorporated association is governed by majority vote of its members. There is nothing in the governing documents of the Episcopal Church which forbade or limited the right of the Diocese of San Joaquin from withdrawing and taking its property with it.
What Father McCalister says is true.
AKA “Good try … nice spin!”
Let’s see what the court decides!
PS — Last time I checked, the legality of the Diocese of the Southern Cone absorbing the Diocese of San Joaquin was also in question.
Elves: Tried to print this article, but it ‘blanks’. Possible to reformat the content somehow so it can be printed? Thanks.
http://sanjoaquinsoundings.blogspot.com/2008/06/anglican-diocese-of-san-joaquin-has.html
Susan Russell, why don’t you ask Archbishop Venables himself, if you think our transfer to his province is still in question? As for your comment about the Anglican Diocese of San Joaquin…..OUR diocese, you’re right: The Court……and ONLY the court…..will decide……and that decision may be a long time coming! How long are you willing to wait?
And if I were you, I wouldn’t count on TEC’s money and influence to make a difference.
#3, Are you trying to print the T19 entry or the original post which Kendall has linked? We have no control over the original entry.
We seem to be able to print both the T19 entry and the original entry. You can always copy and paste the original text into a Word Processor.
–elfgirl
So if a diocese plans to leave should it make sure that all the parishes (and their delagates) know about the risks of having their money tied up? Or is this too much disclosure?
[i] Personal comment about another commenter deleted by elf. [/i]
Oh, BTW….I don’t think that the court is going to try and get involved in the business of the Southen Cone Province. And if it were to come up….it was an ” Emergency Temporary Solution”! If TEC had not defied all the Primates in the WWAC and torn the fabric of it and violated it’s own canons & constitutions well….maybe we wouldn’t be in this mess that TEC has created! Would we?
I remind those who criticize us for going to the Province of the Southern Cone that we were offered refuge, on a temporary basis, by Archbishop Venables and the House of Bishops, in a similar arrangement used by Franklin Roosevelt in World War 2. Roosevelt said “when your neighbor’s house is on fire, you lend him your hose.” Well, ++Venables has loaned us his hose! And we’ll be there for as long as necessary…..but no longer. And we’re keeping our property.
My apologies to the elves. I must remember my place in cyberspace.
One may hope that laws in California rest on surer footing than canons about marriage, eh? or is it just a revisionist reading of laws that is desired? I fear the courts in CA are not the lackeys of the PB and her revisionist Chancellor and lip-synching HOB.
#2:
[blockquote] Last time I checked, the legality of the Diocese of the Southern Cone absorbing the Diocese of San Joaquin was also in question. [/blockquote] Susan, as much as you would like the Southern Cone to go away (or at least diminish), I must sadly report to you that the Southern Cone is a Province, not a Diocese.
[size=1][color=red][url=http://resurrectioncommunitypersonal.blogspot.com/]The Rabbit[/url][/color][color=gray].[/color][/size]
And we have a very influential archbishop…..in case you haven’t heard!
Oh, and by the way: The Constitution and Canons of the Anglican Church in the Province of the Southern Cone of the Americas has been amended recently to reflect the inclusion of the Anglican Diocese of San Joaquin on a temporary amd pastoral basis until such time as a new Anglican province in the United States is organized and functioning.
Just thought you’d like to know.