May 7, 2008
 

From The Rt. Rev. John W. Howe, Bishop of the Diocese of Central Florida

Dear Brothers and Sisters,

I am pleased to post here a copy of a letter sent today to the members of Trinity Episcopal Church, Vero Beach.

This settlement was unanimously agreed to by the present vestry of Trinity, the "Board" (vestry-in-waiting) of the continuing congregation, and the Executive Committee of the Diocesan Board. This finalizes the last settlement of all nine congregations whose clergy came to see me back in October, declaring their desire to "disaffiliate" from The Episcopal Church.

I am enormously grateful that we have been able to negotiate these settlements without inhibitions, depositions, litigation, or the transfer of property. Thanks to all of you for your prayers across these past six months.

I am also very pleased to announce that the "Board" extended a call to the Rev. G. Richard Lobs, retired Dean of the Cathedral Church of St. Luke, to become Interim Rector of Trinity as of July 1, and Rick has accepted that call.

 

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The Letter:
 

We are very pleased to inform you that all parties concerned have agreed to the settlement that was worked out on April 22, the details of which are enclosed and we are very grateful for your prayers.

-- Agreement signed by

Warren Winchester, representing those staying
The Rev. D. Lorne Coyle, representing those departing
The Rt. Rev. John W. Howe, Bishop of Central Florida

 

Mediation Settlement Agreement April 22, 2008

 

On April 22, 2008, representatives of the two contingents at Trinity Episcopal Church met all day with Mediator John Upchurch, and came to the following agreement:

1. Those among the congregation who desire to disaffiliate from The Episcopal Church (Leavers) will leave the historic Trinity property by 7/1/08.

2. Those remaining (Stayers) shall cause the sum of $700,000 to be paid to the Leavers with $200,000 being paid in cash upon departure and the remainder being paid in $50,000 monthly installments. All payments under this paragraph are hereby guaranteed by the Diocese.

3. The parties agree that they will not initiate any contact with any parishioner who to date has not indicated whether he or she wishes to remain with Trinity or disaffiliate therefrom for the purpose of soliciting them to stay or leave.

4. The parties shall issue no media releases concerning the disaffiliation except what counsel for the Leavers and Stayers agree upon.

5. The Stayers shall not initiate contact of any kind with current Trinity employees, other than those who manifest their intent in writing to remain employed by Trinity after the Leavers leave. A meeting, to be presided over by counsel for Leavers and Stayers, will be scheduled as soon as practicable for the parties to address the staff and answer questions regarding employment.

6. Stayers will not interfere with the ministries and operations of Trinity prior to departure of Leavers.

7. Leavers shall have sole operational authority without interference until the point of departure. The Rector will work in good faith to arrange training and transition for employees of Stayers pending departure.

8. The Bishop or his designee (other than a person affiliated with the Leavers or the Stayers) may conduct any financial review as the Diocese might require to assure the integrity of the assets and accounts of Trinity Church.

9. The Leavers may take the Bell Carillon with them at their own cost for the removal and delivery, subject to the approval of the donor(s).

10. Should Stayers or their successors desire to sell, transfer, lease, or otherwise convey interest in the historic Trinity property, Leavers shall have the right of first offer. Leavers shall have 30 days to accept such offer. If not accepted, Stayers shall have the right to offer the property on the same terms for up to 6 months. If the Stayers desire to modify the terms, the right of first offer commences again. This term shall terminate 10 years from the date of this agreement.

11. Worship services and other ministries shall continue on the historic Trinity property as currently performed through date of departure.

12. Parties agree to waive any rights to any and all lawsuits against any and all parties, except for those concerning enforcement of this agreement.

13. The parties agree that this agreement, to be enforceable, must be ratified by the following entities: 1. Executive Committee of the Diocese; 2. Trinity Vestry; 3. Stayers representative board.

14. By stipulation, any execution or approval of this agreement shall not be considered an act of disaffiliation or otherwise actionable in secular or ecclesiastical court. The Bishop agrees to support approval of this agreement and to make best efforts to facilitate execution by all parties. Each party affirms that it has full authority to enter into this agreement and that no other approvals, other than those referenced herein, are necessary.

15. Prior to the approvals set forth in paragraph 13 above, the parties may share the details of this agreement and the discussions leading up to same only with those members of their respective groups with a need to know, such as the Vestry or Stayers Representative Board and so long as those to whom it is disclosed sign a confidentiality agreement binding them to terms the same as which applied to those attending the mediation. The language is as set forth in the Participant Mediation Agreement and Attendance Roster attached hereto. The terms of this agreement may be disclosed publicly after all necessary approvals have been secured.

16. The parties agree that, if for some unforeseen reason they in good faith cannot meet the strict terms of this agreement, they will work in good faith to accomplish the intention of the parties by mutual agreement.

-- end --