Accokeek Seeks Tally of Dixon Lawsuit Costs
Robert Stowe England |
6 December 2001
ACCOKEEK, Maryland -- The vestry of St. John's parish Christ Church last night voted overwhelmingly to ask Acting Bishop Jane Dixon and the diocese to provide within two weeks a full accounting of funds spent on the lawsuit brought by Jane Dixon as an individual against the vestry.
Dixon, despites protest by diocesan chancellor JoAnn MacBeth that the parish lacked the legal standing to require such information, agreed to provide information on costs that had already been collected for the Standing Committee and the Diocesan Council.
The motion calling for an accounting of the diocese's spending was made by vestry member Wes Courtney, who said that he decided to look into the matter after diocesan chancellor JoAnn MacBeth last week warned the vestry to be careful how they went about paying relief to ousted rector Fr. Samuel Edwards because it might be considered a gift by the Internal Revenue Service.
MacBeth had also suggested that the vestry might call into question its non-profit status with the IRS for spending too much money on Fr. Edwards and might raise questions about whether or not it was properly exercising its fiduciary duty.
The lawsuit brought against the parish was brought by "Jane Dixon, Individual," according to court papers. It was not filed on behalf of the diocese, yet the diocese has reported it had paid $440,000 in pursuing the lawsuit as of September.
Before making his motion, Courtney asked Dixon, "Is there any kind of agreement between Jane Dixon and the diocese on this lawsuit?" He stated further: "I have a major problem with Jane Dixon, an independent, suing this church, and then getting funds from the diocese to take care of the lawsuit."
Courtney pointed out that the 94 congregations of the diocese have to pay Dixon's bill for legal services for suing Christ Church.
"It doesn't make any sense to me how you independently sue somebody and than the diocese comes in and pays for it." Courtney added, "There's no way in this world that if I independently sued somebody that my company's going to bail me out." Similarly, he doesn't understand how the diocese could pay Dixon's bills without any agreement. "Is there some agreement between you and the diocese we can see?" he asked.
Dixon turned to MacBeth and asked if she could answer Courtney's question. MacBeth responded, "No, I don't consider that an appropriate subject" for the vestry.
It was at this point that Courtney introduced his motion for Bishop Dixon "to provide to this vestry a full accounting of the money spent or to be spent by the diocese for her lawsuit against the vestry of Christ Church Accokeek."
"We ask you to get this accounting, please, and I'm saying this in the nicest way, to get this to the vestry no later than two weeks," Courtney said.
MacBeth then told Courtney and the vestry that providing the information to the parish "is not within the fiduciary obligation of this diocese." She added that the diocese's fiduciary obligation was first to the diocesan convention and then to the Diocesan Council and Standing Committee. "They are the ones that have the authority" to make such a request, she added.
Junior Warden Frank McDonough, Sr., then asked MacBeth, "Are you saying then that none of the 94 parishes have any legal means of finding out what is what those committees are doing?"
MacBeth replied, "I'm saying that a report is made through the bodies of the diocese. That's how the information is made available."
Vestry member Frank McDonough, Jr., then told MacBeth that "every parish should have the right to see how the diocese is spending its money."
MacBeth said that the information on how much has been spent was made available at the regional assemblies held in October.
Courtney responded, "If it has been [made available], then in two weeks give us all the information."
Dixon replied, "All right," indicating she would provide the information within two weeks. Then all but one person on the vestry voted in favor of requesting the information from the diocese.
The vestry also overwhelmingly approved another motion made by Courtney to ask the diocese to provide the vestry "full reimbursement from the diocese of all costs" incurred by the parish in defending itself from Dixon's lawsuit. "We don't have the resources of the diocese," Courtney noted.
Dixon, during the discussion on the motion, "I've heard and read the lawyer is representing you pro bono." Courtney replied that it has been the case so far, but that the litigation could now go on for another year, posing a considerable burden.
Charles Nalls of deKieffer & Horgan, the parish's attorney, responded by noting that there are significant costs associated with the litigation besides his own pro bono services, including a bill for $4,200 for the failed mediation efforts sought by Judge Peter J. Messitte of the U.S. District Court of Maryland in Greenbelt, who heard the case and issued the order in October ousting Fr. Edwards.
Dixon said she had noted in the budget that $8,000 had been transferred from a crisis fund for the lawsuit to Nalls's law firm. While members of the vestry agreed that was true, Junior Warden McDonough pointed out that "there's a big difference between 8,000 and 400,000 plus," referring to the sum spent by the diocese.
Later in the meeting vestry member Maura Claggett introduced a motion asking that Nalls begin to bill the parish for his services and that the parish should reimburse him for his work.
Dixon indicated that she did not think the diocese would provide any funds to the parish to cover those bills. Even so, the vestry overwhelmingly approved the motion.
Return to Dixon/Edwards archive
