Ronald F. Avery
April 9, 2009
Rev. Miles White, Stated Clerk
Toll Free: (800)683-9999
Dear Rev. White,
Pardon me. But I thought you said in your email "When they make a ruling as to the propriety of receiving your appeal, then you will be notified as to the next steps." I took this to mean that the Permanent Judicial Committee would first determine my "standing within the PCUSA and Mission Presbytery and a decision regarding the process to this point," and then you would notify me of the next steps. I guess you later realized that you had sent me a flow chart via the Investigative Committee. Is that what you are referring to?
Now I must protest any meetings in which evidence is provided and received without my presence that would show I lack standing to bring this Accusation and Statement of Offense or appeal of the Investigative Committee decision not to file charges at this time. I believe I can show evidence supporting my standing to bring this appeal. I can only think of several issues that could challenge my standing with the proper evidence:
to suggest that I am not a member of First Presbyterian Church in
1.1. an active member in compliance with G-5.0202;
1.2. a faithful member in accord with all the responsibilities listed in G-5.0102
to suggest that First Presbyterian Church in
2.1. I doubt that anyone would challenge this.
3. Evidence to suggest that I have not done something or completed doing something at a lower level that must be concluded prior to bringing my Accusation and appeal of the Investigative Committee decision not to file charges:
3.1. Evidence to suggest that I first filed or started something with the Session which has not been concluded:
3.1.1. Any filings I made with the Session were filed in the wrong place and the Session has no authority to receive an Accusation against its pastor.
3.1.2. Any filings with the Session should have been immediately forwarded by the Session to Mission Presbytery which I accomplished in a timely fashion by making it part of my Accusation and Statement of Offense filed with Mission Presbytery;
3.1.3. Even though I have asked the Session to do things on its own to lift my censure of censorship they have never replied and in fact again have no authority over my complaint or Accusation to do so.
3.1.4. I have no Accusation or complaint against the Session which would constitute a “remedial” complaint rather than a “disciplinary” complaint inapplicable herein.
3.1.5. The Session will not and cannot be a part of this Accusation.
Finally, reviews of jurisdiction and standing have more to do with “remedial” complaints than with “disciplinary cases” as these reviews of “standing” are only provided for under “remedial case” rules D-6.0300 (especially D-6.0305). No provisions for a review of standing, jurisdiction, exhaustion of lower level requirements, relief that can be granted, and relationship, etc., etc. are to be found under “disciplinary case” rules.
Simply stated there are no provisions for a review of “standing” of any kind under “disciplinary case” rules D-10 and D-11. My Accusation and Statement of Offense is a “disciplinary case” with no provisions for considering the “propriety” of receiving my appeal. I hope you will forward this letter to the Permanent Judicial Committee and that they will take this into account in their review of my standing with the Presbyterian Church (USA) and Mission Presbytery as you indicated they would conduct such a review.
I look forward to hearing from you and reading the Investigative Committee Response to my Petition for Review of their decision not to file charges. I am happy to be a part of the Presbyterian Church (USA) that provides a process to maintain church justice and progress the work of Christ Jesus in the world. I have no doubt that justice will be achieved in my case and that my unlawful censure of censorship will be lifted that I may continue to serve Christ Jesus who has placed a burden upon me to deliver the truth concerning all the events of 911 and the resultant consequences that the church may be protected and its members live in peace and safety expanding the Kingdom of Heaven on earth.
Ronald F. Avery