St Mary’s Church
P0 Box 441
Jamesville, NY 13078

Tuesday. February 5, 2008

His Eminence Claudia Hummes, OFM, Cardinal, Prefect
Congregation for the Clergy
Palazzo Dello Congregazioni
Piazza Pio XII 3
00193 Rome (Roma), Italy

Re: Hierarchical Recourse

Dear Cardinal Hummes:

The purpose of this letter is to begin the administrative recourse process against Msgr. I Robert Yeazel in the Syracuse, New York Diocese. We have commenced this second appeal on the advice of canonical lawyers. (First Appeal - Congregation Pro Clerics Prot. N. 20071311, Apostolic Nunciature of the US File No. 5922)

On October 6, 2006 Saint Mary’s Church in Jamesville, NY became a mission of Holy Cross Church in DeWitt, NY . At that time the care of the physical and spiritual patrimony of our parish was handed over to Msgr. J. Robert Yeazel, pastor of Holy Cross Church (attachment #1). Since “mission” is not a canonical term we continue to question our standing.

In June 2006, Bishop Moynihan directed that planning begin for reconfiguration in the Diocese of Syracuse. In his directive, the Bishop stated “We will need to work together to invite many to ministry, to offer creative solutions to complex challenges, and to be committed to a changing Church.” as well as stating that “Our focus is on creating or maintaining “viable” parishes.” This is in accordance with his 2001 letter, “Equipping the Saint for the Work of Ministry” (attachment #2). He asked each Pastoral Care Area (PCA) to provide plans on how that area could function with half the number of priests. The PCA planning teams were made up of the Parish Council President, Vice President, and Trustees from each parish. We were informed by Msgr. Yeazel that the churches in our PCA were: Saint Mary’s, Holy Cross, Our Lady of Solace, and Saint Therese (attachment #3).


During the discussions it became apparent that Saint Therese and Our Lady of Solace, who shared a single priest, were unable to work together. At that point Msgr. Yeazel decided that Saint Mary’s Parish and Holy Cross Parish would continue to meet apart from Saint Therese Parish and Our Lady of Solace Parish to formulate a plan for Saint Mary’s and Holy Cross. He proposed that Saint Therese and Our Lady of Solace submit their own plan (attachment #4). Our Lady of Solace and Saint Therese both remain open today.

The Syracuse University Alibrandi Center was also assigned as part of our PCA; however, because they are under the care of Franciscans they were removed from the planning by the Bishop. The Alibrandi Center has two priests.

 

Our appeal was filed in May of 2007 with the Congregation for the Clergy. Masses were continued at Saint Mary’s Church until June 30, 2007. Since that time Msgr. Yeazel has refused to make Mass available to his parishioners at Saint Maxy’s. The Bishop has never responded to any requests for weekend liturgies during the administrative recourse process nor asked Msgr. Yeazel to do so (see appeal Congregation Pro Clerics Prot. N. 20071311, Apostolic Nunciature of the US File No. 5922).


When the parishioners of Saint Mary’s
first entered into the vigil upon closure in June 2007 it was recommended by a canon lawyer that communion services should be held. In place of Masses, we held prayer services until December 24, 2007. On December 24, 2007 we held our first Conmiunion service. As the Mass should have continued and was not, it seemed that a communion service would be a proper laity led alternative allowed by the Vatican. We followed the Vatican’s “Directory on Sunday Celebrations in the Absence of a Priest” and consulted with several members of the clergy for support. A local priest supplied consecrated Eucharist and every appropriate precaution was taken to ensure the safety and reverence of the Holy Eucharist. Trained Eucharistic Ministers always performed distribution of communion. In holding communion services while in vigil, we also followed the precedence set by several parishes in vigil in the Boston, MA area as well as several local parishes who use weekday communion services on a regular basis. By refusing Holy Communion to the people of Saint Mary’s Parish during the suspension as a result of our canonical appeal, Msgr. Yeazel has violated canon law and been negligent in his administration of the spiritual patrimony of his flock.

Msgr. Yeazel has also been remiss in his duties to the physical patrimony of the parishioners of Saint Mary’s. In 2004 estimates were obtained for repair of the church roof. In July 2006 the steeple and entryway roof needed to be replaced. Bids were received and one was accepted from Clarks Home Improvement (attachment #16), In a letter dated June 21, 2007, Msgr. Yeazel stated that these roof repairs had been started (attachment #17). As of today, no repairs have been made on the roof of the church. When the roof started leaking this winter, several parishioners had to make patch repairs as necessary. The roof of the rectory is also damaged and has not been repaired to date.

On January 14,2008 members of Saint Andrew’s Episcopal Church entered Saint Mary’s Church and spoke to two parishioners about renting the space. They asked for Father Bob, and looked at both the rectory and the church building. They said they were looking for a place of worship to hold services (attachment # 18). While our first appeal is in process the suspension of administrative acts does not allow the building to be rented or sold.

After 217 days of vigil Msgr. Yeazel, along with Bishop Moynihan, arrived at Saint Mary’s Church building at approximately 10:00am on January 30, 2008. They arrived at our church building along with several unmarked police cars and plain clothed officers. The St. Mary’s parishioner holding vigil asked them for identification. Our parishioner felt he had no choice but to leave (attachment #19). This is in direct opposition to canon law, which states that a stay is in order until the Vatican makes a decision. The church has been locked and “No Trespassing” signs have been posted. Msgr. Yeazel removed our tabernacle, crucifixes, liturgy books, and consecrated Eucharist. At the time Msgr. Yeazel was notified by a member of the liturgy committee that the Eucharist in the building had been consecrated to avoid any confusion.

 

In late October 2006, Msgr. Yeazel canceled the last PCA planning meeting and submitted an incomplete plan, which failed to address the points required by the Bishop from each PCA (attachment #5). This document was used by the College of Consulters to decide the reconfiguration. The final plan, sent by Msgr. Yeazel on October 26, 2006, was only 70-80 words in total, really just a skeletal framework (attachment #6). The final proposal was submitted without the free endorsement of the members of the PCA team who had been working on the plan for months and well before the Thanksgiving deadline set by the Bishop. The plan did not represent the full mind of the committee and parishioners of St. Mary’s regarding the recommendations for reconfiguration.

When parishioners received a copy of the incomplete plan submitted by Msgr. Yeazel, the PCA planning team from St. Mary’s took it upon themselves to write additional documentation to support option four of his plan (attachment # 7). This was the only option that recommended Saint Mary’s Parish remain open. Because Saint Mary’s Parish failed to meet any of the 13 triggers to start a conversation on merger or closure that the Bishop created at the beginning of the reconfiguration process (attachment # 8) and was a vibrant, growing, financially solvent faith community, we felt this was the only viable option. At that time, however, we were not aware of the many jxints requested by the Bishop and the 13 triggers, as Msgr. Yeazel only gave us a truncated list in his June 2006 letter (attachment #3). Our supplemental documentation, therefore, addressed only those six questions put forth by Msgr. Yeazel to the parishioners of Saint Mary’s in his letter.

In late September and early October, Msgr. Yeazel held “listening sessions” at St. Mary’s Church. These sessions were meant to be opportunities for the parishioners of St. Mary’s Parish to ask questions about becoming a mission and well as to voice opinions on the upcoming reconfiguration. At both sessions Msgr. Yeazel spoke for over half the allotted time and allowed only fifteen to twenty minutes for parishioner questions and concerns.

It has only recently come to light that LeMoyne College is also part of our PCA (attachment #9). Msgr. Yeazel’s omission of this information is extremely important, as it adds a much larger number of priests into our pastoral care area. There were 23 priests at LeMoyne College alone as of 2007. Although we were informed that Jesuit priests would not be the answer to the lack of priests, they were used on numerous occasions at Saint Mary’s and Holy Cross after we came under the care of Msgr. Yeazel. In fact, Jesuits could be seen attending Mass at Holy Cross on a weekly basis. As the primary function of a priest is to say Mass, why were these Jesuits not put to good use during this priest shortage? The fact that LeMoyne College was included in our PCA puts an entirely different light on the use of Jesuits to solve the lack of priests. Allowing one of the several Jesuit priests to say Mass at Saint Mary’s would have hearkened back to the origins of the Catholic presence in Jamesville, where Father Lamberville, a Jesuit, said the first Mass in the area in 1681 atamission.

There has been a serious lack of stewardship and fiduciary responsibility regarding our financial patrimony by Msgr. Yeazel. On Monday, May 7, 2007 Msgr. Yeazel attended a meeting with a group of Saint Maiy’s parishioners. At this meeting he stated he would be willing to sell the church for $1.00. Since the time of our closure on June 30,2007, Msgr. Yeazel has not confirmed that our monies have been held in endowment as promised by Msgr. Yeazel previous

to closure (attachment #10). In addition, a former pastor of Saint Mary’s, Father John Daley, left a large bequest to the parish. We have never received word that this money, totaling in excess of 100,000, has been placed in the endowment fund for the parish of Saint Mary’s. We have attempted to contact Msgr. Yeazel to discuss these issues but have received no answer (attachment #11).

Prior to closure one of St. Mary’s Parish Corporation trustees, Dave Thompson, decided to become a parishioner of Holy Cross Church, DeWitt. When this happened Msgr. Yeazel, as our pastor, should have removed him as a trustee and found a suitable replacement, as required by the Diocese. (attachment #12) Despite the obvious conflict of interest, Msgr. Yeazel kept Mr. Thompson as a trustee all the way through St. Mary’s closure.

On Friday, June 29, 2007 a locksmith entered Saint Mary’s Church and started to change the locks on all the doors. As the appeal to the Vatican was filed in May 2007 this was in direct violation of the suspension of administrative action (c.1734.l) and decree (c.1736.l). When asked for a work order the locksmith could not produce one. Our one remaining valid trustee, Joseph DeBottis, entered the church to stop the lock change (attachment #13). When Msgr. Yeazel also arrived at the church Mr. Bebottis and Msgr. Yeazel entered into a heated debate which ended in Msgr. Yeazel firing Mr. DeBottis, effective immediately. This goes against Saint Mary’s Parish Corporation By-Laws, which slates that a trustee must have 10 days notice before being dismissed. Since that time we have requested keys for the building on numerous occasions (attachment #11). We have never received a key to the Saint Mary’s Church building.

At the late September — early October 2006 “listening sessions” and following meetings Msgr. Yeazel implied that the religious education program for grades 1-4 would remain at Saint Mary’s Church for the residents of Jamesville (attachment #10). For years the children of Saint Mary’s have been dismissed from school for one hour during the day to attend classes in the church. This put no strain on the parents and all teachers were volunteers. At the beginning of the 2007- 2008 school year parents received a letter stating that they would need to bring their children from Jamesville, NY to Holy Cross, in DeWitt, for religious instruction. The classes were scheduled for 8 AM on Friday mornings, which was a tremendous hardship for many families. This early class time conflicted with getting other children on the bus and in most cases required two cars per family. As a result, many families chose not to attend at Holy Cross. This led parishioners of Saint Mary’s to offer religious education classes on Sundays as another option for families (attachment #18). The removal of the Religious Education classes from Saint Mary’s was in opposition to the suspension of administrative acts in place due to the appeal.

From the time Saint Mary’s became a mission of Holy Cross Church it was implied that the food pantly would remain at Saint Mary’s in Jamesville (attachment #10). This outreach serves over 1200 people in Jamesville and the suffounding area. Many of these people do not have ready transportation and the removal of the food pantly would be a real hardship. When Msgr. Yeazel received word of the vigil in the church building he decided to close or move the pantry as soon as possible. It was only after meeting with the director of the food pantry that he agreed to leave the pantry where it was in the rectory while searching for a new suitable location. As of November 30, 2007 Msgr. Yeazel moved the food pantry to a new location and gave up control. It is now run by a group of Christian Churches in the Jamesville-DeWitt area (attachment #15). Msgr. Yeazel should not have done this while the suspension of administrative acts was in effect.

 

A press release was issued on January 30, 2008 by Bishop Moynihan saying, “Historically, the Vatican does not intercede in a local Ordinary’s decision unless there was fault in the process.” In our appeal we did assert fault in the process and serious disregard for our spiritual and physical patrimony. Our concern is that Msgr. Yeazel is assuming the mind of the Congregation for the Clergy in its deliberation concerning our petition.

As a result of the above, we now submit our petition to you seeking the assistance of the Congregation for the Clergy because of Msgr. Yeazel’s disregard for the administrative recourse process and our physical and spiritual patrimony. We continue to seek the following:

 

1.                  Weekend masses in the building at St. Mary’s in the community of Jamesville;

2.                  Financial records provided to the St. Mary’s Finance Chair on a monthly basis;

3.                  Full disclosure on Fr. John Daley’s endowment to St. Mary’s parish; and

4.                  Physical patrimony management in accordance with Canon Law. ie. The keys of properties for maintenance and safety purposes should be provided to St. Mary’s Building and Grounds Chair.


For the last seven months we have proven our ability to sustain and manage the Saint Mary’s parish through 100% involvement of the laity and without assistance from a priest or member of the diocese. All we are seeking is a priest to say Mass and perform sacraments. We do not understand why Saint Mary’s, a vital, financially solvent, and growing community should be closed, since we are not a burden on the diocese. We sffive to meet the directive put forth by Bishop Moynihan in 2001 to make the laity more involved in order to reduce the burden placed on priests. We suggest using the Vatican approved alternatives to help bring the Catholic Church into the future, as our Bishop requested and in the spirit of the Vatican II Council. Why not use Saint Mary’s parish as a model of what Church could and should be?

In conclusion, we are submitting this petition to begin the administrative recourse process against Msgr. J. Robert Yeazel in the Syracuse, New York Diocese, per the above, for two reasons, as follows:

1.                  Msgr. Yeazel has disregarded the requirements for the reconfiguration process as outlined by Bishop Moynihan.

2.                  He has also disregarded canon law while Saint Mary’s appeal is pending, and as such has lapsed in his duties to care for the spiritual and physical patrimony of the parishioners of Saint Mary’s Parish in Jamesville, NY.

We thank you for your consideration in this matter and look forward to your response.

 

Sincerely in Christ,

Saint Mary’s Parish Council and Parishioners

 

(attached: 67 Signatures)