In mid 2016, the Vestry of Caroline Church voted to move all monies and securities in the Churchyard Endowment Fund, Remembrance Fund, Building Fund and Organ Fund into a single combined account. The stated purpose from the Rector was to use these monies "for whatever expenses arise."
Since then I have repeatedly tried to reverse this action. At first my rationale was that the decision was unwise and contradicted the by-laws, which required the Vestry to "establish and maintain" several funds including the Churchyard and Remembrance Funds. Further research established that these funds were clearly and permanently "restricted" and could not be used for other purposes. After three years of futile efforts to reverse the action, a lawsuit was filed in the Supreme Court of New York.
This site continues to evolve. It is my hope that the lawsuit will be settled and the funds returned to their proper place. More materials and records will be uploaded as needed to provide parishioners information they need to convince all that what has happened is both unwise and unlawful.
The menu to the left will link to documents that show prior Vestries were warned that these funds were restricted for specific purposes, and what you can do to help right this wrong. The documents come from reading, taking notes, and scanning over 3,000 pages of Vestry minutes, financial journals & ledgers, and annual audits of the church.
During the late 1990's a myth had taken hold that these funds could be transferred from one account to another. Documents included on this site explain how that happened, and how that myth had been so widely believed that the by-laws were amended in 2003 to codify how to make inter fund transfers. The first improper transfer took place in 2000, when $50,000 was taken from the Churchyard Fund to establish a "Transition Fund" after Canon Wancura retired. When the new Rector arrived, he (as well as subsequent Vestries) were trained to believe that such inter fund transfers were permitted and were the norm. That belief is contrary to New York law and is a breach of the trust donors placed in the Vestry.
These funds were accumulated over the 297 years we have been a church. We are at risk of depleting these funds in a single generation. Do not allow this to happen.
J. Christopher Haring
Former Vestry person, Warden, Treasurer, Usher, Buildings & Grounds chair and parishioner since 1956
A snippet from the 1995 audit (to see full audit, click here), making clear that the Churchyard, Remembrance, Building and Organ Funds are restricted. This language was inserted in the audits after the Vestry unsuccessfully attempted to use Churchyard Funds to pay for the playground in the early 1990's. Before that, the fact that these funds were restricted was a "given." The language remained in the audits through 2002. The language was removed without explanation and the phrase "temporarily restricted" was used in column headers describing these four funds. This change coincided with the first successful raid of the Churchyard Fund, when $50,000 was taken to establish a "Transition Fund."
An organization may not use restricted funds for other purposes without first obtaining permission from the donor, or approval of the courts via a "Cy Pres" petition.
Case Dismissed--On March 6, 2020 the Court dismissed the action. Dismissal was not based on the merits, but rather on an issue referred to as "standing." See the decision and details here