A Publication of the ORTHODOX CHRISTIAN LAITY
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| Volume 6 Number 15 - Tuesday, April 13th, 2004 |
A Publication of the ORTHODOX CHRISTIAN LAITY |
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Affidavit of Jerry Dimitriou, Executive Director of Administration of the Greek Orthodox Archdiocese This document was submitted to the Supreme Court of the State of New York in support of the Defendants’motion to dismiss the complaint in the legal action initiated by a number of plaintiffs asking the court for a ruling on the amendment provision of the 1977 Charter of the Greek Orthodox Archdiocese. In the affidavit, Mr. Dimitriou states that “None of the Plaintiffs is designated as a member by the Archdiocese…”. The entire text is reproduced below.
SUPREME COURT OF THE STATE OF
NEW
YORK -------------------------------------------------------------x
NICHOLAS PAPPAS, et
al.
:
THE
GREEK ORTHODOX ARCHDIOCESE :
AFFIDAVIT OF Defendants. : -------------------------------------------------------------x
STATE OF
NEW
YORK
) JERRY DIMITRIOU, being duly sworn, deposes and says: 1. I am the Executive Director of Administration of the Greek Orthodox Archdiocese of America (the Archdiocese) I have been the Executive Director of Administration since January, 2000, and prior to that time I was the Director of Finance and Administration of the Archdiocese from 1992 until 1998. I make this affidavit upon my personal knowledge of the facts and circumstances hereinafter set forth. I submit it in support of Defendants’motion to dismiss the complaint in this action. 2. The Greek Orthodox Church is a hierarchical church in which the ultimate control and authority for all matters within the church rests with the Holy Apostolic and Ecumenical Patriarchate of Constantinople (the Ecumenical Patriarchate). 3. The Greek Orthodox Church is one of several autocephalous, or ecclesiastically independent, churches of the Eastern Orthodox tradition. The Serbian, Russian and Antiochian Orthodox Churches are other examples of autocephalous Eastern Orthodox churches. The Greek Orthodox Church shares a common bond and theology with other Orthodox churches, each of which is headed by a Patriarch (or equivalent), but all of which look for guidance to the Ecumenical Patriarchate as primus inter pares (first among equals). The head of each autocephalous church administers that church, but only the Ecumenical Patriarchate can convene a council of the churches (comprised of all bishops) to modify church doctrine. 4. The Ecumenical Patriarchate is the Mother Church and is comprised of the Holy and Sacred Synod of the Ecumenical Patriarchate (the Holy Synod) presided over by the Ecumenical Patriarch. The Holy Synod is the Church’s highest executive boy and is comprised of twelve Metropolitans from around the world, including the Ecumenical Patriarch and, most recently, the Archdiocese’s Archbishop Demetrios. 5. Within the United States, the Archdiocese is the highest spiritual and governing authority of the Greek Orthodox Church for all communicants of the Greek Orthodox faith. Approximately one million Greek Orthodox faithful attend services at approximately 540 Greek Orthodox parishes throughout the United States. 6. The Archdiocese was incorporated in 1921 pursuant to Section 15 of the Religious Corporations Law (RCL) of the State of New York, although it existed as an unincorporated association prior to that. A true and correct copy of the Archdiocese’s Certificate of Incorporation, as amended, is attached as Exhibit A. The Archdiocese was formerly known as the Greek Orthodox Archdiocese of North and South America. The Certificate of Incorporation was amended to change to the name of the corporation on August 5, 1999. A true and correct copy of that Certificate of Amendment is attached as Exhibit B. The 1999 Certificate of Amendment states that the Archdiocese has no members. While there are issues regarding the manner in which this amendment was adopted, nevertheless, neither the Certificate of Incorporation nor the Certificate of Amendment designate parishioners as members of the Archdiocese. 7. The Archdiocese exercises spiritual and governing authority over Greek Orthodox parishes throughout the United States. The Archdiocese is comprised of the Direct Archdiocesan District in New York, and eight Metropolises (or dioceses) throughout the United States. 8. The principal governance documents of the Archdiocese are the Holy Scripture, the Sacred Traditions and Holy Canons of the Greek Orthodox Church, its Charter, and the Special Regulations and Uniform Parish Regulations (Regulations). (1977 Chart Art. I; 2003 Charter Art. 1) The Holy Canons have been developed over the seventeen hundred year history of the Church and deal with, among other things, church organization and discipline. 9. From 1977 to 2003, the Archdiocese was governed in accordance with a Charter granted by the Ecumenical Patriarchate in 1977 (the 1977 Charter), a copy of which is attached as Exhibit C. The 1977 Charter was superseded by the grant by the Ecumenical Patriarchate of a new Charter in 2003 (the 2003 Charter), a copy of which is attached as Exhibit D. A true and correct copy of the Regulations is attached as Exhibit E. 10. Under both Charters, the Archdiocese is administered by the Archbishop and the Holy Eparchial Synod of the Archdiocese (Eparchial Synod), which was formerly known as the Synod of Bishops under the 1977 Charter. (1977 Charter Art. V; 2003 Charter Art. 4) The Archbishop is the head of the Archdiocese and President of the Eparchial Synod, and is responsible to the Ecumenical Patriarchate for the canonical and orderly functioning, life, governance and activities of the Archdiocese. (1977 Charter Art. VII; 2003 Charter Art. 6) 11. The Eparchial Synod, which is comprised of the Archbishop (as President) and the Metropolitans (the hierarchs of each of the eight Metropolises), has the ecclesiastical and canonical responsibility for the Archdiocese to the Ecumenical Patriarchate, which is its superior ecclesiastical authority. (1977 Charter Art. VI; 2003 Charter Art. 4) Under the 1977 Charter, the Metropolitans were designated Bishops and the Metropolises were designated Dioceses. 12. The Archbishop is elected by the Holy Synod of the Ecumenical Patriarchate, (1977 Charter Art. XIII, 2003 Charter Art. 13), as are the Bishops/Metropolitans (1977 Charter Art. XIV; 2003 Charter Art. 14). 13. Under both Charters, all canonical and ecclesiastical matters not provided for in the Charter and Regulations are determined by the Holy Synod of the Ecumenical Patriarchate. (1977 Charter Art. I; 2003 Charter Art. 1(b)) 14. Also under both Charters, the Clergy-Laity Congress concerns itself with all matters, except for dogmatic or canonical matters, which affect the life, mission, growth and unity of the Archdiocese of America, including the uniform administration of the Archdiocesan District, the Metropolises and Parishes, the educational programs, financial programs and philanthropic concerns of the Archdiocese. (1977 Charter Art. XI; 2003 Charter Art. 10) All decisions of the Clergy-Laity Congress are submitted to the Ecumenical Patriarchate for approval and ratification. (Id.) Following their approval, the decisions must be faithfully adhered to by all parishes regardless of whether or not they were represented at the Clergy-Laity Congress at which they were adopted. (Id.) 15. In addition, both Charters provide for an Archdiocesan Council comprised of the Archbishop as president, the Metropolitans, the Bishops and the clergy and laity from each diocese selected in accordance with the Regulations. (1977 Charter Art. XV; 2003 Charter Art. 17) The membership of the Archdiocesan Council includes all members of the Eparchial Synod. The Archdiocesan Council possesses interim authority of the Clergy-Laity Congress to act when necessary between sessions of the Congress. (Id.) The Archdiocesan Council administers the temporal and financial affairs of the Archdiocese and advises and consults the Archbishop concerning matters of governance as well as the decisions of the Clergy-Laity Congress and the Regulations. (1977 Charter, Art. XV; 2003 Charter Art. 17; Special Regs., Art. II, § 1) The Executive Committee of the Archdiocesan Council is appointed by the Archbishop and has all authority, excluding legislative and investment powers, of the Archdiocesan Council between its meetings. (Special Regs., Art. II, § 5) 16. The 2003 Charter generally differs from the 1977 Charter as to ecclesiastical matters by: (i) elevating the Bishops of the Archdiocese to Metropolitans, although their duties and rights within the Archdiocese remain largely unchanged (2003 Charter Art. 7); (ii) changing the name of the Synod of Bishops to the Holy Eparchial Synod (id. Art. 5); (iii) specifying additional eligibility criteria for future candidates for the office of Archbishop (id. Art. 13); (iv) modifying procedures for handling a vacancy in the office of Archbishop or Metropolitan (id. Art. 12); (v) specifying more detailed procedures by which the Spiritual Courts function (id. Art. 9); (vi) granting authority to the Eparchial Synod to determine, in consultation with the Archdiocesan Council, the number, seat and boundaries of the Metropolises within the Archdiocese, subject to the approval of the Ecumenical Patriarchate (id. Art. 3(a)); (vii) providing for oversight of monasteries (id. Art. 21); and (viii) providing a more detailed process for amending the Charter (id. Art. 25). There are no other material differences between the two Charters. All of the changes are purely ecclesiastical in nature. 17. The Archdiocese is not a parish; it is an ecclesiastical jurisdiction of the Ecumenical Patriarchate. (1977 Charter Art. I; 2003 Charter Art. 1) No services are held for the public at the Archdiocese, although the Archdiocese odes have a small chapel for weekday services for members of its staff and guests; no Sunday services are held at the Archdiocese. NO member of the public may join the Archdiocese’s chapel. The Archdiocese’s buildings house the administrative offices of the Archdiocese’s staff. No member of the public, including Plaintiffs, may access the offices of the Archdiocese without permission of the Archdiocese. 18. None of the Plaintiffs is designated as a member by the Archdiocese, none attends services at the Archdiocese except by invitation, and none has access to the Archdiocese’s premises, property and records. /signed/ Jerry Dimitriou Sworn to before me this 15th day of March, 2004 /signed/
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