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HT: Orthodox Christians for Accountability (Initial summary written by Mark Stokoe of Orthodox Christians for Accountability and edited by AOI.)
In a 15-page opinion offered to Metropolitan Philip, the Local Synod and the Board of Trustees of the Antiochian Archdiocese, dated May 13th, the Chancellors of the Archdiocese Robert Koory and Charles Ajalat shredded both the February 24th decision of the Synod of Antioch and the April 24th decision of the Local Synod as "invalid", "inapplicable" "inconsistent" and "ill-advised:"
…the February 24th decision is not a valid decision of the Holy Synod of Antioch. Moreover, even if were, it would have no effect on our Archdiocese since it wasn’t intend to apply to our Archdiocese and if it was intended, it would not apply because it is inconsistent with, negates, and would violate the irrevocable Resolution on Self-Rule, the Archdiocese Constitution and the Archdiocese Articles of Incorporation, filed with the State of New York.
Not only was the February 24 decision rejected, the Chancellors dismissed it as "folly". “Unless properly amended,” the Chancellors wrote:
…these documents cannot be overridden and the February 24,2009 decision is inapplicable to the Self-Ruled Archdiocese. Thus, what contradicts those articles in their application to North America is the Resolution of the Holy Synod granting self-rule, the Constitution of the Archdiocese of North America, the irrevocable creation of three diocesan bishops by the self-rule Resolution itself, the election and consecration of three bishops under the Constitution as diocesan bishops for North America and the enthronement of these various bishops their respective dioceses. To render all of these documents, resolutions and actions null and void by implication, or sub silentio, would be an absurd action. It cannot be imagined that the Holy Synod of Antioch, composed of wise and holy men, would participate in such a folly.
They further warned that all members of the Church bear the obligation to protect the Archdiocese Constitution:
Pursuant to the Constitution, all members of the Board of Trustees including the clergy and the hierarchs have an obligation to insure that the Archdiocese Constitution and Articles are protected. A constitution defines certain rights and privileges and obligations, these apply to the entire church population including the laity. It is incumbent upon all members to insure that these provisions are not violated even if one disagrees with them.
There is an element of trust that is underlying the role of a member of the Board of Trustees (and a member of the General Assembly) whether the person is a hierarch, priest, or member of the laity. That trust is that the member will act in the best interests of the Archdiocese and follow the dictates of the spirit as well as the letter of the Constitution. If the members do not act to protect the Constitution and the self-rule as defined therein, then they will have violated that trust. The consequences, among others, will be a legitimate lack of trust by clergy and laity in the leaders of this Archdiocese. That would be tragic.
The Complete Opinion