Matthew B. Kaplan mbkaplan@thekaplanlawfirm.com Fax: (888) 958-1366 January 29, 2016 The Reverend Robert H. Malm Grace Episcopal Church 3601 Russell Road Alexandria, VA 22305 rector@gracealex.org CONFIDENTIAL SETTLEMENT COMMUNICATION Via Email Only Dear Rev. Malm: I write on behalf of my client, Eric Bonetti. As you know, until his recent resignation from these roles, Mr. Bonetti served as a member of the vestry and a member of the property committee of Grace Episcopal Church (the “Church”). He is also a trustee of The Trust Fund of Grace Episcopal Church of Alexandria (the “Trust”). In these positions, and as a parishioner of the Church, he worked closely with you and other Church staff members. You have purported to remove him as a trustee, but as trustees of the Trust are appointed for a fixed term of years you do not have the authority to do so. It has come to Mr. Bonetti’s attention that individuals affiliated with the Church have given out negative references as to his work on behalf of the Church and the Trust. Among other things, at least one Church employee suggested that Mr. Bonetti could not be trusted with money. Such attacks on Mr. Bonetti’s credibility and performance are both false and defamatory. Such statements have caused Mr. Bonetti substantial emotional distress. Moreover these statements may already have caused substantial damage to Mr. Bonetti’s reputation and future employment contracts and will certainly do so if they are repeated. Mr. Bonetti believes that the negative statements about him were made in retaliation for his efforts to bring to light certain possible financial irregularities relating to the Church, possible violations of employment law by Church employees and abuse of leave by Church employees. As a fiduciary to both the Church and the Trust Mr. Bonetti could not, consistent with his fiduciary duties, remain silent about such potential irregularities.
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Page 2 In light of these false and defamatory statements Mr. Bonetti demands that you as an individual and the Church as an institution provide him with written assurances that neither will make any future negative, or otherwise disparaging statements about him, regardless of whether such statements are made orally, in writing or via any other means. In addition, he seeks written assurance that neither you, nor any other party associated with the Church, including parish employees under your control, will interfere with his participation in The Episcopal Church, whether at the Church or elsewhere. If he does not receive such assurances within 21 days of this letter he anticipates taking appropriate legal action against you and the Church. Mr. Bonetti believes that tort damages would likely lie against you and the Church, including for breach of fiduciary duty, tortious interference with fiduciary duty and defamation. I understand that neither you nor the Church is represented by counsel with respect to Mr. Bonetti’s claims. If you are represented, or if you hire an attorney in the future, you should only communicate with me through that attorney. It may be appropriate to advise your insurer of this matter. I look forward to hearing from you or your attorney in the near future.
Sincerely,
Matthew B. Kaplan
cc:
Leslie Nunez Steffensen, Assistant to the Rector, Grace Episcopal Church, assistant.rector@gracealex.org
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