VOTF Convocation – Indianapolis
July 8-10, 2005
Breakout Session: “Closing Parishes”: Building a Powerful and Prayerful Lay Response
The Boston Experience with Parish Reconfiguration
Agenda/Handout:
Moderator: Sheila Connors Grove, Boston Area VOTF Council
Presenter: Sharon M. Harrington, St. Albert’s Parish, Weymouth, MA
AGENDA
* Background
o Black Tuesday, May 25, 2004
o Three reasons for reconfiguration
o The environment of the Archdiocese and role of the sexual abuse crisis
o Reconfiguration process
o Initial reaction of the 83 parishes
o Meetings, letters, healing services, VOTF Summit meetings
o Appeal process
o Archbishop convened predominantly lay group to investigate the situation
* Actions Undertaken by Parishes
o Do nothing
o Work collaboratively with sister parishes
o Conduct healing services
o Forum to vent
o Public events
o Appeals to the Archdiocese
o Appeals to Rome
o Consider law suits
o Research Canon Law
o Involve the media
o Multiple attempts to communicate with the Archdiocese
* Vigils
o 9 Parishes (of 83) decided to Vigils (24/7 sit-ins in the parish)
o One stopped early when they were promised “merging” not “closing” (St. Bernard’s)
o Some parishes appealed quietly
o St. Albert’s, Weymouth, MA, first to be in vigil
o St. A’s spread their vigil experiences through VOTF Summit meetings
o Council of Parishes formed to support each other (everyone welcomed)
o Some vigils were planned and very organized; others were spontaneous
o Vigils reflected the culture and environment of the parish
o People (ideally multiple) in the church 24 hours a day
o Lay led services conducted on weekends; some daily; praying Rosary; Stations of the Cross for Lent
o Consecrated hosts made available
o Parish ministries continued where possible
o Some had family nights, barbeques, pot lucks, movies; all had hospitality
o Organizers divided responsibilities; participants called to sign-up for duty
o Parishes had phones, some internet hookups, websites, parish sign-up boards, outlines for lay led services, media and communication boards, etc.
o Core leadership groups met, developed strategy, and implemented plans
o All had regular meetings with parishioners to ensure communication
o Parishes stressed prayerfulness
o Music helps set mood-sung, played or previously recorded
o “Telephone tree” and “email tree” for fast response
o Enlist support of politicians to oppose zoning changes (if needed)
o Enlist support for National and Local Historical Listing of parish property
* Publicity / Communications
o Foremost, frequent regular communications with all parishioners is vital!
o Hold meetings, pot lucks, any event to bring them together for an update
o Media is a critical participant in this vigil (protest) process
o Get to know the local (town) media as well as the larger, more influential media; this includes newspapers, TV, radio, etc. They will use your news story more readily
o Political representatives should know and support your situation
o Flood them with letters: the diocese, the newspapers, others
o Make bumper stickers, signs, buttons (e.g. “Keep (St. Albert’s Open)”)
o Make sure you present a measured, thoughtful perspective of the situation
o 2-3 media spokespersons should have this responsibility for the parish
o “Train” these spokespersons on how you wish them to deal with the media
o Hold media events regularly, as a parish, as a group of parishes (“Mass on the Common’)
o Collaborate with your local VOTF affiliates for support
o Meet with local law enforcement to ensure they know what you are doing
o Letters to the Editor-one of most-read sections of the paper, good way to stay in front of the public; even if a negative letter gets in, presents an opportunity for parishioners to respond with their eloquence
o Plan different types of parish activities, so that the story doesn’t grow “old”
o Public support (media/communications) is perhaps most essential element of successful Vigil
o “Telephone tree” and “email tree” for comprehensive, speedy notice/information to parishioners
* Canon Law
o Canon Lawyers: it is difficult to locate canon lawyers-most work for dioceses or religious orders, so talk with your parishioners-they have former teachers, friends and relatives who may be or know canon lawyers.
o The Saint Joseph Foundation in Texas is a non-profit (501 (c) (3) charitable organization, with laypeople who are canon lawyers <www.saintjosephfoundation.org>
o If you don’t have a canon lawyer helping you intensively, a lawyer who researches canon law will be a definite asset.
o See James A. Coriden’s “Do Parishes Have Rights?” on the ARCC website at <http://arcc-catholic-rights.net/rights_of_parishes.htm> and resources at <http://arcc-catholic-rights.net/resources.htm>
o For samples of administrative recourse appeals, see Model Parish Appeal to Rome (that’s the 2nd, hierarchical appeal to the Congregation for the Clergy - Petition for Reconsideration can be based on this also) at <http://arcc-catholic-rights.net/resources.htm and administrative recourse appeals on the websites of members of Council of Parishes. See the ARCC site generally <http://arcc-catholic-rights.net/>
o Canon Law (Vatican Website): <http://www.vatican.va/archive/ENG1104/_INDEX.HTM>
o Canon Law (searchable):
<http://www.intratext.com/X/ENG0017.htm>
o The Canonical Doctrine of Reception by Rev. James Coriden, J.C.D., Dean Emeritus, Washington Theological Union, Washington, DC
<http://arcc-catholic-rights.org/recepcion-reception.htm>
° Recommended books : New Commentary on the Code of Canon Law, John P. Beal, James A. Coriden and Thomas J. Green, eds. (Paulist Press, c. 2000) the “Bible” on canon law. $64+; .
o An Introduction to Canon Law, James A. Coriden, (Paulist Press c. 1991) $16.95 & tax
o ***The Parish in Catholic Tradition, James A. Coriden, (Paulist Press c. 1997) $12.95 & tax (most focused on parish rights)
o Recommended articles:
CLSA Proceedings 60 (1998) 179-223 "The Parish: Community of the Christian Faithful Within the Particular Church", John A. Renken,
Studia Canonica, 28 (1994) 293-309, "The Rights of Parishes", Rev. James A. Coriden-esp. fn. 15,
The Jurist 53 (1993) 362-370, "Some Canonical Considerations on Closing Parishes", James H. Provost,
The Jurist 54 (1994) 22-39, "The Vindication of Parish Rights", James A. Coriden,
The Jurist 55 (1995) 875-896, "Parish Closings and Administrative Recourse to the Apostolic See: Recent Experiences of the Archdiocese of Chicago", Thomas J. Paprocki
For later in the appeal process, there is:
The Jurist 58 (1998) 171-197, "Contentious-Administrative Recourse Before the Supreme Tribunal of the Apostolic Signatura", Kenneth K. Schwanger
° Appeals Procedure
(Recourse against Administrative Decrees (cc.1732-1739):
1) Petition for Reconsideration to your Bishop (10 “useful” days:
If at all possible, hand-deliver your Petition to the Chancery. Make sure you have the person accepting the Petition sign a Receipt. If you can't hand-deliver it, make sure it will get there in time, and make sure you get a signed receipt. If you are late, you can be ignored. In Boston, many of us filed days early, just to be certain our appeals were received in time. We have heard of Rome denying appeals based on a grant of additional time by the diocese, which Rome chose to ignore. Include ALL your strongest arguments in the Petition for Reconsideration, not just procedural ones. Changes are more likely to come from this level.
2) Bishop has 30 days to respond. Time to appeal to Rome begins to run from notification of Bishop’s response OR his failure to act, whichever is less. (i.e., if Bishop does not respond, your appeal period begins to run from the end of the 30 days.)
3) Hierarchical Recourse to the Congregation for the Clergy in Rome (15
“useful” days). The Congregation will NOT accept mail/fedex etc. sent directly to them-serve your Bishop or the Apostolic Nuncio in Washington DC. They will forward. Once again, get a signed receipt. Let the Nuncio know (by fax) that you have served the Bishop, if that is the case.
° Canon Law - Substance
1) Overarching, supreme law in the Church: salvation of souls. (c. 1752)
2) Suppression-Bishop must “consult” Presbyteral Council. (c. 515, § 2) Consultation must be ‘genuine’ (c. 369)
3) Canons on singular administrative acts (cc. 48-52) and the definition of juridic act (c. 124, § 1)
4) Role of the Presbyteral Council (cc. 499-500, 515 § 2)
5) Importance of Acquired rights (cc. 4, 36, 38)
6) Intention of benefactors and the will of the donors (cc. 121-123)
7) Canonical reasons (cc. 51, 120 §1, 699 § 1, 1611, 3°)
8) Noetic process (c. 50) “Be attentive” (data), “Be intelligent” (information), “Be reasonable” (proofs), “Act responsibly” (decision)
9) Lack of vocations/priests: canon law provides solutions besides suppression - pastor of several (neighboning) parishes, group of priests serving group of parishes, with one as a moderator, deacon-led parish, religious or other lay-lead parish (cc. 156 § 2, 517 §§ 1, 2, 1248 § 2 )
10) Subreption - reasons given in public must be true or invalidates bishop’s petition to Holy See (c. 63 §1)
11) What cannot be done directly, cannot be done indirectly
12) “Thou shalt not close vibrant parishes.”
13) Must have consent of owners/donors.
14) Parish assets cannot be used to satisfy diocesan debts. (Affidavits of Bishop William S. Skylstad and Nicholas P. Cafardi, Spokane Bankruptcy Case, posted on <www.dioceseofspokane.org>, Bankruptcy filings)
15). ‘Bishop can be penalized by loss of office for violating canon law’
(Affidavit of Nicholas P. Cafardi, para 45., Spokane Bankruptcy Case)
16) Canon 1292, section two, requiring Separate Vatican approval
for disposal of art with great artistic or historic value
* Law Suits-Various State and Federal claims
1) Claims of ownership. Parishioners own their parishes and assets (see, e.g., <www.stalbertsweymouth.org> “What We Want” for copy of lawsuit)
o “Corporation Sole” does not import that bishop owns parish property outright, to use as he chooses (including for diocesan debt). (Affidavit of Nicholas P. Cafardi, Spokane Bankruptcy Case)
o May be able to use certified copy of Skylstad and Cafardi Affidavits from Spokane Bankruptcy case to establish canon law support for parishioners’ position in motions prior to trial.
o Parishes argue that state and federal law limit “corporation sole” ownership to a fiduciary (trustee) obligation towards the trust beneficiaries, the parishioners. Fiduciary cannnot act contrary to the interests of beneficiaries (parishes/parishioners).
o Pendancy of a civil law action with a claim of ownership may lessen parishioners’ exposure to an arrest for trespass (and removal from premises). Ownership is bar to conviction on trespass.
o Pendancy of canon law appeal may gain parishioners protection from removal and arrest.
o In Massachusetts, a claim of ownership in (here, parish) property entitles one to a lis pendens, for recording at Registry of Deeds to prevent purchase of property during litigation and canon law appeals.
o Restraining orders prevent removal of parish property pending canon law appeal/determination of litigation.
2) Additional Tort/Civil Rights/Constitutional Rights Claims.
o In addition to claims that bishop owns property in trust for parishioners, you might be able to bring claims under your state law for, inter alia,: false arrest, false imprisonment, abuse of process, assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and conspiracy to violate parishioners’ civil rights (including First Amendment right to free speech and exercise of Freedom of Religion. (We feel these would be viable claims in Massachusetts-see e.g. <www.stjeremiah.org> for letter to Archbishop regarding these claims.)
3) Dedicated Gifts.
º In Massachusetts (and presumably in other states) the Attorney General’s office oversees charities, including the application of dedicated gifts. One challenges the use to which the Archdiocese plans to put a dedicated gift by bringing lawsuit in Probate Court to determine the donor’s intention, which must be honored according to state law. (Donor’s intent also must be honored according to Canon Law canons 121-122-123, e.g.)
* Things to Watch Out For
o An administrator, instead of a pastor, assigned
o Good priests retaliated against
o Who controls the $$, in the parish, in the diocese
o Little or no transparency in the financial status of the diocese (and parish)
o Little or no transparency in other aspects of the diocese
o Little or no communication about the business of the diocese
o A “divide and conquer” strategy of the diocese (keeps laity separated)
o What the diocese (pastor) says is not what they do
o Nothing in writing from the diocese; Get everything in writing
o Pitting parish against parish
o Fragmentation/Dissention within parish
o Trying to push fast, pre-ordained decisions
* What You Need to Think About to be Successful
Some of these will not be right for your parish but were found to help ensure our success.
o There is strength in numbers; collaborate with any and all groups/people
o For a vigil, a core number of parishioners is essential
o Organize a “Friends of (St. Albert’s)” to collect money, pay bills, etc.
o Collect $$; you will need it (e.g. consider fundraising event); solicit businesses and larger community as well as good parish friends
o Set up a “Friends of __” checking account
o Run the vigil based on the culture and environment of the parish
o Vigils are grass roots; use everyone’s skills; everyone should have a role
o Vigil leadership should be measured and thoughtful and represent the total parish
o Work hard to avoid divisiveness; the act of vigiling will take its toll
o Build community: food, hospitality, prayer services, meetings
o Feed each other actively, in all ways
o Keep things fresh (you will often get tired, discouraged, and feel defeated)
o Communications! Communications! Communications! (within the parish; outside the parish; with the media; with each other)
o Consider incorporating and getting a 501 C3 status (charity)
o We wanted to be certain that our Vigil was prayerful and our demeanor respectful but firm
This is not a sprint; it could be a marathon. Make sure you have the stamina to sustain the long haul! The end is worth it, regardless of how the end turns out. We in Boston found that our actions were not just for us but extended to all Catholics, near and far. It is time we have a place at the table!!
Useful Websites (plus, don’t forget ever-useful “googling”):
4) St. Albert the Great of Weymouth, MA (with links to other parishes on vigil, lawsuit and canon appeals) www.stalbertsweymouth.org
5) Council of Parishes (Boston, MA Archdiocese) www.councilofparishes.org
6) St. Jeremiah of Framingham, MA www.stjeremiah.org
7) St. Anselm of Sudbury, MA www.stanselmsudbury.org
8) St. James of Kansas, Ohio <www.stjameskansas.org>
9) Association of the Rights of Catholics in the Church (ARCC)
<http://arcc-catholic-rights.net>
Other St. Albert-related webpages (may inspire useful ideas!):
1.) Boston Globe Special Report Closing Parishes: (Bella English’s series featuring St. Albert the Great Parish)
http://www.boston.com/news/specials/parishes/
2)*** Informal Statistical Study (Part II): Roman Catholic Archdiocese of Boston Stan and Eileen Doherty (EileenAndStan@comcast.net)
http://home.comcast.net/˜sdoherty12/Statistics_Part2_RCABParishClosings.html
3) RCAB website on “Reconfiguration” (aka Church Closings):
http://www.rcab.org/Parish_Reconfiguration/HomePage.html
May the Holy Spirit Be With You and Your Parish!
May the Church Hierarchy Learn to Trust and Work With Their LayPeople!