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Message from thePresident

At a time of year that invites us to

remember and be th ankful for the many

blessings in ou r life, we can certainly

thank God for his blessing of our 44th

annual Diocesan Fiscal Management

Conference in Boston. The evaluations

and feedback have been collated and no

matter how you slice it, the 2013

Conference was a h uge su ccess. In your

words: General session speakers were all

around the bes t Ive seen in 8 years.

Strongest agenda/speakers/conference I

have attended. Overall, this h as been one

of the best conferences (content) that I

have attended.

This was only made possible with the

guidance and h ospitality of the Archdiocese

of Boston, the heavy lifting of the Program

Committee th at prod uced an excellent s late

of speakers, and of course you , the

participating members of the conference.

We set yet another attendance record with

328 registrations from 155 dioceses as

compared to 280 in2011 and 303 in

2012.

While we are

thankful for all that

were able to make it,

we sure missed thos e

of you who were

unable to attend and

invite you to come

and join us this

coming year. Mark it

in your calendars

now the 2014

conference will be

September 21-24, 2014 in Chicago at the

Hyatt Regency located just s teps fromMichigan Avenue (a.k.a. the Magnificent

Mile).

This years conference also marked a

time of chan ge as we bid a fond farewell to

Les Maiman, who has guided and grown

our organization over these p ast 7 years,

and extended a warm welcome to Patrick

Markey, who will serve as our new

Executive Director of th e DFMC. May the

Lord bless both of these men in their

respective service to the Church. Also a

DIOCESAN

FISCAL MANAGEMENT

CONFERENCE

NATIONAL OFFICE:

4727 E. Bell Road, Ste. 45-358

Phoenix, AZ 85032

Toll-free: 877-709-3362

Email: [email protected]

DFMC

Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

From the Desk of the Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

New CDFMs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

National Collections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Recognizing Long Term Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

Conference Pictures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

Bishop Farrell's Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

Law Briefs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

Association Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

INSIDE

www.dfmconf.orgGo online to learn more

Jeff P. Trumps

Diocese of Lafayette

in Louisiana

MORE ON PAGE 8

Volume XXIV, Number 4 # Fall 2013
http://dfmconf.org/news/herald/297-fall-2013-1/file


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Page 2

2 DFMCHerald

Dn. Jeff P. Trumps

President

Diocese ofLafayette in Louisiana

Richard Kelly

Vice President / Program Chair

Archdiocese of Cincinnati

Joan Loffredo

Secretary - Treasurer

Diocese of Salt Lake City

Most Rev. Kevin J. Farrell, DD

Episcopal Moderator

Diocese ofDallas

Most Rev. Donald W. Trautman,

STD, SSL

Episcopal Moderator Em eritus

Diocese of Erie

Patrick A. Markey

Executive Director

Betsy Bohlen

Site Chairperson

Archdiocese of Chicago

William G . Fisher

Diocese of Wheeling-Charleston

David E. Hessel

Archdiocese of Galveston-Houston

Mary Beth Koenig

Diocese of Austin

Anthony R. Rabago

Diocese ofPhoenix

Brad Watson

Diocese ofPaterson

William E. Whiston

Archdiocese ofNew York

Laura J. Williams

Diocese ofB eaumont

Bradley J. Wilson

Archdiocese of Atlanta

Francis Wong

Archdiocese ofVancouver

BOARD OFDIRECTORS

DFMC

From the Desk of the Executive Director

As I write this I am contemplating the end of the Churchs

liturgical year and the dawning of Advent, with the preparations for

Christmas and the joy it always brings. Ends and new beginnings

are always meaningful to me. As I begin my tenure serving the

financial leaders of the Church in the United States the profoundmeaning of this season is even more significant.

I had the honor and joy of serving you and the bishops at the

United States Conference of Catholic Bishops (USCCB) for ten and

a half years. In t hat time we began th e Office of National

Collections just as the worst economic crisis since the Great

Depression was beginning to make its presence felt. Working with

great USCCB staff, the bishops, and diocesan finance directors new

systems and controls to manage the national collections were put in place and guidelines

drawn to give meaning and direction to this important work of the Church. The beginning

was good and th e foundation is solid.

At the USCCB there were many successes and much to be proud of. Nevertheless, as we

live in the liturgy these days, there is a time for things to end and new things to begin. As I

begin my term as Executive Director of the Diocesan Fiscal Management Conference (DFMC),I find an organization full of life and love for the Church. Just like the season of Advent this

fills me with hope and expectation. The leadership of the DFMC, both in its outgoing

Executive Director Les Maiman and in its active board of directors , has maintained an d

strengthened this very important organizations unique leadership role. The annual conference

is as s uccessful as ever with the 2013 Boston event described as the bes t yet by some

participants. The Certified Diocesan Fiscal Manager (CDFM) program promises to be a key

certification prog ram of Church financial management and the g rowing Continuing

Professional Education (CPE) courses are a Godsend to assist all of us with our continuing

education requirements, with subject areas most relevant to issues involving our work for the

Church.

Advent always helps me reflect with gratitude to God for all the gifts he has given me in

my life. I bring that same sense to the DFMC and all of you for the confidence, welcome, and

trust you have extended to me. I am here to be at your service and very pleased to have this

opportunity to know you and the needs of your dioceses even better. Have a blessed Advent

and Christmas seasons. I look forward to seeing you throughout the year and in Chicago in

September 2014.

Please make a note of the new DFMC National Office mailing add ress:

Diocesan Fiscal Management Conference (DFMC)

National Office

4727 E. Bell Road, Ste. 45-358

Phoenix, AZ 85032

Patrick A. Markey

Executive Director

Page 3

DFMC welcomes new Certified Diocesan Fiscal Managers

The DFMC has awarded the CDFM (Certified Diocesan Fiscal Manager) des ignation to two fiscal officers after they

successfully passed the CDFM exam at the beginning of the Boston DFMC conference held in September. Michael J. McGee,

Diocese of Richmond and Laura J. Clark, Diocese of San Bernadino join 25 other fiscal managers who

have passed the exam since its inception in 2009.

A voluntary professional certification program, the CDFM designation was initiated the DFMC in

2008 after the Strategic Planning Committee recommended the p rogram to the board of d irectors for


3/20



consideration. The program recognizes professionals in a field of specialized study and includes 16fiscal management disciplines repres enting many of the areas of respons ibility that a fiscal officer will

encounter on a regular basis.

Members gather annually at the conference as an opportunity for prayer, spirituality and renewal

of its members and as an opportunity for fiscal managers to network with their peers. The

development of the CDFM designation complements these objectives and appropriately recognizes its

members ach ieved competency. Th e CDFM was d esigned by Dr. Wayn e Lenell, CPA, Finance

Director of the Diocese of Rockford, at the request of the DFMC board of directors in 2008 and this

year marks the sixth time the exam has been offered to t he

membership.

Each year since 2009, the conference p rogram has

included a review course or a CDFM overview for the

members interes ted in th is program. During the 2012

conference in Houston, Lenell and Dan Stremel, Diocese of

Dodge City, provided an extensive overview of the 16

disciplines covered in the exam. In other years, an overview

of the certification program and its objectives has been

offered on Sund ay afternoon at the beginning of the

conference.

In connection with the CDFM program, the board of

directors recently authorized the development of continuing

professional education (CPE) courses specific to the needs of

those in diocesan administration. The initial scope of the

course development will encompass the 16 courses covering

the disciplines o f the CDFM examination. Credit hours for

each course will vary from one to three credit hours and will

be de livered online with automatic and immediate grading

of each course.

These CPE courses will complement t he CDFM program

and further its educational purpose. While the CDFM Ad

Hoc committee is presently receiving assistance from the

conference CDFMs to help review the CDFM study guide

and materials, it is expected that the CDFM and CPE

programs will evolve over the next few years.

Diocesan finance personnel who are interested in

obtaining more information about the CDFM program,

study guide, or application process can visit the DFMC

website for more information.

Fall 2013 3

Current Listing of Certified

Diocesan Fiscal Managers

(a/o 11/22/13 - by year then alphabetical within year)

Dr. Wayne M. Lenell, Diocese of Rockford (2009)

Mr. Daniel M. Stremel, Diocese of Dodge City (2009)

Mr. Scott A. Hoselton, Diocese of Fargo (2010)

Deacon Jim P. Hoy, Diocese of Gallup (2010)

Mr. Glenn J. Landry, Diocese of Houma-Thibodaux (2010)

Mr. Kathleen Laseter, Inactive (2010)

Mr. Peter M. McPartland, Diocese of Venice (2010)

Mr. Thomas H. Riordan, Diocese of Monterey (2010)

Ms. Laura J . Williams, Diocese of Beaumont (2010)

Mr. Bradley J. Wilson, Archdiocese of Atlanta (2010)

Mr. Greg Wolfe, Diocese of Little Rock (2010)

Mr. Francis Wong, Archdiocese of Vancouver (2010)

Mr. Brian Buckingham, Inactive (2011)

Mr. Robert J. Cox, Diocese of Evansville (2011)

Ms. Julie Shewmaker, Inactive (2011)

Deacon Jeff P. Trumps, Diocese of Lafayette in Louisiana (2011)

Mr. James E. Abernathy, Diocese of Memphis (2012)

Mr. Michael P. Canizzaro, Diocese of Oakland (2012)

Mr. Patrick A. Kelly, Diocese of Youngstown (2012)

Ms. Joan Loffredo, Diocese of Salt Lake City (2012)

Ms. Leticia Q. Macias, Diocese of El Paso (2012)

Ms. Debra C. Swisher, Diocese of Lexington (2012)

Deacon Hans Michael Toecker, Diocese of Nashville (2012)

Mr. Michael E. Warren, Archdiocese of Atlanta (2012)

Mr. Kevin R. Kiley, Archdiocese of Boston (2013)

Ms. Laura J. Clark, Diocese of San Bernardino (2013)

Mr. Michael J. McGee, Diocese of Richmond (2013)

Daniel Stremel

Page 4DFMC

New Board Members

The annual election of members to the DFMC Board of Directors was conducted in conjunction with the 44th annual

meeting. William Fisher (Wheeling-Charleston) was elected and appointed to initial term. David Hessel (Galveston-

Houston) was appointed to fill a vacancy. Anthony Rabago (Phoenix), William Whiston (New York) and Laura Williams

(Beaumont) w ere re-elected to additional terms.


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4 DFMCHerald

New Board OfficersElected for 2013/14

Following the general election of new

members to the 2013/14 Board of Directors

during the 44th annual meeting in Boston,

Jeff Trumps (Lafayette in Louisiana)

accepted to serve as 2013/14's President;

Richard Kelly (Cincinnati) and Joan

Loffredo (Salt Lake City) were elected as

Vice President /Program Chair and Secretary/

Treasurer, respectively.

Joan Loffredo

Diocese of Salt Lak e City

William FisherDiocese of Wheeling -

Charleston

David HesselArchdioc ese of Galveston -

Houston

Richard Kelly

Archdiocese o f Cincinnati

Jeff P. Trumps

Diocese of Lafayette in

Louisian a

Page 5

Committees for 2013/14

Executive/Governance

Chair: Dn. Jeff P. T rumps

Mr. Richard Kelly

Ms. Joan Loffredo

Most Reverend Kevin J. Farrell, DD

Audit

Chair: Ms. Joan Loffredo

Mr. Brad Watson

Mr. Francis Wong

Communications/Strategic Planning

Chair: Mr. Anthony R. Rabago

Mrs. Laura J. Williams

Mr. William G. Fisher

Brad Wilson

The DFMC would like to

Thank and Recognize our

2013 Gold-Level Exhibitors

and Opening and Closing

Event Sponsors

Arthur J. Gallagher &

Company

Ave Maria Mutual Funds

CapTrust

CathoSync by Qvinci

Christian Brothers

Investment Services, Inc.

Christian Brothers Services

Fund Evaluation Group

Grant Thornton, LLP

Notre Dame Federal Credit


5/20



Fall 2013 5

Program Planning

Chair: Mr. Richard Kelly

Mr. Brad Wilson

Mr. William E. Whiston

Ms. Mary Beth Koenig

Mr. David E. Hessel

Union

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Page 6DFMC

PROMOTING AND ADMINISTERING NATIONAL COLLECTIONS

ITS OUR RESPONSIBILITY

By Franz Hoefferle, Chief Financial Officer, Diocese of Duluth, MN

With the decline in the con tribution amounts (approximately $8.7 million s ince 2009) given to t he special annual

collections that our Bishops have collectively discerned and decided to support, one of my priorities as a Diocesan Fiscal

Manager is to ensure that best practices for collections are implemented in our Diocese so we can support these ministries to

the best of our ability.

Our Bishops have provided guidelines to us for administering USCCB National Collections in the document, One Church,

One Mission. This document challenges us to review our processes related to:

1. Conducting the collections in the parishes.

2. Remitting contributions t o the national collections office in a timely manner.

3. Honoring donor intent.

4. Keeping collection amounts intact.

In addition, we as Diocesan Fiscal Managers are responsible to ensure there are sufficient internal controls in place. For

National Collections, we need to be able to verify and substantiate that collections from our locations are accounted for

accurately and properly remitted to the national collections office.

This is not always an easy task, as oftentimes the information that accompanies the checks from our parishes is incomplete

or nonexistent, requiring interpretation or follow-up. Given that manual data entry is required at the diocese to record the

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6 DFMCHerald

Page 7

Fall 2013

receipts of collections, it is possible that errors occur at the Diocesan level resulting in funds being entered into the wrong

account. One Church, One Mission challenges us to review our processes, and change them if necessary to s afeguard donor

intent.

Technology to administer these collections is coming to the market to help us fulfill our responsibility. At the Diocese of

Duluth, we have recently implemented a system to provide these controls and help us meet the challenges set forth in One

Church, One Mission.

In doing so, I believe we will not only improve our internal controls and timeliness, but also increase donor participation

to these worthy causes. We have already uncovered situations where a parish wasnt receiving their promotional materials and

the bookkeeper wasnt aware of the collection, so no collection was taken. I believe that the controls we have put in place will

not o nly meet the challenges put forth, but will also increase awareness and provide consistency throughou t the Diocese.

I encourage you as fellow Diocesan Fiscal Managers to challenge yourself, your staff, and your parishes to look at how

you are promoting and administering these collections to ensure collections are intact, donor intent honored and funds timely

remitted. As we all know, there is a link between the success of any fund raising activity and a visible commitment to

accountability. Our collective efforts in this area will better support the work of the Churchs apostolate, for the greater good of

all those touched by our national collections.

7

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Page 8DFMC

CONTINUED FROM PAGE 1

special word of thanks goes out to Debbie Radzyminski of Plaza Meetings for her stellar support leading up to and


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8 DFMCHerald

during the conference, as well as during the transition o f Executive Directors prior to Patrick Markey coming on full-

time in th at capacity in Nov ember, 2013.

I am personally honored serve you as President this year, and I want to assure you that we want to continue to

build on our success while charting a strategic course for our future through the work of your Board of Directors and

the leadership of our new Executive Director. A significant initiative being undertaken this year is the development of

online Continuing Profess ional Education (CPE). There will ultimately be 16 cours es covering the 16 disciplines of

the CDFM designation (Certified Diocesan Fiscal Manger). Therefore this work will also serve as a study guide for the

examination. The format will be similar in design to th e CPE offered by the A ICPA with credit hours varying from

1-3 hours. The first two modules have been completed and are being reviewed prior to submission to the NASBA

(National Association of State Boards of Accountancy), and we are hoping to have the full program completed by the

2015 Conference.

As we look forward, its interesting to note that the city of Chicago has three mottos, all of which speak to us:

Urbs in horto (Latin for City in a garden t hink Eden), Make Big Plans, and I Will. So all thos e who will make

Big Plans to attend the conference in the City in the Garden shout out, I Will! See you there, my friends.

Employment Opportunities

Given the ever increasing time sensitivity of job postings and candidate responses,

we are delighted to offer 3 improved ways vis vis quarterly Herald publication to

immediately know of new employment opportunities:

keep checking the website we immediately post and update job

postings as a free supporting service under Latest Open Positions.

email notices the DFMC National Office will immediately notify you via

email to check the website once a new posting is offered. [to sign-up,

subscribe to the free service under Contact Us]; and

Twitter notices you can follow the DFMC to receive not only notices of

new job po stings, but of all DFMC Announcements! [to follow DFMC onTwitter, click the Twitter symbol]

email notice

3 Waysemail notices

Twitter notices

Check on-line

3 Ways

Twitter

Check on

Page 9


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Fall 2013 9

Diocesan Fiscal Management Conference

Official Meeting Planner

Annual Conference 20143EPTEMBER

Hyatt Regency Chicago Discounted Air Transportation

518-785-3392Plaza Meetings 685 Watervliet Shaker Road # 1637 Latham, NY 12110

DFMC

Page 10

RECOGNIZING LONG TERM

DFMC

Celebrating 25 Years Cele

Wayne Lenell (Diocese of

Rockford)

Dave Malanowski (Diocese of

Kansas City-St. Joseph)


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10 DFMCHerald

For 15 Years of Attendance

Ms. Laurie Downey Diocese of Portland in Maine

Mr. Peter Flynn Diocese of Fort Worth

Mr. William Clayton Dunlop Archdiocese of Toronto

Mr. David J. Johnson Archdiocese of Oklahoma City

Page 11

ERM MEMBERSHIP

Les Maiman, Jr., D.Min.

DFMC

Celebrating 20 Years

For 10 Years of AttendanceM r. Robe rt L. As h Archdioce se of Louis ville

Mr. Thomas Schadle Diocese of Tulsa

Dn. Jeff P. Trumps Diocese of Lafayette in Louis iana

Mr. Michael J. Tooley Diocese of Ogdensburg

Mr. William Russe ll Diocese of Norwich

Mr. John Drozd, Jr. Ukrainian Catholic Archdiocese of Philadelphia

Mr. Kevin A Larson Diocese of Orange

Mr. William E. Whiston Archdiocese of Ne w York

Ms. Tammy W. DiLorenzo Diocese of Biloxi

Mr. William G. Fisher Diocese of Wheeling-Charleston


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Fall 2013 11

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12 DFMCHerald

DFMC

massachusettsBoston,

Page 13


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Fall 2013 13

Page 14DFMC

REMARKS BY MOST REV. KEVIN J. FARRELL, BISHOP OF DALLAS

INTERNATIONAL CATHOLIC STEWARDSHIP CONFERENCE

SEPTEMBER 22, 2013

It is a pleasure to be with you this afternoon and I want to begin by offering my sincere thanks to all who so graciously

and generously invited me to offer these few remarks about your work here at this conference and throughout the year. Let me

begin by welcoming you to the great State of Texas and particularly to the Diocese of Dallas.


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14 DFMCHerald

As a community committed to Christian Stewardship you have accepted an important responsibility on behalf of others.Let me thank you at the outset for all you are and do for others. In a culture that prizes accomplishments and efficiency I think

it is important to reflect that what we do comes from who we are and t hat who we are comes from a depth o f commitment

drawn from a conversion in values that is not always evident in our society. The self sometimes s eems to be all that matters.

But our work is no t about the self it is about g oing beyond the self in self transcendence. Thank you for that counter cultural

stance that leads to all that you s o generously do.

I come to you at an auspicious time for the Roman Catholic Church. These are challenging but exciting times for the

Church and we need to seize the moment! So far the reviews of Pope Francis papacy have been rather good, among

practicing Catholics, non-practicing Catholics, people of various religions and of no religion. I have a friend who calls herself

a non practicing atheist--now thats quite a phase, isnt it? She

told me the other day I love your pope! I take that as a very

good sign!

The papacy is barely six months old. We still await changes

in the rearrangement of some Vatican offices, perhaps even the

Vatican bank. We also await shifts in personnel, which, as so

many of you know, are the major changes that will affect the

day to day operations, efficiency and results from the Vatican.

However, let us not focus so much on the Ordinary

Administration of the Church but rather on the spirit of Pope

Francis. To the end, let me start by quoting the distinguished

church historian, Fr. John OMalley S.J., who like the pope is a

Jesuit, who says at this point, the beginning, in any papacy

style is substance.

If I were to try to summarize this popes style so far I would

say that he s ees himself as one sent to comfort the d isturbed and

to d isturb the comfortable.

Friends your profession plays a unique role in this mission.

Without your help, without yo ur insistence on the theology of

stewardship, the catholic community could never hope to

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Page 15

comfort the disturbed and to do that we need to disturb the

comfortable those who have become complacent and set

in their ways.

Probably the most graph ic example in the media is Pope

Francis kissing and embracing the physically and

emotionally disabled, the paralyzed, and his visiting those in

prison, to the point of washing their feet on Holy Thursday

night. Then there were the remarks he made on the plane en

route back to Rome from Rio, when he said what have

become five famous words who am I to judge? His context

there was Jesus statement in the Gospel of Matthew about

not judging least we be judged (cf. Mt. 7:1). One also hears

Jesus own words to the Pharisees in John s Gospel chapter

8, verse 15, after he challenges the crowd to throw the first

stone at the woman caught in adultery, but I do not judge

anyone. The pope was in very g ood company indeed!

Just after his election the pope came to the balcony over

St. Peters and before giving his first blessing as the pope

asked everyone there to pause in silence and ask Gods

blessing on him. Then he blessed the crowd. The Saturday

after being elected, Pope Francis held his first audience for

In response the pop e raised his voice about the difficult

issue of migration and immigration. It was here he spoke of

the globalization o f indifference.

In our own nation the American bishops h ave been

aligned with the recent popes in their position on

immigration reform. Part of their rationale is that families

should no t be separated and that working migrants sh ould

not be prejudiced against. How often it is our cold hearts,

even more than cold economic facts, that determine our

immigration p olicies. Yes, t here really is th e culture of

indifference.

Several times the pope has spoken about accountability

for the Vatican bank. He has set up two committees who

will report directly to him about the stewardship of the

bank.

Transparency and accountability must become

trademarks of all that we do as a Church, whether it is at

the national level, in the diocese, or in the parish.

Repeatedly the pope urges us to be good stewards of the

worlds resources. During the homily on the day of the


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Fall 2013 15

all the media who were in Rome to cover the election. Aftera brief address, with now famous off-the-cuff additions, he

said he would not give a blessing out of respect for the

people of different religions assembled. He asked that they

pause and pray in the silence of their hearts to God to bless

them and to bless the pope. The pope reminded us to

respect all peoples of all religions and of no religion at all. In

all this we can see that he has gon e to great lengths to bring

comfort to those who might feel confused, outcast, or

disturbed.

But then again, on the other hand, he has not been sh y

about disturbing the comfortable, whether in terms of ideas,

ideology or positions on contemporary issues.

His first trip outside of Rome was to the island of

Lampedusa off the coast of Sicily. This is the site of migrants

seeking a better life in Italy. Many are turned away, with

some dying in the boats th at brought them there. On Augu st

2, 2013 twenty-five persons died en route to mainland Italy.

Diocesan Financial Issues

The document Diocesan Financial I ssues

was developed by the Committee on

Budget and Finance of the United States

Conference of Catholic Bishops

(USCCB). It was approved by the full

body of the U.S. Catholic Bishops at its

November 2002 General Meeting and

has been authorized for publication by

the undersigned.

Msgr. William P. Fay

General Secretary, USCCB

Available for download:

http://usccb.org/about/financial-reporting/

Page 16DFMC

beginning of his pontificate, March 19, he spoke no fewer

than four times about care for the environment and respect

for creation. In doing so he reflected a repeated theme from

the 2007 Concluding Document of the Fifth General Conference

of the Bishops of Latin American and the Caribbean, a

document that he had an important hand in drafting.

That Cardinal Bergolio was elected the pope was a

sho ck to many. Why? He was from Latin America, not

Europe and because he is the first Jesuit pope! Nevertheless,

he was elected because the Holy Spirit, out of Gods love for

his own creation--his love for the human person and all the

natural resources of our world--felt the need for a leader

such as Francis. Francis teaches u s to overcome our

indifference and our rejection of sisters and brothers. He

teaches us to ov ercome the ideology of po wer/economy and

their primacy over the human person.

And even though some have called Pope Emeritus

Benedict the green pope for his writings on ecology, I

would anticipate that Pope Francis may well be the greener

pope because of his strong positions on creation and the

environment. And he is right. Too many resources cannot

reproduce themselves. The planet needs care for this

generation and the next generations to come.

Towards the end of July when Pope Francis was in Rio

for World Youth Day he told the youn g people (and the not

so young people) to go home and make a mess. Yes, you

heard it right, he said to make a mess. He urged them to

go home and be lively and truly committed missionaries of

what they had celebrated in Rio. Shake up your parishes, he

said. Renew them with the Spirit and values of the Gospel.

And to the bishops gathered in Rio he delivered a rather

long and complete address. Among many o ther things he

told them to get out of their offices, to get out of the sacristy

and be fully engaged in the day to the day mission of the

church in the streets and marketplaces of their dioceses.

Then there was September 19, when his interview with

the Jesuit Magazines was published. This h as provided the

greatest insight into the ministry of Pope Francis.

His recurring themes are simple yet profound

U Return to the basics of the Gospel.

U God sent his only Son to redeem us.

U Show your love for God by expressing our love and

care for all of our sisters and brothers.

U Forgive one ano ther as I have forgiven you.

U Be the Father of the Prodigal Son or the Good

Samaritan.

U Move away from polarizing ideologies, away from

reductionism, away from the nostalgia of days gone

by.

U Confront the culture of the day with the person of

Jesus Christ.


14/20



16 DFMCHerald

It is true, the closer we are to Jesus Christ the more

likely we are to conduct ourselves according to the moral

dictates of the Gospel. This is the style and su bstance of

Francis.

The College of Cardinals elected a man of miss ion and

of vision. If style is substance, and I think that it is, then

we already have some clear directions of where the pope

Page 17

Fall 2013 17

wants to lead the Roman Catholic Church. We must have

mercy and compassion and return to the b asics of the

Gospel.

As we assemble here in these days may I ask that we

reflect on the mission as well as the person of the Holy

Father.

May I ask that we reflect on the emphasis that this Holy

Father has placed on s tewardship of the worlds natural

resources, principal among them being the human person

and the family, especially as we strive to understand where

we place our own time, talent, and treasure?

May I ask that we allow the popes s peeches and

example of his co mmitment and life help us s hape o ur

values and form our consciences?

May I ask that we allow the words and example of the

pope to help us frame the d ebate about the environment

and our concern for others in terms of the worlds resources,

rather than rely on the predictable political partisan framing

of such debates by our legislators?

We sell our birthright when we fail to stand for the

Gospel and its distillation through the teachings of popes

and bishops even when they might cause discomfort.

Disturb the comfortable indeed.

Dear friends I pray that these days together will renew

us in such a way that we will continue to spread the Gospel

of Stewardship throughou t our Church. As the Lord has to ld

us, More will be demanded of the person entrusted with

more (Lk 12:48).

May the Lord bless you all. May you like Pope Francis,

comfort the disturbed and when necessary, disturb the

comfortable.

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member firm of GrantThornton InternationalLtd.

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Page 18

18 DFMCHerald

DFMC L AW BRIEFS

Enforcement of Contract Requiring Arbitration in

Accordance with Christian Conciliation Rules Does Not

Violate Personal Representatives Constitutional Rights

Teen Challenge of Florida operates a faith-based residential treatment program to assist young people in overcoming drug

addiction. When 19-year-old Nicklaus Ellison entered the program, he agreed in writing that any dispute between him and Teen

Challenge would be settled by biblically based mediation and, if necessary, legally binding arbitration, in accordance with the

Rule[s] of Procedure for Christian Conciliation of the Association o f Christian Conciliation Services, and that thes e methods

would be the sole remedy for resolving any dispute.

Ellisons participation in the program was suspended on three separate occasions due to drug related relapses. Tragically,

following his third suspension, Ellison never returned to the program and later died from a drug overdose.

Ellisons mother, Pamela Spivey, as personal representative of his estate, sued Teen Challenge for wrongful death based on

its alleged negligence. When Teen Challenged moved to compel arbitration under the Christian Conciliation rules, Spivey

claimed that requiring her to submit to religious arbitration would violate her rights under the due process and religion clauses

of the United States and Florida Constitutions.

A state trial judge rejected Spiveys constitutional claims, and granted Teen Challenges motion to compel arbitration under

the Christian Conciliation ru les. An intermediate appellate court has now affirmed.

There is no dispute that Ellison voluntarily agreed to arbitration. Spivey claimed, however, that her constitutional rights

would be violated if she were required to proceed through an arbitration process that invoked religious principles and (at least

facially) involved religious acts such as prayer. The appeals court rejected that claim. Under Floridas wrongful death law, Spivey

stand[s] in her sons s hoes and is bound b y his decision to arbitrate any dispute arising out of his enrollment in the Teen

Challenge program. The appeals court made two observations. First, the courts are required to indulge every reasonable pre-

sumption in favor of arbitration, recognizing it as a favored means of dispute resolution.Am. Intl Grp., Inc. v. Cornerstone Bus.,Inc., 872 So.2d 333, 338 (Fla. Dt. Ct. App. 2004) (citing cas es). This p resumption, the appeals co urt indicated, extends to

private religious arbitration, which is exceedingly common in our p luralistic religious s ocietymost major religious denomina-

tions have some method of private dispute resolution within their domains, some going back hundreds of years. As one

commentator notes, the current and continued existence of religious arbitration in the United States is not disputed, as it has

been utilized for decades within a variety of religious communities. Indeed, courts routinely uphold agreements to submit dis-

putes to religious arbitration in the absence of fraud, duress, or corruption. [Citations omitted.]

Second, the Christian Conciliation rules appear to be indistinguishable in almost every respect [from] those of secular

arbitration organizations. The Rules consist of ten pages of single spaced text covering every major aspect of standard secular

mediation and arbitration processes.

Boiled down to their essence, the Rules differ from those of secular groups only because of a scattering of religious elements

added to solemnize the process and to promote and advance conciliation as a spiritual goal.

Spivey objected to Rule 4, which states that arbitrators shall take into consideration civil law, but that the Bible shall be the

supreme authority governing every aspect of the conciliation process. [Emphasis added.] Nothing in this provision, however,

suggests that the Bible is to provide sub stantive guidance on legal principles such as negligence or wrongful death. That Ellison

and Teen Challenge were free to choose a religious process to resolve their dispute does not raise a concern that the resolution

of their dispute would be inconsistent with any federal or state substantive law.

Spivey also objected to a provision in the rules calling for prayer as a normal part of the mediation and arbitration process.

She argued that as personal representative, she sho uld not b e required to engage in a p rocess involving Christian prayer (though

she herself is Christian), because, in the context of a mandatory arbitration clause, that would amount to a governmentally-

coerced religious act. Florida case law establishes, however, that a personal representative cannot validly object that fulfilling the

deceaseds wishes offends the religious sensibilities of the personal representative. The personal representative serves not his or

her own interests, but the interests of the estate. A p ersonal rep-

resentative un willing to advance the deceaseds wishes must pass

along those responsibilities to someone else.

Based on this principle, the appeals court elaborated, if

a decedent desires that his estate go to his syn agogue, be used

for the printing of Qurans, or be distributed only to heirs who

Law Briefs is reprinted with s pecial permission granted

by t he Office of General Counsel,

United States Conference of Catholic Bishops,

Washington, D.C.

Page 19

believe in Jesus Christ, the role of the personal representative is an agnostic one: to fulfill the decedents express wishes. Under

the law, Ms. Spivey must make a choice. She can be the personal representative of Nicklauss estate, but she cannot simultane-

ously forestall her duties and thwart the agreement of the deceased based on her personal religious objections.

This case does not involve a will, but the same principles apply. Spivey must comply with the arbitration agreement or else

resign and have a replacement appointed as personal representative of her son s estate. Indeed, the appeals court cautioned,

had the trial court determined that the arbitration agreement was unenforceable due to its religious nature, its action could itself

arguably constitute an impermissible entanglement under religion clause jurisprudence. [Internal quotation marks omitted.]

Practice point: As the appeals court acknowledged, the Christian Conciliation rules can be read to make prayer optional, and

Teen Challenge was willing to interpret the rules to accommodate Spiveys objection to prayer. But these concessions, the court

wrote, do not detract from Ms. Spiveys fundamental legal obligation to comply with [her] obligations as personal representative

L AW BRIEFS


16/20



of the estate.M.M.

See: Spivey v. Teen Challenge, No. 1D12-437, 2013 WL 5584237 (Fla. Dt. Ct. App. Oct. 11, 2013).

Former School Teachers Motion to Compel Discovery in

Employment Litigation Against Diocese Granted in Part,

Denied in Part

Emily Herx sued the Diocese of Fort W ayne-Sout h Bend and St. Vincent d e Paul School, claiming that her teaching contract

was not renewed after the school learned that she was pregnant through in vitro fertilization, purportedly in violation of the

morals claus e of her contract. Herx alleged discrimination based on s ex and pregnan cy in violation of Title VII and d isability

(infertility) in violation of the A mericans with Disabilities Act.

Herx filed a motion to compel complete responses to written discovery. The diocese filed a response. After a hearing, the

court granted Herxs motion in part and denied it in part.

Three broadly-framed issues were presented by the motion to compel: (a) whether potential comparator discovery evidence

should be limited to employees of the school or, instead, the

entire diocese, (b) whether the defendants were entitled to

limit discovery by invoking certain constitutional and statu-

tory defenses, and (c) whether Herxs discovery requests were

unduly burdensome, vague, ambiguous, irrelevant or overly

broad.

At the motions hearing, Herx offered to limit the scope of

her discovery to all diocesan teachers who signed a Regular

Teaching Contract containing the same moral clause that

she had signed.

The diocese objected that this request was still too expan-

sive. It argued that only teachers at St. Vincent de Paul School,

and perhaps just those who underwent in vitro fertilization,were proper comparators. The court concluded that Herx was

entitled to see how the morals clause has previously been

applied to Dioces[an] teachers . Limiting po tential com-

parators to, say, only thos e who have un dergone in vitro

fertilization is overly restrictive and counter to the broad

scope of discovery to which parties are entitled. The court

also concluded that discovery s hould extend to the entire

diocese because Herx had proffered evidence that diocesan

officials were consulted about her contract nonrenewal.

In summary, the court wrote, because all the Dioces[an]

teachers were subject to the same morals clause that was

cited as the reason [for] Herxs contract nonrenewal, and

because there is evidence that Dioces[an] officials were

Fall 2013 19

Stewardship = (Dioceses + CPA)Collaboration

CathoNet Partners Alliance (CPA)

The CPA aligns best-in-class financial service organizations

that enable Catholic Dioceses to implement sustainable

stewardship oft emporal goods, reduce costs, standardize

financial reporting, and make informed decisions to support

the overall mission of the Church.

CathoNet t FACTS Management t Arthur J. Gallagher & Co. t BAS t IOI

STANDARDIZATION TRANS PARENCY

SUSTAINABLE S TEWARDSH IP

INFORMED DECISIONS REDUCING C OS TS

RISK MITIGATION

Page 20

involved, at least to some extent, in her contract nonrenewal, the Dioces[an] teachers signed to a Regular Teaching Contract

containing the same morals clause are the proper comparators.

The defendants argued that the disputed discovery constituted an impermissible inquiry into religiously-based matters

involving a religious employer in violation of the Religion Clauses of the First A mendment. The co urt disagreed. The Religion

Clauses preclude the Government from taking certain actions with respect to religious institutions, the court wrote, they are

not implicated in discovery requests from one private party to another.

Nor did the co urt find a s tatuto ry bar to discove ry. Title VII exempts religious organizations from claims of employment

discrimination on the basis of religion. But that exemption does not apply here, the court concluded, because Herx does not

allege discrimination on the bas is of religion.The defendants argued that the d iscovery requests were unduly burdenso me because they would require obtaining files from

the dioceses 81 parishes and 41 schools. Herx offered to limit discovery to the schools, and the court found that this, along with

the five-year scope of Herxs request, mitigated the burden on the defendants.

On two specific discovery issues, the court ruled in favor of the defendants. In interrogatories, Herx had asked the school to

identify all ways in which a male employee can commit an impropriety regarding Church teachings or laws regarding infertil-

ity treatment and sterilization or birth control. That interrogatory was overly broad and unduly burdensome, the court

concluded, because the universe of potential improprieties, many of which would have no relevance to the present case, is virtu-

ally limitless.

In addition, in requests for admissions, Herx had asked the diocese to admit that the Diocese employs openly gay and les-

bian teachers, including in its elementary schools. The court concluded that this unexplained request was both irrelevant and

not reasonably calculated to lead to the discovery of admissible evidence.M.M.

See: Herx v. Diocese of Fort Wayne-South Bend, No. 1:12-CV-122, 2013 WL 5531376 (N.D. Ind. Oct. 7, 2013).

Federal Court in Vermont Holds it Has General Personal

DFMC L AW BRIEFS


17/20



Jurisdiction Over the Diocese of Albany

Michael Shovah claimed that a priest of the Diocese of Albany had abused him during a trip they took to Vermont, and that

the Diocese of Albany had breached its fiduciary duties to him and negligently supervised the priest. Shovah sued in federal court

in Vermont, for reasons that do not appear from the opinion, and the diocese moved to dismiss for lack of personal jurisdiction.

The court recognized that the diocese had not sanctioned or authorized the alleged trip to Vermont, and that it does not own

any real property, maintain an office, or possess any financial records in Vermont. The diocese is incorporated in New York.

Nevertheless, the court decided that the diocese was subject to personal jurisdiction in federal court in Vermont.

The court focused on essentially four facts to conclude that it had general personal jurisdiction over the Diocese of Albany.

The diocesan newspaper was subscribed to by 40 Vermonters, and the diocese did a miniscule amount of business with

Vermonters, including receiving less than a tenth of one percent o f its con tributions from Vermont, enrolling 12 Vermont ch ildren

in diocesan schools, and doing bus iness with six Vermont vend ors.

The court clearly considered certain activities of Albany priests in Vermont to be the deciding factor in terms of personal

jurisdiction. Priests incardinated in the Diocese of Albany had celebrated Mas s a small number of times in Vermont. One priest

had been explicitly authorized by the Bishop of Albany to regularly celebrate Mass over several years at a church in Vermont,

with the approval of the Bishop of Burlington. There was no indication that the Bishop of Albany was aware of, or approved of,

the other instances.

Of some concern is the courts emphasis on the concept o f the apparent authority of priests to act for a diocese, to s erve as

a basis for general jurisdiction. Shovah could not point to the Vermont activities of any but one Albany priest as having been

conducted with the actual authority of the Diocese of Albany. The court, however, noted that a principal may generally be respon-

sible for the actions of his agent even when the agent has only apparent authority. In addition, apparent authority may be based

on the conduct of a principal which may be reasonably interpreted by others to mean that the principal has consented to the

actions done apparently on his behalf by the s upposed agent. So, the court asked whether a third party could reasonably believe

that Albany priests conducting activities in Vermont were acting as agents of the Diocese of Albany.

The court concluded that Albanys simple incardination of its priests is sufficient to meet that standard. The activities they

conducted in VermontMasses and other servicesare part of the priests core responsibilities as officers of the church and the

Diocese, the court wrote.

20 DFMCHerald

Page 21

Based on a simplistic application of the neut ral and gene rally app licable rubric fromEmployment Division v. Smith , 494 U.S.

872 (1990), the court rejected the dioceses argument that imputing these contacts to the diocese on this basis would conflict

with the Religion Clauses .

After concluding that the exercise of personal jurisdiction over the Diocese of Albany would comport with traditional

notions of fair play and substantial justice under Internati ona l Shoe v. Sta te of Washington , 326 U.S. 310 (1945), the court denied

the dioceses motion to dismiss.

Practice point: The courts suggestion that the mere incardination of a priest is a sufficient basis on which to find that he had

the incardinating dioceses implied authority for his conduct, and that a third party may legitimately rely on that to claim that the

diocese is bound by the acts of that priest p ursuant to that apparent authority to b ind (or otherwise legally impact) the diocese,

is deeply troubling in a number of ways. It potentially allows vicarious liability to turn on a purely religious role and assessment,

and more particularly it suggests that a diocese may be jurisdictionally present wherever its priests have gone in the perfor-

mance of any religious functions, even if a litigants hypothetical claim does not arise out of any actions such priests take while

there. Shovah did not argue that the court had specific personal jurisdiction over the diocese, only general jurisdiction. The

standard for apparent authority turns o n a courts gu ess abo ut what a reasonable person might conclude about a putative agents

authority to act for his principal, and a court could decide that a reasonable person might conclude that any incardinated priest

had the authority to bind his diocese in any of a number of ways never contemplated as a result of the simple and purely religious

act of incardination.

Counsel interested in this jurisdictional issue should note that the Diocese of Albany has moved the district court for permis-

sion to appeal this jurisdictional ruling, pursuant to 28 U.S.C. 1292(b). The diocese argues that the decision is at odds with

the more stringent standards for general jurisdiction that the Supreme Court outlined in Goodyear Dunlop Tires Operations v.

Brown, 131 S. Ct. 2846 (2011), and th at permitting an interlocutory ap peal would materially advance the ultimate termination

of the litigation. That motion is still pending.

J.H.M.

See: Shovah v. Mercure and Roman Catholic Diocese of Albany, No. 2:11-CV-201, 2013 WL 4736836 (D. Vt. Sept. 3,

2013).

L AW BRIEFS

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SAINT PAUL UNIVERSITYANNOUNCES

CANON LAW GRADUATE DIPLOMAIN CHURCH GOVERNANCE

The Faculty of Canon Law of Saint Paul University an-

nounces a Graduate Diploma in Church Governance to be

offered during acad emic year 2013-2014. The Graduate

Diploma consist s o f 15 credits o f course work, all of which

are offered on line. The five required courses are: General

Norms, Universal and Supra-Diocesan Structu res, Particular

Churches, Temporal Goods, and Penal Law. This Graduate

Diploma is designed for those who are involved in leader-

ship in dioceses and religious institutes, as well as civil at-

torneys and other who provide assistance to bishops and

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For more information, con tact:

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613-236-1391 800-637-6859 [email protected]

Website: http://ustpaul.ca/en/faculty-of-canon-law-

home_44_39.htm


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22 DFMCHerald

Page 23

Fall 2013

Members are encouraged to submit items as well as articles for

consideration in The Herald. Notices of Employment Opportunities are

published on the web site as they are received in the National Office,

as well as in the upcoming edition of The Herald.

The Herald Publi cation Schedule

DFMC Herald will accept notices and articles for future issues according

to the following schedule:

Deadline Date Publication Date

April 30 Spring Issue May 31

July 30 Summer Issue August 30

October 31 Fall Issue November 30

January 31 Winter Issue February 28

We would appreciate your comments & input on items for future issues.

What would you li ke to see i n The Herald?Address UpdateIf you wish to update our mailing address information or if you

wish to add other names to our list please complete the information

below or visit www.dfmconf.org:

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Deletion AdditionCorrection

Please Mail To: DFMC NATIONAL OFFICE, 4727 E. Bell Road, Ste. 45-358, Phoe nix, AZ 85032

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Page 24

Diocesan Fiscal Management Conference

National Office U 4727 E. Bell Road, Ste. 45358, Phoenix, AZ 85032

FIRST CLASS MAILDFMCPresorted First Class

U.S. Postage

PAID

Permit No. 193

Winona, MN


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Catholic Cemetery Conference (CCC) Conference for Catholic Facility Management (CCFM)

Diocesan Information Systems Conference (DISC)

Canon Law Society of America (CLSA)

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September 30, 2015

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November 7, 2014

October 5, 2014 Orlando, FL T he Buena Vista Hotel

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