An Open Letter to Archbishop Timothy M. Dolan President, United States Conference of Catholic Bishops

Re: An Opportunity to Rebuild Trust (Charter Compliance Audits)

Dear Archbishop Dolan,
There is an opportunity for the Catholic Bishops of our country to rebuild the people’s trust in them that has been severely damaged because of the clergy sexual abuse crisis. This opportunity is found in the audits of each diocese / eparchy (= “diocese” in this Open Letter) for its compliance with the requirements of the Charter for the Protection of Children and Young People (Charter). Indeed, the more that people are able to understand and accept these audits as being reasonable and thorough, the more that the people might be willing to begin to trust their bishops again. But without the people being able to understand and accept the audits, their trust in the bishops will continue to wane.

This past June, the United States Conference of Catholic Bishops (USCCB) revised the Charter. However, I am unaware of the USCCB having revised the procedures by which each diocese is audited for compliance with the Charter. In fact, I do not know with certainty what the current audit procedures are, nor if they have ever been made public. Therefore, there is the possibility that what I now suggest might already be in place.

But, I doubt it.

So, I hope that a revision of these audit procedures is possible. Because of this hope, I present the following eight recommendations to enhance the existing Charter audit procedures. I am calling for the USCCB as a group and for each diocesan bishop in his diocese to implement these recommendations. Doing so will create an opportunity to rebuild trust.

By means of this Open Letter I am making my recommendations known in a very public way, and the Catholic Church allows for and might even require me to do so. In fact, canon 212, §3 of the Code of Canon Law establishes  the right and at times even the obligation for all the Christian faithful, the laity and the clergy alike, to make known their opinion for the good of the Church to Church leaders and to the rest of the Christian faithful. I would add even to the public at large if the issue is sufficiently important, as is the Catholic clergy sexual abuse crisis.

Here is the link to the Charter and its related Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons (Essential Norms), as they appear on the USCCB website: http://www.usccb.org/ocyp/charter.pdf Also, here is the link to canon 212, §3, as it appears on the Vatican website: http://www.vatican.va/archive/ENG1104/__PU.HTM Now, I move on to my recommendations.

FIRST, publicize via the internet the name of the firm conducting the audits, along with the scope and specific work tasks that the auditor will perform when conducting the audit of each diocese for compliance with the Charter. Actually, Article 7 of the Charter calls for open and transparent communication with the public about clergy sexual abuse of minors. Hence, what is done in a compliance audit should not be among the best kept secrets. Rather, what is done should be open to the public and transparent in meaning. Doing so can contribute to rebuilding trust.

SECOND, invite victims / survivors of clergy sexual abuse into the audit planning process, both at the national planning level and at the local diocesan level. Indeed, the Charter indicates that outreach to every person who has been the victim of clergy sexual abuse and their family is the starting point of the mission of the Charter (Article 1). Similarly, the verification of the performance of this outreach should be the starting point of the audits of the Charter.

Moreover, inviting victims / survivors into the audit planning process provides them a place at the table to participate in the process to protect the children and young people of today from experiencing the tragic altering of one’s life trajectory that many victims / survivors experienced in the past. Surely, such dialogue can only be for the good.

Hence, given that victims / survivors know more about victims / survivors than does the Catholic Church, including victims / survivors in the audit planning process would enhance the audit effort to:
(1) Verify the effort on the part of each diocese to seek out and to minister to the victims / survivors of clergy sexual abuse and their families;

(2) Verify that each clergy sexual abuse case reported to the diocese actually is included in the diocese’s victim assistance system;
(3) Understand the nature of settlement agreements from the perspective of victims / survivors;
(4) Provide insight, from the perspective of victims / survivors, into the reception by the public of communication from the diocese to parishes and to the community at large; and
(5) Evaluate the assigned duties of the diocesan victim assistance coordinator, a position required by the Charter.
THIRD, establish that part of what is audited is a Representation Letter, signed by the diocesan bishop, asserting that, to the best of his knowledge:

(1) Each allegation of clergy sexual abuse of a minor, regardless of the means by which the allegation was received or made known to the diocese, is included in the diocese’s victim assistance system;

(2) Each allegation has been handled properly according to civil law;

(3) Each allegation has been handled properly according to Church law (both the universal law of the Church and the Essential Norms);

(4) Each person making an allegation is respected, assisted in presenting their case to the diocese, and provided with appropriate counseling for their spiritual and emotional well-being;

(5) Each priest or deacon against whom an allegation of sexual abuse of a minor has arisen has been accorded the presumption of innocence during the investigation of the allegation;

(6) Each priest or deacon against whom an allegation of sexual abuse of a minor has arisen has been counseled to secure appropriate civil law and canon law assistance;

(7) Each priest or deacon against whom an allegation of sexual abuse of a minor has arisen that is later determined to be unsubstantiated is provided with all possible means to restore his good name;

(8) Each settlement agreement (if the diocese has entered any such agreement with a victim / survivor) does not bind any party to confidentiality unless the victim /survivor requests confidentiality;

(9) Each transfer of clergy in to or out of the diocese (if such a transfer has occurred) has been made in accord with the stipulations of the Charter; and

(10) Each part of the “safe environment” programs established by the USCCB in compliance with the Charter, as well as each part of all other policies and procedures required by the Charter, has been implemented in the diocese.

FOURTH, establish that the auditor is authorized to review all files directly related to any clergy sexual abuse case, as well as any other files that the auditor considers pertinent to the audit of each diocese.

FIFTH, inform the local community at large before an audit begins that an audit of the diocese is about to begin and invite interested persons, especially victims / survivors and clergy who have been accused, to contact the auditor to provide whatever comments the person might choose to make.

SIXTH, require that the Essential Norms be audited along with the Charter. While the Charter is a profound, important, and morally binding document, it does not actually stand as Church law. The Essential Norms, however, has been established as Church law. However, in June of 2010 I learned that the scope of the audit as established by the USCCB is of the Charter only, not also of the Essential Norms. In other words, that which is legally binding on dioceses (Essential Norms) is not audited, while that which is not legally binding (Charter) is audited.

Consider this. Article 5 of the Charter addresses the bishops’ commitment to remove from ministry all priests and deacons who have committed even one single act of sexual abuse of a minor. Specifically stated in Article 5, adherence to the Essential Norms is required in fulfilling that Article. But, because of the USCCB policy that the Essential Norms is not audited, the auditor would not be allowed to verify the bishops’ fulfillment of the commitment made in Article 5. So, who is verifying that this commitment actually is being fulfilled?

Here is a living and practical example. This audit issue regarding the Essential Norms is at the core of the concern that I raised more than a year ago with the Diocese of La Crosse (Wisconsin). Article 2 of the Charter addresses the establishment and functioning of a review board in each diocese. But, some critical procedural rules governing the review boards are found in the Essential Norms, which is not audited. Consequently, the use of an incorrect standard of proof norm by the review board of the Diocese of La Crosse, as shown on the diocesan website, would never be discovered by the auditors because the required standard of proof norm is found in canon 1717 of the Code of Canon Law and the application of this canon is specified in Norms 2 and 6 of the unaudited Essential Norms, not in the Charter. As a result, I contend, children and young people in that diocese could be at risk today. Actually, my concern with the Diocese of La Crosse still continues. It has not been resolved. And if this can happen in one diocese, it also can happen in other dioceses.

Furthermore, as my awareness about this flawed audit policy and its implication in the Diocese of La Crosse developed a year ago, I issued two Open Letters that explain my concerns in detail. Soon thereafter, the Milwaukee Journal Sentinel published an article explaining my concerns and in that article an official of the USCCB confirms my statement about what gets audited. This article also contains links to my two Open Letters. Here is the link to that MJS article: http://www.jsonline.com/features/religion/97208219.html

SEVENTH, publish via the internet the detailed audit report concerning each diocese, including the Representation Letter signed by the bishop, so that the public can have access to each report. Indeed, thorough and honest reporting is crucial to rebuilding trust.

EIGHTH, publish via the internet an annual report concerning the requirements of the Charter that are the direct responsibility of the USCCB, not of the dioceses, so that the public also can have access to this report. Examples of the information to be included in this report would be:

(1) Activities of the Committee on the Protection of Children and Young People;

(2) Activities of the Secretariat of Child and Youth Protection;

(3) Activities of the National Review Board;

(4) Communications with the Conference of Major Superiors of Men;

(5) Communications with the Holy See; and

(6) Efforts to strengthen programs for initial priestly formation and for the ongoing formation of priests.

Archbishop Dolan, in many ways the Catholic Church’s handling of its clergy sexual abuse crisis has generated scandal. But, I am confident that improving the oversight of the Charter and its related Essential Norms by means of enhancing the diocesan audits truly can begin to turn that tide and provide an opportunity to rebuild trust. So, I reiterate my call for the USCCB as a group and for each diocesan bishop in his diocese to implement these recommendations.  

Thank you for your attention and I await your public response.

Sincerely yours in Christ,
Reverend James E. Connell, JCD
Pastor of Saint Clement Parish and Holy Name of Jesus Parish
Sheboygan, Wisconsin
(Archdiocese of Milwaukee)