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PDF versionParishioners sue diocese, claiming financial mismanagement
by Tom Gallagher on Oct. 28, 2011
The suit filed this week by the Friends of Mater Dolorosa is in response to a suit filed by the diocese seeking to the removal of the parishioners.
In a new twist to the fractured relationship between parishioners of the closed Mater Dolorosa Parish in Springfield, Mass., and the Springfield diocese, which is trying to actually close the parish, the parishioners have filed a lawsuit alleging mismanagement of parishioner-donated funds.
To my recollection, this particular claim could be a first for lawsuits against a diocese. It could have wide-ranging implications, as the governance of parishes under state law is usually controlled by priests and bishops (i.e., the pastor and diocesan vicar general).
Priest-pastors, of course, promise obedience to the bishop on ordination day. It has always been puzzling how a pastor, as a fiduciary under civil law, can act independently of his bishop to whom he has promised obedience.
Funds donated to charities, even faith-based charities, have to comply with state statutes and a board's fiduciary duty to manage such donations appropriately. Of course, in this environment, the diocese may deploy some religious liberty right to the mismanagement of donations by parishioners. It will be interesting to watch.
Parishioners holding vigil at a Holyoke church closed by the Roman Catholic Diocese of Springfield have filed suit against the diocese alleging mismanagement of parishioner-donated funds, civil rights violations and inflating estimated repair costs.
If more diocese's around the
If more diocese's around the world had the courage to do the same, there would be better accountability and less mismanagement of church funds.
When it comes to sexual misconduct by clergy, many cases bringing children into the world [and abandoning them that is], it's "they're only human" and the taxpayer forced to pick up the tab, [in most cases anyway], although there always seems to be a Archbishop's "Charitable Fund".
This is another kettle of fish, well maybe.
Every parish in the country
Every parish in the country can sue for mismanagement of donated funds!
Let's do it.
Regarding: "In a new twist to
Regarding: "In a new twist to the fractured relationship between parishioners of the closed Mater Dolorosa Parish in Springfield, Mass., and the Springfield diocese, which is trying to actually close the parish, the parishioners have filed a lawsuit alleging mismanagement of parishioner-donated funds."
- Perhaps such a civil law suit will force, albeit unintentionally, the dioceses in the US into compliance with canon law that mandates that the patrimony of a parochial church remains with that church. That is the dioceses will no longer be allowed to alienate the pariochial patrimony to the benefit of the local church, that is, to the benefit of the bishop and his projects or debts.
- This lawsuit will also require the regional church in the United States to deal with the fact that it is bad policy to limit the number of parishes in the diocese to the number of presbyters. That is, parishes can and do exist without benefit of a presbyter in place because the offices of parochial pastor, however they are named, in and of itself has little to do with the presbyterate. Perhaps then this will stop the ridiculous trend to mega parishes which are designed so that the bishop maintains temporal control on the parochial patrimony through a presbyter.
"- Perhaps such a civil law
"- Perhaps such a civil law suit will force, albeit unintentionally, the dioceses in the US into compliance with canon law that mandates that the patrimony of a parochial church remains with that church."
Could you be so kind as to quote the relevent Canon Law, in case my small, rural NE Oregon parish with one of the largest endowments in the Baker Diocese should someday need that reference?
Regarding: "Could you be so
Regarding: "Could you be so kind as to quote the relevent Canon Law, in case my small, rural NE Oregon parish with one of the largest endowments in the Baker Diocese should someday need that reference?"
- How a bishop treats the patrimony of parish is in part dependent on the diocese's civil law organization. However in church law: Parishes have the right to acquire, retain, administer and dispose of their own goods and property (cc. 1255-1256). Each parish is required to have a finance council (c.537). Temporal goods that belong to the parish that purchased or inherited them are the responsibility of the parish and the parish makes decisions regardng them.(c.1256)
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