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A proposal: Look to Civil law to reform parishes
The parish is the primary institution where the church lives out its life. “The parish is a beacon that radiates the light of faith,” Pope Benedict XVI said in December. “Thus it meets the most profound and authentic desires of the human heart, giving meaning and hope to the lives of individuals and families.”
The pope speaks of an ideal. The reality in the United States’ 19,000 parishes is, unfortunately, quite different. Far too often, the local institution designed to radiate the light of faith is dulled by structures that impede the church’s mission.
The evidence is abundant: In the past 50 years weekly Mass attendance has plummeted to the low 30 percent range, vocations to the priesthood and religious life have been decimated, a priest culture has emerged that has enabled illicit and criminal behavior to exist, and the moral authority of bishops is near record lows. The sexual abuse scandal alone has cost the church over $1 billion. Four dioceses have raced to civil courts seeking bankruptcy protection. The actual opportunity costs -- the money that could have, should have, been spent to further the mission of the church -- are beyond calculation.
There are, of course, many reasons for parish decline. One thing, however, is clear: Lay executives responsible for this kind of performance would be fired and a massive reorganization would take place, but not so in the Catholic church.
The parish governance model is broken and in need of an overhaul.
Parishes are the creation of two distinct legal systems -- state civil law and canon law. Under canon law, the laity act simply as advisers to the pastor, who controls all parish authority. As a result, the civil character of parishes is woefully underdeveloped. The application of state civil law is depressed, superseded and replaced by church law.
From a civil law perspective, the Catholic parish governance model contradicts almost every reasonable and prudent course of action found in the secular world. No one would ever vest all civil law authority, directly or indirectly, in the hands of a single person. It also violates the theological concept of stewardship. Since church law will not change in the foreseeable future, we should look to state civil law to solve some of the noncanonical problems parishes face.
In my state, Connecticut, parishes are created under a state civil law known as the “Religious Corporation Act.” The Catholic church subsection of the act is incredibly thin in terms of what the state requires from the parish corporation. There is token representation of two lay trustees appointed on an annual basis. The ex officio, or permanent, members of the parish corporation are the bishop, the vicar general (almost always a priest) and the parish pastor (always a priest).
According to the sacrament of holy orders, the candidate for the priesthood swears an oath of obedience to the bishop. The bishop appoints pastors, removes pastors, reassigns pastors and takes the lead in defrocking priests. Given that the bishop controls the two ex officio members of the parish corporation, the vicar general and the pastor, and that the two lay trustees are removable annually, the bishop de facto controls the parish corporation.
In operation, it is simply impossible for the bishop and vicar general to attend bimonthly or monthly meetings of each parish corporation (a frequency that is reasonable). The bishop, therefore, effectively controls the parish in absentia.
Meanwhile, conflicts abound. The bishop, for example, needs the cooperation and support of pastors to raise money through the bishop’s annual appeal. The diocesan funding source, the “cathedraticum” or tax on ordinary parish revenue, funds the daily operations of the diocese. But pastors can reduce their contribution by accounting for large “ordinary” gifts as extraordinary revenue, not subject to the diocesan tax. In addition, the bishop lacks the practical ability to “fire” pastors for managerial lapses. The conflicts of interest and the inability to remove pastors for managerial lapses are fatal impediments to authentic and permanent reform.
The third problem is the limited role, and number, of lay trustees. It is often the case that trustees are friends of the pastor and not particularly competent in finance, risk management, investments and so on. The primary duty of trustees is to sign a single form signifying that an annual meeting of the parish corporation has taken place among the bishop, vicar general, pastor and the trustees. The ability of the bishop to remove lay trustees annually impedes the work of trustees.
Similar structures -- whether parishes exist under the direction of a “corporation sole” or in cases where nominal representation by lay trustees exists -- are present throughout the United States. Any reform of the governance structure of Catholic parishes needs to begin with an immediate reform of state laws that vest, directly or de facto, all civil law authority in a single person.
Citizens of goodwill and state legislators should seek well-run Catholic parish corporations because the church is the largest provider of health, education and social services outside the government. Parishes serve as anchors to their communities. We the faithful -- bishops, priests, deacons and laity -- need to step forward and craft changes to state laws that produce a governing structure that allows for the best of our vocations to the priesthood and the diaconate and to the married and single life to blossom in an environment of mutual respect and understanding.
Any new governance model needs to preserve certain elements of the current model, while it changes others. A governance structure is needed that protects the bishops, pastors and priests from overreaching laity, while the laity need a structure that makes room for real participation and protection from overreaching bishops, pastors and priests.
What would a new governance model look like? It is critical to separate out the key duties that the bishop must always control from those he does not. These “reserved powers of the bishop” should include theology, dogma and catechetics, sacraments and their implementation, appointment and removal of pastors and priests, and approval of any parish corporation bylaw change.
The “general administrative powers” that each parish corporation board should control include: creation of a strategic plan, budgets and spending policies; lay personnel policies (hiring, firing, performance evaluations); establishment of bylaws, financial control mechanisms, and annual audits; and creation of board committees in such areas as risk management, audit, investment, finance, evangelization and so on.
With respect to the general administrative matters, each member of the parish corporation board would have one vote irrespective of the member’s vocation. As a result, for all general administrative matters the lay members of the board, along with the bishop or his representative, and the pastor, would each have one vote.
The idea of reserved powers is common among Catholic hospitals and health systems. It is not new. What is new is thinking how best to bifurcate governance powers in a way that preserves the bishop’s fundamental control of theological, dogmatic and sacramental matters, while creating new ways for the laity to participate in an authentic, full and meaningful manner.
Thoughtfully proposed changes would preserve key elements of the office of bishop, while strengthening numerous administrative capabilities in running a parish. In this way, the managerial duties become dispersed among many talented people, not concentrated entirely in the pastor. This would be a tremendous benefit to overtaxed pastors and priests. The bishop, pastor and the laity become co-responsible for the parish, enabling all stakeholders to have an authentic and fitting role aligned with the gifts of each vocation and enlivened by a right to vote.
Tom Gallagher, a graduate of The Catholic University of America’s law school, is a former parish trustee and former Wall Street securities lawyer. He is an investment management professional and also runs a start-up company. He lives in Riverside, Conn.
Published National Catholic Reporter, March 9, 2007




Congratulations!
Congratulations!
Mr. Gallagher, the model of
Mr. Gallagher, the model of church or ecclesiology you propose was reintroduced at the Second Vatican Council and was the model in play duringt the early years of the United States. The challenge that greater lay control of parishes is that the current group of bishops are not of this mind set and they will point you to the problems of lay trusteeism that the Council of Baltimore faced. If you took a vote of the parish priests I suspect that the model of church you propose would pass with a large margin but you have to realize all the power is in the bishops ring. I applaud your attempt at a reasonable attempt to work with our civil laws and tapping the great potential of the millions of lay catholics in the U.S. but the Bishops simply do not have the capacity to change, there job is maintain the roman institution.
Although Mr Gallagher raises
Although Mr Gallagher raises interesting points, it boils down to this: who do you want running your parish, the pastor or the laity (i.e., the state)? From the bill, if there are any funding issues, guess who is responsible to "take such action as he deems necessary"? It's the Attorney General.
Hmmm. Do I want Blumenthal making decisions regarding my parish? I'd rather have a less than savvy pastor running things.
A proposal: Look to Civil law
A proposal: Look to Civil law to reform parishes. I don't mean to be too critical of that statement by Tom Gallager, graduate of the Catholic University of America's Law School, etc.,but, SNAP, VOTE and a number of other organizations have been very ,very unsuccessfully been trying for years to make changes in how the Church has been run by a mear handful (about 180) bishops in this country. The bisops are all powerful, all controlling, rich beyond belief and you honestly think that any court of this land has the courage to jeopardize their positions by taking on this one family,the most powerful men in this country. If you lived to be two hundred years old, you wouldn't live long enough to see this happen.You are soo wrong. Let's take your statement, "the bishop lacks the practical ability to "fire" pastors for managerial lapes". Are you kidding? He doesn't have to fire anyone. All he has to do is transfer him to KooKoo Mungo. Do you honestly believe that the bishops will ever give a lay person a right to Vote on any council or Board of Directors? If you went to law school, and you know anything about the Catholic Church, you must have heard of Canon Laws. When you can suggest a way to get the federal courts to challenge the power of Canon Laws, I'll listen to what you have to say. Then and only then will reform take place.
A similar model of
A similar model of church-governance, which is proposed by the conneticut bill, is already in place in the Roman Catholic Church of Switzerland. It does definitely not mean the end of the church but establishes a solid system of checks and balances between the pastoral authority of the bishop and the responsibility of the lay-people, at least in the area of what is done with the finances they donate. As finances are vital to an organisation it is possible to execute via this new model of church-governance a certain co-responsibility in the mission of the church. It starts in the parishes and has an impact to the diocesan and national levels of church-finances, as long as they are fund-raised in the parishes and not donated directly. So if anybody is interested in details, how the model will work, you can look to our country of old democratic values, which do not stop at the church-doors.
Further information you may find at the homepage http://www.kath.ch at organisations. These boards are called "staatskirchenrechtliche Institutionen"
Before you talk about who
Before you talk about who runs things, start with who owns things.
Who owns THE MONEY from this Sunday's collection?
Who owns the money that the parish has SAVED over the years?
Who owns the ground and the buildings?
Answer that and you find out who runs things.
As an accountant, that's the way I see it.
The parishioners at Mater Dolorosa Catholic Church in New Orleans were surprised to find out who owned what they thought was their savings. Along with all of the parishioners of parishes that have been closed.
RJ
Seems as if Gallagher
Seems as if Gallagher withdrew this bill today. How in heck did he ever think the state has any right to regulate a Church??
It is sad that you are so
It is sad that you are so dissatisfied with our Catholic Church. I know that if I had the same feelings, I would find another church outside the Catholic Church. In fact, if you want so much control over the church, money, and theology, I would encourage you to start your own.
You write "In the past 50 years weekly Mass attendance has plummeted to the low 30 percent range, vocations to the priesthood and religious life have been decimated, a priest culture has emerged that has enabled illicit and criminal behavior to exist, and the moral authority of bishops is near record lows." I would argue that 50 years is inaccurate, and that the decline would be closer to Vatican II. (I wasn't even alive until Vatican II had been implemented.)
I'm not a lawyer, but in my opinion, the decline has more to do with weak priest who are more interested in happy feelings and feel good sermons than with preaching the word of God. I don't know how many times the priest has an opportunity to address the content of the gospel, but misses the opportunity because the gospel may be to hurtful to some in the congragation. The Eucarist, the focus of our mass, is often times nothing more than a proceedure, not even worth bending a knee for many (communion rails long gone, how many churches have removed the kneelers; some churches even installing dance floors.) Nothing to encourage a deepening in our faith. On the contrary, it does more to weaken the belief in the real presence of Jesus in the sacrament. Without faith in the real presence of our Lord and Savior, the catholic faith is no different from any other. Hence the decline.
Decline is not because of church heirarchy, it is not becuase the state isn't involved in church business. The cause is more of a spirital breakdown than financial breakdown.
Thank you! Excellent point.
Thank you! Excellent point.
You've got to be kidding...
You've got to be kidding... Do you honestly believe that this publication is a honest appraiser of the problems with American Roman Catholic parishes? What is wrong with the Church is precisely the garbage that this rag spews. The Church needs to keep connected with its past, with the foundation laid by the Lord, not by the namby pamby "spirit of the council" mess.
I agree that parishes and
I agree that parishes and other church institutions should have some civil oversight. I've seen too many abuses by bishops and other church leaders in this regard.
Well, the grossly bigoted and
Well, the grossly bigoted and unconstitutional Bill 1098 was just withdrawn from consideration by the legislature in Connecticut. Mr. Gallagher's proposal eventually led to that travesty, the clearest example of anti-Catholic hatred I have seen in the United States in a long time. I suppose that Messrs Lawlor and McDonald, the sponsors of the disaster, will now scurry back to their Know-Nothing lodge and try to disavow any connection to the bill.
Back to school, Mr. Gallagher. If you find a copy of the U.S. Constitution, have someone read it to you, then send Lawlor and McDonald photocopies.
Te Deum laudamus.
Only a lawyer who dozed
Only a lawyer who dozed through his constitutional law classes could make the proposal outlined in this article.
Lawyers may think otherwise, but the rest of us recognize that the government doesn't exist to fix every perceived slight, offense, or cause of unhappiness in a person's life. Religious bodies are voluntary associations that are afforded special constitutional protections from government interference. If you don't like the way a religious body is run, don't join or leave. Don't try to get a law passed to force everyone to do things your way.
Lawyers who propose legislative "solutions" to change perfectly legal and moral behaviors that they don't like remind me of whiny little kids who threaten to have their big brother beat up people with whom they disagree.
Please, keep your legal hands off the Church, and tell your Orwellian Big Brother to step down too.
Thank You,
Bill
I disagree that "radiate(ing)
I disagree that "radiate(ing) the light of faith is dulled by structures that impede the church’s mission." Instead, the light has been covered, not by structures, but rather by unfaithful Catholics who have covered the light with a bushel basket for too many years. The evidence referred to in the article is actually the result of the unfaithful trying to change the Church from the inside, either overtly, or by omission of Church teachings by many clergy, religious, and lay people.
It's time that those, who don't believe what the Catholic Church teaches, to have the integrity to leave.
The reform of parishes will come when faithful Catholics can shine their light to the world without interference from unfaithful Catholics.
I disagree that "radiate(ing)
I disagree that "radiate(ing) the light of faith is dulled by structures that impede the church’s mission." Instead, the light has been covered, not by structures, but rather by unfaithful Catholics who have covered the light with a bushel basket for too many years. The evidence referred to in the article is actually the result of the unfaithful trying to change the Church from the inside, either overtly, or by omission of Church teachings by many clergy, religious, and lay people.
It's time that those, who don't believe what the Catholic Church teaches, to have the integrity to leave.
The reform of parishes will come when faithful Catholics can shine their light to the world without interference from the unfaithful Catholics.
Linda, you said, "it is time
Linda, you said, "it is time for those, who don't believe what
the Catholic Church teaches, to have the integrity to leave. To begin with, the poblem is not the Catholic church, it is the bishops that run it. I will not leave the Catholic church but I will die trying to make a change in the leadership that has gotten us to this point. If your happy with the sex abuse crimes, the millions of dollars stolen from Sunday collection, the billions of dollars the biships have used to cover up, the abusive priests and the sex offeners that the bisops have allowed to go Scott free, bless you. You are living in a secluded world. Maybe you need to read more publications than the Catholic publications. Try not to cnfuse the Catholic Church with the leaders of the Catholic Church, or the Holyness of God to the holynes of bishops.
Is it truly possible to use
Is it truly possible to use civil laws to regulate the internal financial policies of a religious organization where membership is voluntary? Though I am not a lawyer, I would bet (a small sum) that the answer is "no". Perhaps the existing Conneticut law is still standing only because nobody has challenged the constitutionality of it.
That aside, the collapse of many dioceses was due to the poor implementation of bad interpertations of Vatican II reforms.
Sir, Your article in essence
Sir,
Your article in essence is calling for the Catholic Church to be run as protestant churches whereby the pastor and bishop are little more then figureheads. This is not to say there is not at least some merit in what you are saying. In theory your article would work. In practice the reality is that once the temporal governance is given over to the laity, it won't be long before they start intruding on the Spiritual. It might be good if you do some research into the problems of "trusteeism" in early Catholic history in this country. Seconldy, even if what you say is right on- it is not the place of the government to force the Church to do anything. The Church is free to run itself how it wants. The government cannot tell the Church how to set itself up. If your suggestions were to be implimented, that should come from the Church, not the government. The government does not have authority in this area.
Finally, a lay run democratic/congregationaly governed Church is contrary to the apostolic mission and nature of the Church. The Church is not a democracy. It never has been and never will be.
I belive Mr. Gallagher's
I belive Mr. Gallagher's previous careers say it all, Wall Street Securities
lawyer and investment management professional. As we all well know from recent events these are not known to be highly moral professionals nor have they been that good at handling other people's money. In newspaper articles they have stated that the impetus for this legislation was the incident in Darien where the priest embezzeled money from the parish. Virtually every religious insitution in American have had embezzlements or other bad acts. There are bad people who do bad things in every group. Yet I do not see Mr.Gallagher feeling the need to pass legislation on these groups regulating how they run their religious institutions. If he had tried to pass an act regulating all religions, he would just be an arrogant narcissist. Someone who believes he knows better than our forefathers who passed an amendment separating Church from State, better than the Supreme Court Justices who have shot down such laws in the past. I believe our founding fathers made it part of the constitution to protect us from individuals like Mr. Gallagher. The fact that he has targeted just one group makes him an arrogant biggot
God bless you, Mr. Gallagher,
God bless you, Mr. Gallagher, for your brave words and stance. Blessed are they who suffer calumny for the sake of the Gospel. You are the good and faithful servant. These scribes and pharisees know not of which they speak. They would be chanting "Crucify Him! Crucify Him!" because He challenged the established, corrupt order. Love one another? These failed students of the Gospel seriously need to return to their exegetical studies. Learning how to spell wouldn't hurt them either. It's just a little difficult to take the illiterate seriously. Seriously.
Thank you! Excellent point .
Thank you! Excellent point .
Thank you Mr. Gallagher "for
Thank you Mr. Gallagher "for your courage in this frightened atmosphere" (lyric by Don McLean).
Change is always our most difficult human task but it is necessary for growth and while the possibilities of change are explored,I for one, would encourage all followers of Christ in our Roman Church to be observed as follows: Look at these Christians how they love one another!
No one position has all the answers; we are the body of Christ, we need each other,we are diminished when any one of us leaves and we are strengthened whenever we enlarge our circle of love and acceptance. Less stridency would serve us all well.
I am in my seventh decade, Catholic school and college educated,and no one can make me leave my church because my ideas about church governance do not agree with theirs.These are matters of administration not faith and morals. Furthermore,if our youth experienced priests actually spending most of their time attending to the spiritual education and welfare of the parishioners instead of finances, building maintenance and parish politics they might be much more attracted to a life of service in the footsteps of Jesus, our model.
My response to Geraldine M.
My response to Geraldine M. Bracken & Tom Gallagher is this. Your both soo right but you offer no solutions. By the way,I'm in my 8th. decade Geraldine and no one can make me leave my church. In fact, my wife of 67 years and I have contributed to the building of 2 churches and a ( now unused ) Seminary. WE MUST GET ACCOUNTABILITY. NO ACCOUNTABILITY = NO CHANGE POSSIBLE EVER AND EVER. uNTIL THEN, MY DIME GOES INTO THE COLLECTION BASKET EVERY SUNDAY. I DON'T WANT ANYONE TO TELL ME THAT BY JUST GIVING A DIME EVERY SUNDAY WILL NOT GET OUR BISHOPS ATTENTION BECAUSE IT WILL. UNLESS YOU HAVE A BETTER IDEA, DON'T STEP ON MINE. YOU WANT CHANGE, GIVE A DIME.
Mr. Gallagher and company
Mr. Gallagher and company literally gift-wrapped a present to those who would like to see the church never reappraise its system of governance. Gee, let's see if the government can fix the church? C'mon, what in God's name were you thinking?!! Please remember it was the government that killed our founder, not to mention did a lot of other nasty things to us over the centuries, and the church has always been at its worst when entangled with the government.
It never ceases to amaze me how -- with few exceptions -- people discontent with the church refuse to use the greatest instruments available to them to change it — prayer, fasting, sacrifice and shaming those who refuse to listen to the call for justice. A liberal reformer will get a much more sympathetic audience by hunger striking outside an archdiocesan office than by lining up a bunch of politicians on his or her side to bully the church. If God is truly on your side, SHE will bless you and keep you. If not, you'll crash and burn and deservedly so.
Running like police state ninnies to a legislature to get your way is so far beyond the pale of thoughtlessness that it makes me question the sanity of any kind of so-called reformers. When you need the state to win a battle of faith, you've lost already. Many clerics, indeed many conservatives and moderates, want the church to shape up as much as do liberals, but not at the end of a police state baton.
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