Vol 34_3 Herald Newsletter_Summer 8-31-2023

INSIDE

Editor's Note:

On Page 5 of this edition of the DFMC Herald, we are pleased to share a new feature: the DFMC Sponsor Guest Column.

We will occasionally include original, exclusive guest columns from leaders within our community of sponsors moving forward. These columns will be insightful and relevant, and cover topics related to professional practice and furtherance of the Church's Mission.

This edition's submission from Mr. Robert Smedley, CEO of The Matthias Group, certainly meets that standard. The Matthias Group has sponsored DMFC for more than two decades.

Message From the 2023 dfmc site chairman

The Archdiocese of Denver and our Archbishop, The Most Reverend Samuel J. Aquila, look forward to welcoming you next month to the Mile High City, Denver, the host city for the 2023 Annual Meeting of the Diocesan Fiscal Management Conference. It is a great honor to serve you all as this year’s Site Chairman, and to contribute in a very special way to this significant event.

The Archdiocese of Denver’s history is connected to the story of the early American settlement of the western United States: The Gold Rush, Transcontinental Railroads, and Denver’s status as the regional center of the Intermountain West of our Nation from the 1850s through today. The first Catholics that came to Northeast Colorado were Spanish explorers in the 1540s, but it was not until 1860 that a permanent presence coalesced in Denver. That year, Fr. Joseph Projectus Machebeuf founded Denver’s first Catholic parish, celebrated the first Mass there on Christmas Eve, and he would go on to found Denver’s first Catholic school, college, hospital, convent, and numerous other institutions. Bishop Machebeuf died in 1889, two years after Pope Leo XIII named him Denver’s first bishop, and three decades into his successful project building up the Church in Colorado. In 1993 – thirty years ago this Summer – Pope Saint John Paul II visited Denver and celebrated World Youth Day here. That momentous occasion lit a fire in the Archdiocese that has grown brighter each year and energized the entire American Church in a transformative way.

Our Archdiocese serves just over 600,000 Catholics through 148 parishes, stations, and missions. There are 180 Catholic religious communities in the Archdiocese of Denver. We serve the northern third of Colorado’s land area: 25 counties and communities as urban as Denver and as rural as Dinosaur, population 243. Over 320 priests and nearly 200 deacons serve the Faithful in the Archdiocese, and 35 Catholic schools form our children morally and intellectually. There are not one but two Denver seminaries full of men preparing for Holy Orders. The volume of service to the poor by Catholics in the Archdiocese is far too vast to describe here, and it is widely recognized throughout our state. Many Catholic apostolates of international renown make their headquarters in Denver; representatives of some of these will contribute to

DFMC 2023. The breathtaking Cathedral Basilica of the Immaculate Conception, the endpoint of our first-ever DFMC Eucharistic Procession on Tuesday afternoon of this Conference, is the perfect place to be close to Jesus Christ and his Mother.

Denver is the capital and most populus city in Colorado. It has been ranked several times by U.S. News & World Report and other publications as the best place to live in the United States. Few locations offer the combination of a big city with all the career and cultural opportunities you would expect, alongside world-class outdoor recreation, four distinct seasons, and a true community feel that makes a large town feel small. A true sports city, every major professional league has a local franchise including the Colorado Avalanche (the National Hockey League’s 2022 champion), the Denver Nuggets (the National Basketball Association’s 2023 champion), and hopefully the future 2024 Superbowl champion Denver Broncos. (To keep us humble and our prayer life active, we have the Colorado Rockies.) In recent decades, Denver’s population has exploded as people from across America and around the world have relocated here seeking all that Northern Colorado has to offer.

The program agenda for DFMC 2023 is extraordinary. The acclaimed Array of Hope band will kick things off on Sunday night with a concert for DFMC members, following welcoming remarks from Archbishop Aquila. Top speakers include USCCB President Archbishop Timothy Broglio, Sister Maris Stella of the Sisters of Life, Rick Popp, Curtis Martin, Dr. Tim Gray, Margaret Kelly, Jane Nemcova, and many others. Each day we will engage with bishops of the Church and meet with other leaders in our profession. The liturgical and spiritual offerings exceed anything DFMC has ever offered before, and you will enjoy plenty of opportunities to meet service providers to dioceses of the Church – who are better represented this year than ever. My hope is that you return home from Denver enriched and fulfilled spiritually, professionally, and socially – motivated to make ever-greater contributions to your team and Christ’s Church.

On behalf of all of us here in Denver, safe travels and Godspeed to all 2023 DFMC attendees! I look forward to greeting you soon and sharing a memorable conference experience together.

Sincerely yours in Christ,

Keith Parsons - Chief Operating Officer Archdiocese of Denver

BOARD OF DIRECTORS

Sheila R. Murray President Diocese of Greensburg

Jo Willhite Vice President Archdiocese of Portland in Oregon

Debbie Swisher Treasurer Diocese of Lexington

Keith Parsons Secretary/Site Chairman Archdiocese of Denver

Most Rev. Barry C. Knestout Episcopal Moderator Diocese of Richmond

John Matthew Knowles Executive Director Mac Bryant Diocese of Manchester

Tammy DiLorenzo Diocese of Biloxi

Michael McGee Diocese of Richmond

Carla Mills

Archdiocese of Kansas City in Kansas

Jorge Montenegro Diocese of San Bernardino

Shirley Pajanor Diocese of San Diego

Dn. Eric Simontis Diocese of San Jose

Timothy Thomas Diocese of Marquette

Welcome to the DFMC!

Please give a warm welcome to recent members to the DFMC. You can send them a welcome note on the DFMC Member Portal.

• Mr. Michael F. Acquilano

Chief Operating Officer, Charleston

• Rev. Vincent Ajayi

Episcopal Vicar for Temporal Affairs, Biloxi

• Ms. Kathy Allen

Director of Finance, Monterey

• Deacon Mark Arnold

Risk Manager, Corpus Christi

• Ms. Almira Rosiel Balagtas

Accounting Manager, Agana

• Mr. Stephen Becht

Chief Financial Officer, Fort Worth

• Rev. Victor Blazovich

Vicar for Finance, Spokane

• Mr. Doug Blum

Controller, Santa Rosa

• Mr. Mark Brummer

Controller, Springfield in IL

• Mr. Andrew Castillo

Senior Major Gift Officer, Denver

• Mr. Steve Chargin

Director of Finance and Operations, Pueblo

• Ms. Allegra Davis

Internal Audit, Atlanta

• Ms. Teri Dawn

Controller, Monterey

• Ms. Karla De Leon

Bookkeeper, San Bernardino

• Ms. Kelly Engelbert

Chief Financial Officer, Charleston

• Ms. Kaitlyn Fariello

Sr. Accountant, Charleston

• Mr. David Flores

Assistant Controller, San Jose

• Mr. Rosio González

COO, San Jose

• Mr. Tomás González

Vicar General, San Juan

• Ms. Magdalena Guzman

Accounting Clear, Mayaguez

• Ms. Martha Hultzman

Assoc, Spvsr., School Fin. & Oper.,

Boston Catholic Schools

• Mr. Vincent Jarbow

Chief Financial Officer, Chaldean Eparchy of Saint Thomas the Apostle

• Mr. Edward Johnson

Staff Accountant, Houma-Thibodaux

• Ms. Mary Joplin

Assistant to Finance Officer, Monterey

• Ms. Kathleen Khoury

Director of Human Resources, Orange

• Mr. Ron LaPlante

Internal Auditor, Manchester

• Ms. Grace Lee

Controller, San Francisco

• Mr. Phil Macias

Chief Financial Officer, Jefferson City

• Mr. David Mehr

Spec. Ministry Campaign Dir. & Sr Exec, Denver

• Ms. Neema Mollel-Mbonika

Deposits & Loan Manager, Atlanta

• Ms. Janet O'Connor

Operations Coordinator, Oakland

• Mr. Keegan O'Rourke

Director of HR Operations, Denver

• Mr. Jack Ong

Director, Strategic Technology, Vancouver

• Ms. Monica Quiroz Peterson

Parish Auditor, Brownsville

• Mr. Richard Pommainville

Chief Administrative Officer, Ottawa-Cornwall

• Ms. Brittany Prigge

Accountant, St. Cloud

• Ms. Rosa Liz Santos Rivera

Vicariate of Administration, Fajardo Humacao

• Mr. Jose Rodriguez

Controller, Colorado Springs

• Ms. Patricia Rodriguez

Multi-Parish School Accounting Mgr., Beaumont

• Dcn. Steven Rosenzweig

Deacon, Melkite Diocese of Newton

• Ms. Amanda Schroeder

Director of Parish Admin. Services, Madison

• Ms. Lisa Schwendenmann

School Financial Liaison, Arlington

• Ms. Connie Shepherd

Dir., Strategic Projects Fin. & Oper., Vancouver

• Ms. Susan Sigler

Controller, Charlotte

• Mr. Marc Snedden

Assistant Dir. of Insurance & Risk Mgmt., Seattle

• Ms. Lisa Stetson

Staff Accountant, Wheeling-Charleston

• Ms. Sonja Sweetney-Ransome

Controller, USCCB

• Mr. Eugene Thibodeaux

Director of Human Resources, Birmingham

• Ms. Madison Threatt

Sr. Accountant, Charleston

• Mr. Marcus Valerio

Chief Financial Officer, Las Vegas

• Father Kevin Waymel

Las Cruces

• Ms. Sarah Wigand

Mgr. Mission Support & Oper., Denver

• Mr. Sarah Wolfe

Manager of Mission Support & Operation, Denver

• Ms. Jenny Zelik

Controller, Indianapolis

• Ms. Sherry Zelik

Finance Accounting, Peoria

The CDFM Exam is a challenging, thorough test of knowledge across sixteen core competencies. Those who attain the CDFM distinguish themselves as extremely well qualified within the profession, and enjoy commiserate peer recognition as a result.

DFMC and Villanova Center for Church Management have invested in these preparation courses to ensure that you have all you need to prepare for and pass the CDFM Exam.

Below is a sampling of the 16 prep courses.

The Certified Diocesan Fiscal Manager credential represents the pinnacle qualification for a diocesan financial executive.

DFMC MEMBER PROFILE: Deacon Kevin Lander

With God, All Things Are Possible: An Interview with Deacon Kevin Lander

by Jeanette Fast Redmond

“It’s trying to find the most elegant and best solution to a problem,” he explains. “There are many ways to solve it, but you want to do it in a simple yet elegant way that really meets the needs of the person you’re solving the problem for.”

Viewed through a spiritual lens, the “art of the possible” through God’s grace also describes how Deacon Kevin discerned his vocation and later came to work for the Diocese of Pittsburgh.

In 2003, when his mother-in-law became seriously ill, he started attending daily Mass. Then he had an “interesting experience” when he and his wife, Maureen, went to a restaurant for a much-needed break.

“A deacon that we knew was sitting at a table near us, and we’re sitting there having dinner,” he recounts. “And I literally heard this voice saying to my wife, ‘I think I want to become a deacon.’”

“I started looking around, wondering where that voice came from. And it was me that said it,” he says. “It caught my wife off guard as much as it caught me off guard. And that’s where it all started.”

He credits Maureen with bringing him closer to Jesus Christ. “She’s just that way. She’s always drawn me in closer and closer to the Lord. Even now she does.”

He was ordained a permanent deacon in 2011 and is currently assigned to Pittsburgh’s Parish of Saint Raphael the Archangel.

Answering God’s call to the diaconate also started him on a path that led him to work for Pittsburgh’s Bishop David Zubik after a 28-year career in banking.

“I’m one of a few deacons that are assigned to a parish, but I’m also assigned as one of the bishop’s masters of ceremonies,” he explains. He had been an MC for some time when he and Bishop Zubik discussed finding him employment in the diocese. At the time, no positions were a good fit, so they let the idea drop.

A year later, in 2013, Bishop Zubik offered to bring on Deacon Kevin as an associate general secretary.

“As the Lord always works, things just fell into place. The timing was just perfect,” Deacon Kevin says. “So that’s how it happened. He invited me in May, and I started on September 1, 2013.” A few years later, he became director of operations, and in 2021 he became the diocesan COO.

As COO, he oversees human resources, information technology, insurance, payroll and benefits, facilities management, and day-to-day operations.

“It kind of keeps me in the middle of things all the time. I just love the ability to be able to help other people and to solve their problems,” he says. With operations, “there’s always something

new and challenging happening, and it’s just that challenge that always keeps me going.”

The diocesan finance officer—Robert J. Costantino, a close friend—is responsible for all central accounting, finance, and the diocese’s general financial well-being.

“He and I work very closely together,” Deacon Kevin says. “Very seldom does one of us make a decision without running it past the other.”

As COO, the deacon takes seriously Christ’s example of servant leadership.

“One of my employees reminds me of this all the time: When I first took over this role, she thought, ‘Oh, this is just another one of those managers who is going to be cold and aloof,’” he says. “She was shocked when she would see me. Because if something needed done, I would just jump in and help do it.”

He first learned the value of service as a youth. “As a very young teenager, I worked in my uncle’s grocery store, and I loved it,” he reminisces of growing up in small-town Lucinda, Pennsylvania. “I just loved waiting on people and taking care of them and helping them out. And that has stuck with me from those early, early teenage years.”

“From my perspective, if it’s a job that needs to be done and I’m not willing to help do it, then I’m not being a very good leader,” he says. “I take Jesus washing the feet of his apostles very seriously. I take it seriously because I’m a deacon, but I take it seriously also because I’m a manager and a leader, and I very much jump in and help my staff whenever I can.”

“I learned very long ago as a leader: if you’re willing to lead from behind, that makes a big difference,” he says. “When your staff sees you working with them and getting your hands dirty with them, they have a very different opinion of you. And they’ll do just about anything for you and with you. So that’s what I do.”

His spiritual, service-oriented focus is enriched, in turn, by serving his parish family and especially by regularly serving at the Church’s liturgies.

“One of the blessings of my job is that because I’m a master of ceremonies, I get to be involved in many, many liturgies,” he says. “The liturgical life of the Church really is, as my bishop would say, a ‘shot in the arm’ for my spirituality. I just love liturgy.”

“I find the Liturgy of the Hours just a wonderful, wonderful way to start and to end my day,” he adds, explaining the many spiritual riches that infuse his life. “I’m just blessed to have so many aspects that all just raise me up, especially if I’m having a bad day. Any one of those things are just a great way to just lift me up and just make me be so appreciative of the life God’s given me.”

“I just feel so blessed to have this job,” he says. “I really enjoy the people that I work with. I enjoy the opportunities to work with people. I love being able to work with our business managers. I love being able to work with our priests and our deacons. It’s just been a complete blessing for me.”

“I can tell you that the last 10 years have flown by, and that’s usually the mark of a job that you love. And I definitely love this job.”

Deacon Kevin Lander, the chief operating officer for the Diocese of Pittsburgh, values the “art of the possible.”

DEACON KEVIN LANDER Chief Operating Officer Diocese of Pittsburgh

DFMC SPONSOR GUEST COLUMN by Robert Smedley

Physician-Assisted Suicide’s Impact on Diocesan Health Plans

Physician-assisted suicide, often self-administered via ‘lawful prescription,’ is currently legal in 10 US states (plus DC). This accounts for more than 22% of the U.S. population, and there is a very good chance that the drugs prescribed for this ‘benefit’ are covered by your diocesan health plans! In addition, in almost every state where assisted suicide is not legal, legislation to legalize it has been introduced within the last few years. These assisted suicide laws are often billed as ‘Death with Dignity, ‘Compassionate aid in Dying’, or “Medical Assistance in Dying.” These laws often have similar mandated qualification requirements.

1) 18 years of age or older,

2) capable of making and communicating health care decisions for him/herself,

3) diagnosed with a terminal illness that will lead to death within six months, and

4) have the physical ability to take and ingest the drug.

However, once legalized, jurisdictions tend to amend the law easing these “qualification” requirements. For example, Washington D.C. recently reduced the waiting time between patients' oral requests from 15 days to 7 days. Further, D.C. now allows advanced nurse practitioners (once limited to physicians only) authority to sign off on the ‘procedure’ and it eliminated the two-day waiting period for prescribing the death-inducing drugs. Other states are considering amendments to their laws that would allow for ‘chronic’ conditions (including mental health conditions) instead of terminal illness only.

The Challenge to Employers

Even if a diocese has informed its health carrier, broker, TPA, or Pharmaceutical Benefit Manager (PBM) that it wants to ensure it is not paying for assisted suicide prescriptions, this is far easier said than done. To understand why, it is important to understand the prescriptions that are used for assisted suicide and how they are filled.

Unlike prior authorization requirements or clinical edits that a diocese’s PBM may have for contraceptive or abortifacient drugs (these are relatively easy to identify and edit in accordance with Catholic teaching), there is no agreed-upon single drug or combination of drugs used for ending a human life. Drugs used for medical purposes are required to undergo a stringent approval process to assess efficacy and safety. However, the drugs being used for ‘assisted dying’ have not undergone such a process; the safety and effectiveness of previous and current combinations of lethal drugs are largely unknown. For almost 20 years, the most common lethal drugs used in assisted suicide were high doses of barbiturates, commonly either pentobarbital or secobarbital. As the availability of these barbiturates has become increasingly scarce and expensive in the U.S., alternative drug combinations are now being used.

In states where assisted suicide is legal, two drug combinations, or ‘cocktails’, are currently popular. They are called ‘DDMA’ (diazepam, digoxin, morphine sulfate, and amitriptyline) and ‘DDMP’ (diazepam, digoxin, morphine sulfate, and propranolol).

Each individual drug in these cocktails has a legitimate medical purpose, is low-cost, and is not subject to prior authorization (PA) requirements. For example, diazepam, also known as Valium, was prescribed over 5,000,000 times in 2020 at a cost of less than $15 for a 30-day supply. Drugs like this often fly under the radar with offthe-shelf clinical edits. A PBM would have to invest significant time and resources to build an edit that would track and predict change in the utilization of these medications. Such edits would require (but not be limited to) factors such as dosage, the date the prescription(s) were written, and any other cocktail drugs prescribed within a certain number of days of others in the cocktail. These edits would also need to be flexible enough to allow for adjustments when new drugs may be added or exchanged to current cocktails.

ROBERT SMEDLEY Chief Executive Officer

Clearly, there is a huge difference between a diocese requesting that a PBM not pay for certain drugs used for assisted suicide without disrupting the proper use of these medications, and the ability of the PBM to execute this request.

Further, if a diocese is self-funded but does not have a separate PBM contract, meaning its PBM coverage is part of its medical coverage (referred to as a carved-in plan), there may be little motivation on the part of the PBM to attempt to fulfill the requested clinical edit. Ultimately, the medical plan, not the diocese, is contracted with the medical carrier.

In the case of smaller dioceses with fully insured benefits, there is almost no recourse.

Some Good News

There is some good news. Currently, there are no state mandates that require employers to cover prescriptions for assisted suicide. However, given the current political environment, it would not be surprising if this were to occur. There are also organizations attempting to introduce legislation, at the state level, to protect employers from mandated physician-assisted suicide benefit requirements.

Further, one of the “Big Three” PBMs has recognized that covering the drugs in assisted suicide cocktails may become a major issue for clients who do not want to fund such a ‘benefit’ in their plans. Working with consultants and Catholic hospital systems, this PBM has developed clinical edits designed to identify potential pharmaceutical claims that may be used for suicide, and then deny them. Even then, these edits are in their infancy and only time will tell how effective they are at protecting the Catholic identity of their clients.

The Mattias Group, LLC Completelife.org

Ana Worthington, I. F. (2022, May 04).; Compassion and Choices. (2023, April 6).; Roxanne Nelson, B. R. (2019, August 21).; Santos, M. (2023, April 24).

DFMC BOARD CANDIDATES

ROLLA MCFALL BRYANT, AKA “MAC” BRYANT

REPRESENTING: Diocese of Manchester

POSITION TITLE : Finance Officer & Secretary for Temporalities

NUMBER OF YEARS IN CURRENT POSITION: 6+

NUMBER OF DFMC CONFERENCES ATTENDED: 14-15

DUTIES AND ACCOMPLISHMENTS:

CFO with responsible for the overall strategic and financial decisions of the diocese. Areas directly reporting to me include accounting, parish and school financial services, human resources, real estate and construction, risk management, investments, internal audit, cemeteries, and facilities.

KEY CCOMPLISHMENTS:

• CPA and CDFM Certifications

• Active DFMC Board. Current member of the Planning Committee and past member of the Audit Committee

• Initiated an annual Catholic Appeal for the Diocese of Manchester

• Reduced Assessments

• Started Parish bookkeeping services department

• Built the Internal Audit Departments at the Archdiocese of Denver and the Diocese of Manchester

• Started the Internal Audit Network at the DFMC conference (hosted first few years of internal audit forums)

• Past presenter at the DFMC – How to Build an Effective Internal Audit Department

BACKGROUND PRIOR TO WORKING FOR THE DIOCESE:

Prior to working as CFO at the Diocese of Manchester, I worked for the Archdiocese of Denver as Director of Internal Audit for over 11 years, where I managed a team of 5 parish and school internal auditors. I have an additional 15 years of work experience in internal audit, external audit, operations management, compliance, and customer service at Deloitte & Touche, Ernst & Young, Anthem BCBS, Bankers Trust, and GTE.

ANY PERSONAL INFORMATION:

I am happily married with four wonderful girls and have attended most conferences with my family.

PAST NOT-FOR-PROFIT ACTIVITIES:

• Ran the Sister Kathleen Mission as president for 15+ years. Raised over $500,000 to support self-help programs and support an orphanage in Africa.

• Active member of the board of Directors of a medium size non-profit health care clinic in Denver, CO for approximately 9 years.

• Officer (Treasurer) in the Knights of Columbus.

• Current - Knight of Holy Sepulcher.

EDUCATION, CERTIFICATIONS, ETC.:

• Loyola Marymount University, BS Accounting

• CPA - California (expired); Colorado (expired); New Hampshire (Current)

• CDFM – 2016 (current)

• PAHM (expired) – Professional, Academy for Healthcare Management

PARISH/CHURCH AFFILIATIONS:

Saint Stanislaus Parish, Nashua, NH

CECILIA COLBERT

REPRESENTING: Diocese of Dallas

POSITION TITLE : Chief Financial Officer

NUMBER OF YEARS IN CURRENT POSITION: 7

NUMBER OF DFMC CONFERENCES ATTENDED: 6

DUTIES AND ACCOMPLISHMENTS:

I oversee financial operations for the Diocese and its related entities, which includes 77 parishes, 29 schools, 2 seminaries, and multiple cemeteries. My responsibilities include management of a staff of 25 and the following departments: Pastoral Center Accounting & Finance, Risk Management / Contracts, Property & Casualty Insurance & Claims, Purchasing, Shared Accounting Services, the IT function and the St. Raphael Retreat Center (Conference Center).

I also current serve on the Board of John Paul II High School and the Endowment Boards of Bishop Lynch and Bishop Dunne High Schools. I am also privileged to currently serve as the leader of our regional fiscal managers group - Diocesan Fiscal Managers of Region Ten (DFMRT).

KEY CCOMPLISHMENTS:

• Led the effort to separately incorporate all parishes and properties of the Diocese, resulting in risk mitigation

• Implemented first HRIS and updated centralized payroll processing software for all entities of the Diocese

• Improved reporting and efficiencies for Pastoral Center through implementation of new accounting system and ACH debit for Pastoral Center invoices.

• Led the Diocese through COVID-19 pandemic, garnering $35M in first and second round PPP loans, to sustain continued operations of parishes and schools

• Grew shared accounting services function to 36 entities, resulting in month-end close efficiencies and improved financial reporting

• Conducted RFPs for Diocesan property and casualty insurance coverage, electricity, HRIS / payroll system and external audits

• Revitalized Diocesan Business Managers network to improve effectiveness as a practical and learning community.

BACKGROUND PRIOR TO WORKING FOR THE DIOCESE:

I earned my CPA designation and began my career in public accounting with KPMG and then moved on to work in accounting and finance for a number of organizations including Neiman Marcus (8 years), VHA, Inc. (a cooperative of not-for-profit hospitals – 10 years) and The Art Institute of Dallas (4 years). I then worked as the National Director of Reporting for the American Heart Association (3 years) just prior to joining the Diocese.

ANY PERSONAL INFORMATION:

I have been married for 22 years to my wonderful husband, Calvin. We have two daughters, Maddie and Sophia. Maddie is a sophomore at the University of Notre Dame (Go Irish!). Sophia is a Junior at Ursuline Academy – an all-girl Catholic High School in Dallas.

EDUCATION, CERTIFICATIONS, ETC.:

CPA – since 1989; Master’s of Business Administration – 2000

PARISH/CHURCH AFFILIATIONS:

My family and I currently attend St. Rita Catholic Parish in Dallas, Texas – where I have served in Children’s Ministry and am currently serving as a Eucharistic Minister.

DFMC BOARD CANDIDATES

CARLA K. MILLS

REPRESENTING: Archdiocese of Kansas City in Kansas

POSITION TITLE : Chief Financial Officer, Division Secretary for Human and Material Resources

NUMBER OF YEARS IN CURRENT POSITION: 10

NUMBER OF DFMC CONFERENCES ATTENDED: 10

DUTIES AND ACCOMPLISHMENTS:

Lead the Accounting, Human Resources, Internal Audit and Pastoral Center departments and serves on the Archbishop’s leadership team. During tenure have standardized payroll across the archdiocese and subsequently switched vendors (2 archdiocesan-wide implementations in less than 4 years). Outsourced pension administration and implemented new 401(k) and 403(b) plans and switched record-keeper. Automated the collection of self-insured health and dental premiums which eliminated overdue balances and significantly improved cash flow. Re-designed and converted chart of accounts mid-year (by necessity, not choice) and implemented new reporting and budgeting system. There is more, but I don’t have time…

Serve on a number of boards including the Diocesan Fiscal Management Conference, the Catholic Benefits Association and Catholic Cemeteries of Northeast Kansas.

Was honored as a Kansas City Business Journal CFO of the Year in both 2013 and 2022.

BACKGROUND PRIOR TO WORKING FOR THE DIOCESE:

Background in non-profit accounting with Catholic Charities of Kansas City-St. Joseph. Prior to joining the non-profit world, was Vice President of Finance for an investment management company and a senior finance manager for a pharmaceutical company. Earned CPA license after beginning career with Ernst and Young.

ANY PERSONAL INFORMATION:

• Single, no kids, 2 cats, 8 godchildren

• Loves Kansas State, KC Chiefs and Dallas Cowboys

• Highly values a good sense of humor and likes to hear varying viewpoints on many subjects.

EDUCATION, CERTIFICATIONS, ETC.:

• BS Business Administration, Accounting: Kansas State University, Manhattan, KS

• MBA: Rockhurst University, Kansas City, MO

• Certified Public Accountant

PARISH/CHURCH AFFILIATIONS:

• St. Pius X, Mission, KS

• Has been on parish RCIA team since 1995

• Chair of the Board for John Paul II Catholic School

• Lector

• Extraordinary minister of the Eucharist

• Dame Commander with Star in the Equestrian Order of the Holy

• Sepulchre of Jerusalem and a Charter Member of Legatus in Kansas City

If you are nominating someone else, please contact them about their willingness to run.

DEBBIE SWISHER

REPRESENTING: Diocese of Lexington

POSITION TITLE : Diocesan Finance Officer

NUMBER OF YEARS IN CURRENT POSITION: 7 years as Diocesan Finance Officer in conjunction with 22 years as Controller

NUMBER OF DFMC CONFERENCES ATTENDED: 21

DUTIES AND ACCOMPLISHMENTS:

• In addition to serving as Diocesan Finance Officer, Debbie maintains all the responsibilities and functions of the Financial Controller.

• Member of the DFMC Board and the Executive Committee, currently serving as Treasurer for the organization.

• In-charge of the Information Technology relationships for the Curia and is the lead contact for the diocesan-wide internet-based phone system she implemented in early 2020. (Real blessing when COVID hit)

• Supervision of the Property and Plant Office of the diocese, including all insurance, easements and other related activities, along with the Diocesan Building Commission (DBC) and related contracts and insurance. Debbie restructured the membership of the DBC to include experts in multiple related professions.

• Significantly reduced the overall debt of the diocese and implemented new standards for borrowing (new debt or refinance) and compliance with debt covenants.

• Converted the Diocese to an online comprehensive HR system and a cloud-based accounting platform with a standardized chart of accounts 15+ years ago. The Finance Office regularly monitors and controls the accounting platform.

• Conducts semi-annual training and discussion meetings with the Business Managers, Bookkeepers and Accountants in the Diocese. The Superintendent of Education, principals and multiple priests attend and participate also.

• Implemented summer training programs for people new to the accounting and financial leadership roles in the diocese and a “Priests Intro to Finance” workshop.

• Secured PPP loans for the Curia and other diocesan entities.

BACKGROUND PRIOR TO WORKING FOR THE DIOCESE:

Prior to working for the diocese, Debbie successfully owned and operated retail businesses in four malls. She also spent several years with a public accounting firm, focused principally on audits.

ANY PERSONAL INFORMATION:

Debbie is a recent breast cancer survivor/thriver blessed by many answered prayers. She has been married to her husband Bob for 36 years. They are blessed with two adult children, Will (Las Vegas) and Anne Marie (Santa Monica).

EDUCATION, CERTIFICATIONS, ETC.:

Debbie has a bachelor’s degree in accounting from the University of Pikeville. She is a Certified Public Accountant, Certified Global Management Accountant, Certified Diocesan Fiscal Manager, and holds a Certificate in Church Management from Villanova University

PARISH/CHURCH AFFILIATIONS:

Debbie and her husband are active members of Pax Christi Catholic Church

AUSTRALIA

NEW SOUTH WALES

Maitland - Newcastle

BAHAMAS

NEW PROVIDENCE

Nassau

CANADA

ALBERTA

Calgary

BRITISH COLUMBIA

Vancouver

MANITOBA

Keewatin - Le Pas

Winnipeg

ONTARIO

Hamilton

St. Catharines

Toronto

SASKATCHEWAN

Prince Albert

Regina

NEW ZEALAND

CHRISTCHURCH

Christchurch

UNITED STATES

ALABAMA

Birmingham

Mobile

ALASKA

Anchorage - Juneau

Fairbanks

ARIZONA

Holy Protection of Mary (Phoenix) for Byzantines

Phoenix

Tucson

ARKANSAS

Little Rock

CALIFORNIA

Fresno

Los Angeles

Monterey

Oakland

Orange

Our Lady of Nareg

Sacramento

San Bernardino

San Diego

San Francisco

San Jose

Santa Rosa

Stockton

COLORADO

Colorado Springs

Denver

Pueblo

CONNECTICUT

Bridgeport

Hartford

Norwich

Stamford for Ukrainians

DISTRICT OF COLUMBIA

Military Services, USA

Washington, DC

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Miami

Orlando

Palm Beach

Pensacola - Tallahassee

St. Augustine

St. Petersburg

Venice

GEORGIA

Atlanta

Savannah

GUAM

Agana

HAWAII

Honolulu

IDAHO

Boise

ILLINOIS

Belleville

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Eparchy of St. Thomas

Apostle Syro-Malabar,

Chicago

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Rockford

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Boston

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Springfield

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Saginaw

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Crookston

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St. Cloud

St. Paul - Minneapolis

Winona - Rochester

MISSISSIPPI

Biloxi

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MISSOURI

Jefferson City

Kansas City - St. Joseph

Our Lady of Lebanon

Saint Louis

Springfield - Cape

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MONTANA

Great Falls - Billings

Helena

NEBRASKA

Grand Island

Lincoln

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NEVADA

Las Vegas

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NEW HAMPSHIRE

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NEW MEXICO

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St. George's in Canton for Romanians

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Steubenville

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OKLAHOMA

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OREGON

Baker

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PENNSYLVANIA

Allentown

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Philadelphia

Philadelphia for Ukrainians

Pittsburgh

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Scranton

PUERTO RICO

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Brownsville

Corpus Christi

Dallas

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Fort Worth

Galveston - Houston

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San Angelo

Tyler

Victoria

UTAH

Salt Lake City

VIRGINIA

Arlington

Richmond

WASHINGTON

Seattle

Spokane

Yakima

WEST VIRGINIA

Wheeling - Charleston

WISCONSIN

Green Bay

La Crosse

Madison

Milwaukee

Superior

WYOMING

Cheyenne

Federal Litigation

Bankruptcy Court Sustains Diocese’s Objection to Claims Alleging Successor Liability for Sexual Abuse That Occurred Before Diocese’s Incorporation

On May 26, the U.S. Bankruptcy Court moved forward with a case involving the Diocese of Rockville Center regarding 13 claims against the Diocese, all alleging sexual abuse that occurred prior to 1958. After reviewing the Diocese’s objection and the claimants’ responses, the court sustained the objections with regard to most of the claims and provided an opportunity to amend for the rest.

The case concerned the Diocese’s ninth omnibus objection in which it asserted that the claimants’ allegations should be disallowed because they arose from conduct that occurred prior to the Diocese’s date of incorporation. The various claimants, in response, argued that as a successor to the Diocese of Brooklyn, the Diocese of Rockville Center assumed its predecessor’s liabilities. While New York generally maintains that “a successor is not responsible for the liabilities of its predecessor,” it allows for exceptions, including if a claimant can prove “it expressly or impliedly assumed the predecessor’s tort liability” or that “there was a consolidation or merger of seller and purchaser.”

The court first addressed that its ruling on this matter is not barred by the First Amendment because it does not involve any interpretation of canon law. The court then divided the claimants’ responses into two categories: (1) “pre-establishment,” which “allege conduct that occurred in 1956 or earlier, before the

Vatican established [the Diocese]”; and (2) “post-establishment,” which “allege conduct that occurred after the Vatican established the [Diocese] but before [it] was incorporated in 1958.”

The court sustained the objections to the “pre-establishment” claims with prejudice. The first of the “pre-establishment” responses, asserting an assumption of liability implied from its acquisition of assets from its predecessor as well as an insufficient statement in the New York statute incorporating the Diocese regarding this matter, were conclusory and not supported by sufficient factual allegations. The second “pre-establishment” responses, asserting the de facto merger exception, one claiming that there was a “continuity of ownership” through the transfer of parishes and other assets and the other arguing the Roman Catholic Church as the “constant corporate entity,” were also not supported by facts or the law. The second one in particular “provides no basis for the proposition that the Roman Catholic Church, as a global entity, is recognized as a corporation in New York."

As for the “post-establishment claims,” the court sustained the objection with an opportunity for the claimants to amend. The court reasoned that because New York’s religious corporation law does not provide any clarity regarding assumption of liability, non-profit corporation law could apply here. Therefore, because none of the “post-establishment” claimants argue liability under non-profit law, “in consideration of fairness” and “conflicting representations” from the Diocese they “should be granted leave to amend their claims ... to incorporate arguments consistent with the guidance provided in this section of the opinion….” –J.G.

See: In re Roman Catholic Diocese of Rockville Center, No. 20-12345 (MG), 2023 WL 3689633 (Bankr. S.D.N.Y. May 26, 2023).

Church Autonomy Doctrine Bars Non-Ministerial Employee’s Discrimination Claim

World Vision is a religious organization that serves the poor and needy. It espouses and expects its employees to abide by Christian tenets as set forth in its Statement of Faith, employment policies, and Standards of Conduct. One such tenet prohibits “sexual conduct outside the Biblical covenant of marriage between a man and a woman.”

World Vision offered to employ Aubry McMahon as a customer service representative. The offer followed an interview in which World Vision conveyed the religious convictions and behavior it expects of its employees. In response to the offer, McMahon informed World Vision that she was expecting a baby with her same-sex spouse. Upon hearing of the same-sex marriage, World Vision rescinded the offer based on McMahon’s failure to comply with its teaching on marriage.

McMahon sued World Vision, alleging sex discrimination and sexual orientation discrimination in violation of Title VII and state law (she also brought a claim of marital status discrimination under state law).

World Vision moved for summary judgment. It argued that the court lacked jurisdiction because this case presents an essentially theological dispute. Even if the court had jurisdiction, World Vision argued, the claims were constitutionally barred by, among other things, the church autonomy doctrine.

The court concluded that it had jurisdiction to hear the case, but granted the motion on the ground that McMahon’s claims are barred under the church autonomy doctrine.

Jurisdiction

World Vision’s constitutional defenses may “serve as a barrier to the success of a plaintiff’s claims,” but that does not affect the court’s authority to consider them. “[T]he religious nature of this dispute does not deprive the court of subject matter jurisdiction over this action.”

Church Autonomy Doctrine

World Vision rescinded its offer of employment to McMahon based on its religious convictions. Having articulated some “legitimate nondiscriminatory reason for the challenged action,” the burden shifted to McMahon to “show that the articulated reason is pretextual.”

Pretext is demonstrated by evidence as to “whether the asserted reason for the challenged action comported with the defendant’s policies and rules, whether the rule applied to the plaintiff has been applied uniformly, and whether the putative non-discriminatory purpose was stated only after the allegation of discrimination.”

The court found that the only way a jury would be able to find pretext would be by questioning World Vision’s “explanation of religious doctrine, or to question how much that particular religious doctrine really mattered to” World Vision, inquiries that the church autonomy doctrine precludes.

As the court put it, the church autonomy doctrine requires a court “to abstain from resolving employment discrimination claims where a religious institution takes an adverse action pursuant to a religious belief or policy—regardless of whether the employer allegedly discriminated on religious or other protected grounds—unless it is possible for the court [to] resolve the claims without resolving underlying controversies over religious doctrine or calling into question the reasonableness, validity, or truth of a religious doctrine or practice.” –S.P.

See: McMahon v. World Vision, No. 2:21-cv-00920-JLR, 2023 WL 3972060 (W.D. Wash. June 12, 2023).

Federal Litigation

Supreme Court Upholds Web Designer’s Free Speech Right Not to Create Web Designs with Which She Disagrees

Through her business, 303 Creative, Lorie Smith wants to make custom designed websites to celebrate marriages, but she objects to making a website celebrating any same-sex marriage because of her religious belief that marriage is the union of one man and one woman.

Smith sought an injunction against Colorado authorities to prevent them from enforcing against her that state’s prohibition of discrimination in public accommodations based on sexual orientation. The district court ruled against Smith. The Tenth Circuit affirmed on the ground that Colorado had a compelling interest that was narrowly tailored to prevent discrimination in the provision of Smith’s unique services.

On June 30, by a 6-3 vote, the U.S. Supreme Court reversed, holding that the First Amendment Free Speech Clause forbids Colorado from forcing Smith to create expressive designs speaking messages with which she disagrees.

Justice Gorsuch wrote the majority opinion. Justice Sotomayor filed a dissenting opinion in which Justices Kagan and Jackson joined.

The parties had stipulated to a number of facts, including that (a) Smith was willing to create websites for clients of any sexual orientation, (b) her websites are original, customized, and expressive, and (c) the websites will express Smith’s and 303 Creative’s message celebrating and promoting her view of marriage.

The Tenth Circuit concluded, and Justice Gorsuch agreed, that this case involves pure speech, that the websites that Smith designs involve her speech (even if they combine with the speech of those for whom she provides the design), and that the very purpose of Colorado’s attempt to apply its law to Smith was to coercively eliminate dissenting ideas about marriage.

But Justice Gorsuch disagreed with the Tenth Circuit’s legal conclusions. He relied principally upon West Virginia v. Barnette, 319 U.S. 624 (1943), Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 557 (1995), and Boy Scouts v. Dale, 530 U.S. 640 (2000)—all of which involved attempts by the government to coerce speech or expressive association. Under those precedents, Justice Gorsuch concluded, Colorado’s attempt to coerce speech in this case is “an impermissible abridgement of the First Amendment’s right to speak freely.”

The fact that Smith’s services are “unique” does not mean that the State may coopt her voice for its own purposes. Were it otherwise, then “the better the artist, the finer the writer, the more unique his talent, the more easily his voice could be conscripted to disseminate the government’s preferred messages. That would not respect the First Amendment; more nearly, it would spell its demise.”

Finally, the fact that Smith speaks for pay or through a corporate entity in which she is the sole member-owner makes no difference. Speakers do not shed their free speech rights because they are compensated for what they write or use a corporate form to disseminate their speech. –M.M.

USCCB, Knights of Columbus, and Others Urge Supreme Court to Summarily Reverse Unsupported Damage Award Against Pro-Life Advocates

On July 3, the USCCB, Knights of Columbus, March for Life, and EWTN filed a joint amicus brief in the U.S. Supreme Court. The case involves a multimillion-dollar damage award against pro-life advocates who had leaked undercover videos revealing the abortion industry’s involvement in the sale of fetal tissue obtained from abortions.

The damages were awarded under the Racketeer Influenced and Corrupt Organizations Act, which allows for treble damages for injuries to “business or property” resulting from violations of certain specified federal laws. In this case, there was no injury to business or property.

Instead, the lower courts permitted recovery in the form of expenses that Planned Parenthood incurred for enhanced security to protect it against future wrongdoing by others, which, the petitioners and amici argue, is not an allowable award.

The petitioners and amici request summary reversal from the Supreme Court. The amicus brief is available here. –M.M.

See: Rhomberg v. Planned Parenthood, No. 22-1160 (U.S.).

Other Federal Litigation

Seventh Circuit Holds that Ministerial Exception Bars Guidance Counselor’s Sex Discrimination Claim

Roncalli High School, a Catholic school of the Archdiocese of Indianapolis, employed Michelle Fitzgerald as a guidance counselor and co-director of guidance. The school declined to renew her employment contract after learning that, contrary to the school’s religious beliefs, she had entered into a same-sex marriage.

Fitzgerald sued for sex discrimination. The district court dismissed the case under the ministerial exception and the Fourth Circuit affirmed on those grounds. The Fourth Circuit’s decision includes a detailed discussion of the religious aspects of Fitzgerald’s job responsibilities, as evidenced by, among other things, her own self-evaluation. The court also relied on Starkey v. Roman Catholic Archdiocese of Indianapolis, Inc., 41 F.4th 931 (7th Cir. 2022), which involved a different guidance counselor and codirector of guidance at the same high school whose employment, like Fitzgerald’s, was ended after entering into a same-sex marriage.

Especially noteworthy in this case is the concurrence of Judge Michael Brennan. His opinion mirrors comments made by Judge Frank Easterbrook in the latter’s concurring opinion in Starkey Like Judge Easterbrook, Judge Brennan concludes that the religious exemptions in Title VII provide the school with a defense not just to religious discrimination claims under Title VII, but to all Title VII claims when the school acts on the basis of its religious beliefs. This result, Judge Brennan explains (again tracking the reasoning of Judge Easterbrook in Starkey), is required by the text of the Title VII religious exemptions. See 42 U.S.C. § 2000e-1(a) (“This subchapter shall not apply to a religious employer with respect to the employment of … individuals of a particular religion …”) (emphasis added); 42 U.S.C. § 2000e-2(e) (similar language).

Judge Brennan’s concurrence also includes a helpful discussion of case law in other circuits and an explanation of how those circuits sometimes have gotten this issue wrong. –M.M.

See: Fitzgerald v. Roncalli High School, No. 22-2954, 2023 WL 4528081 (7th Cir. July 13, 2023).

State Litigation

Colorado Constitution Bars Revival of Time-Barred Abuse Claims

Under Colorado’s Child Sexual Abuse Accountability Act (CSAAA or the Act), A.S. and her husband filed suit against her former high school coach for alleged child sexual abuse of A.S. between 2001 and 2005, and against the school district for its alleged failure to intervene and investigate the abuse.

The CSAAA established a three-year window during which a victim could bring claims for child abuse that occurred between January 1, 1960, and January 1, 2022, regardless of whether previously available causes of action were time-barred. Thus, the Act purported to revive childhood sex abuse claims even after the original statute of limitations, in this case six years, had lapsed. Claims could be brought against both the perpetrator and the organization employing the perpetrator.

The trial court dismissed the case, finding that the legislature’s attempted revival of time-barred claims violates Colorado’s constitutional prohibition on retrospective legislation. See Colo. Constitution, Art. II, § 11 (prohibiting any law “retrospective in its operation”).

The Colorado Supreme Court has now affirmed.

The High Court determined that there was subject matter juris diction, but rejected the plaintiffs’ assertion that a retrospective law may be constitutional if it is “reasonably related to a legiti mate government interest.” The Colorado Constitution, the court observed, does not provide for a “public policy exception” or balancing test.

A retrospective statute, the court elaborated, is unconstitutional, notwithstanding the government’s interests, when its function is substantive rather than procedural. A statute is substantive if “it creates, eliminates, or modifies vested rights or liabilities.... In contrast, a procedural statute relates only to remedies or modes of procedure to enforce existing substantive rights or liabilities.” Any law that “‘takes away any legal defense’ is substantive.” Therefore, “when a statute of limitations bar has attached, the legislature cannot revive the action.”

“Because the CSAAA creates a new cause of action for sexual misconduct that predates the Act and for which any previously available claims are time-barred, it creates a new obligation and a new disability with respect to such conduct and therefore amounts to impermissible retrospective legislation” in violation of the Colorado Constitution.

The state constitutional limit on retroactive remedies is rooted in notions of fundamental fairness often identified with the guarantee of due process. The court elaborated:

Our constitutional form of government has inherent costs; namely, the limitations it places on the legislature’s ability to act in ways it deems to be in the public interest. But the people of this state determined that such constitutional limitations on the legislature’s power were necessary to prevent the legislature from encroaching on certain rights they considered to be crucial to a flourishing society. Article II, section 11’s prohibition on retrospective legislation ensures that people have notice of the consequences of their actions before they act—a foundational component of due process.

For these reasons, A.S.’s suit, which alleges sexual misconduct after the statute of limitations period had elapsed, was barred. –S.P.

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LAW BRIEFS

Court Lacks Subject Matter Jurisdiction to Hear Dispute Over Archbishop’s Authority to Appoint Religious Organization’s Board Members

Foundation for the Advancement of Catholic Schools, Inc. (FACS), a nonstock corporation incorporated in Connecticut, provides scholarships to students to attend schools of the Archdiocese of Hartford (AOH).

FACS’s bylaws give the Archbishop of Hartford the authority to appoint members of FACS’s board of trustees. In 2005, FACS’s bylaws were amended to authorize a governance committee appointed by FACS’s president to nominate a slate of candidates for open and vacant board positions. FACS claims that the Archbishop can make appointments only from the committee’s candidate list, a claim that the Archbishop disputes. FACS sued the Archbishop to challenge board appointments he made between July 2020 and February 2021 of persons not on the committee’s candidate list.

The Archbishop moved to dismiss for lack of standing. The court sua sponte raised the issue of subject matter jurisdiction.

The Connecticut Constitution and Religion Clauses of the First Amendment prohibit government involvement in the internal affairs of a religious organization. The court found that FACS is a religious organization. Although its formal status is that of a nonstock corporation, its organizational documents and bylaws demonstrate that its overall purpose and character is that of “a religious organization with ecclesiastical doctrine and practices.”

The court next concluded that it was unable to “neutrally apply principles of corporate bylaw interpretation without intruding upon the archbishop’s religious decision-making authority.” Here it was “undisputed that the archbishop speaks for AOH as an ecclesiastical authority.” As such, the plaintiff’s claims were “inextricably intertwined with the religious context in which the archbishop appoints members to the board of a religious organization.” Therefore, the court could not apply neutral principles. For these reasons, the court concluded that it lacked subject matter jurisdiction and dismissed the case. –S.P.

See: Found. for the Advancement of Cath. Sch. v. Blair, No. X07-CV-21-6147972-S, 2023 WL 4073696 (Conn. Super. Ct. June 15, 2023).

Law Briefs is published by the USCCB Office of the General Counsel. Copyright © 2022 United States Conference of Catholic Bishops. All rights resereved.

Federal Litigation

Sixth Circuit Allows Tennessee Law Forbidding Transgender Treatments for Minors to Go into Effect

Tennessee passed a law prohibiting health care providers from performing gender-related surgeries on minors or administering hormones or puberty blockers to them. Three minors, their parents, and a doctor sued state officials, claiming that the Act violated their due process and equal protection rights.

The district court concluded that the plaintiffs lacked standing to contest the ban on surgeries, but had standing to challenge the ban on hormones and puberty blockers. On June 28, the court issued a statewide preliminary injunction, finding that the ban on hormones and puberty blockers infringes parents’ due process right to direct the medical care of their children and discriminated on the basis of sex in violation of equal protection.

On July 8, the Sixth Circuit granted the defendants’ motion for an emergency stay of the district court’s order, allowing the challenged law to go into effect.

Chief Judge Jeffrey Sutton wrote the opinion.

The first set of problems with the lower court order, Judge Sutton found, lies with its scope. The plaintiffs claim that the Act is unconstitutional on its face, but such a challenge requires that no set of circumstances exists under which the statute would be valid. The lower court declined to engage with Tennessee’s arguments that it could lawfully apply the Act in some settings. In addition, the district court should not have issued more relief than was necessary to remedy the plaintiffs’ injury:

The court’s injunction prohibits Tennessee from enforcing the law against the nine challengers in this case and against the other seven million residents of the Volunteer State. But absent a properly certified class action, why would nine residents represent seven million? Does the nature of the federal judicial power or for that matter Article III permit such sweeping relief? A “rising chorus” suggests not. [Citing cases.]

A court order that goes beyond a plaintiff’s own injuries by enjoining government action against nonparties “exceeds the norms of judicial power.”

A second set of problems with the lower court’s order is that the plaintiffs are unlikely to succeed on the merits of their due process and equal protection claims. As to both claims, the plaintiffs fail to grapple with the original meaning of the due process and equal protection clauses.

[Failure to deal with the original meaning of those provisions] prompts the question whether the people of this country ever agreed to remove debates of this sort—about the use of new drug treatments on minors—from the conventional place for dealing with new norms, new drugs, and new technologies: the democratic process. Life-tenured federal judges should be wary of removing a vexing and novel topic of medical debate from the ebbs and flows of democracy by construing a largely unamendable federal constitution to occupy the field.

The lower court’s injunction extends due process and equal protection “to new territory” at a time when there is a proliferation of legislative activity on this issue across the county:

Leaving the preliminary injunction in place starts to grind these all-over-the-map gears to a halt. Given the high stakes of these nascent policy deliberations—the long-term health of children facing gender dysphoria—sound government usually benefits from more rather than less debate, more rather than less input, more rather than less consideration of fair-minded policy approaches. To permit legislatures on one side of the debate to have their say while silencing legislatures on the other side of the debate under the U.S. Constitution does not further these goals. [Citations omitted.]

Medical opinion is surely relevant, but not dispositive, for the same reason that courts do not defer to a consensus among economists in interpreting the impairment-of-contracts or takings clauses. In any event, the medical community is not of one mind about the use of hormone therapy to treat gender dysphoria. Even the FDA has not approved the use of these drugs. The fact that it has not done so “giv[es] us considerable pause about constitutionalizing an answer they have not given or, best we can tell, even finally studied.”

Viewed separately, neither the due process nor equal protection guarantees likely supports the district court’s order. It is true that parents have a fundamental due process right to make decisions about their children, but that right has thus far been cabined to such issues as education and visitation rights. “No Supreme Court case extends [substantive due process] to a general right to receive new medical or experimental drug treatments,” and the plaintiffs have not shown that a right to such treatments is deeply rooted in our history and traditions as they must to demonstrate due process protection. In addition, state legislatures play a critical role in regulating health and welfare, and such efforts are usually entitled to a strong presumption of validity. Judicial deference to legislative judgments on such matters is especially appropriate where, as here, there is medical and scientific uncertainty.

The lower court’s equal protection analysis also rests on dubious grounds. It applied heightened scrutiny on the assumption that the Act discriminates on the basis of sex. But the Act applies to all minors, regardless of their biological sex. Furthermore, neither the Supreme Court nor the Sixth Circuit has recognized transgender status as a quasi-suspect class. Until that changes, rational basis review applies. Bostock v. Clayton County, 140 S. Ct. 1731 (2020), does not change the analysis. That decision and its reasoning “applies only to Title VII,” as Bostock itself makes clear. Id. at 1753.

The court indicated that it would expedite the appeal with the goal of resolving it no later than September 30. –M.M.

See: L.W. v. Skrmetti, 73 F.4th 408 (6th Cir. 2023).

District Court Decision Provides Helpful Guidance on Application of Ministerial Exception and Church Autonomy Doctrine to Employment Discrimination Claims

St. Stanislaus, a Catholic school, hired Cody Butler as an English, Language Arts, and Social Studies teacher but terminated his employment after he informed the principal in an email that he intended to enter into a same-sex marriage. Butler sued for sex discrimination under Title VII and analogous state law. The court held that the ministerial exception barred his claims but that, even if the exception did not apply, the claims were barred under the church autonomy doctrine. Here are the key takeaways:

• The job posting, employment contract, personnel han book, and teacher orientation program were replete with statements requiring teachers to teach, convey, and act according to the Catholic faith and to incorporate that faith into their instruction. Therefore, the ministerial exception applied, even though Butler did not teach religion as a freestanding subject.

• The church autonomy doctrine, when applicable, protects church institutions from the very process of judicial inquiry, including the time and expense of the legal process.

• The McDonnell Douglas framework applies, but the church autonomy doctrine constrains its application. “[T]he principle of church autonomy precludes a jury—and at the summary-judgment stage, the Court—from treating as broadly up-for-debate the Church’s assessment” that the employee’s conduct “violated an important religious tenet.” Thus, while Butler carries the burden of demonstrating that St. Stanislaus’ asserted non-discriminatory reason for his termination was a pretext for sex discrimination, he cannot carry that burden “by instigating a debate over whether the Church really believes its position on marriage, or what the precise contours of that position are, or the extent to which his email statement really was in tension with that position or not.” –M.M.

See: Butler v. St. Stanislaus Kostka Catholic Academy, 609 F.Supp.3d 184 (E.D. N.Y. 2022).

State Litigation

South Carolina Doctrine of Charitable Immunity Bars Decades-Old Abuse Claim

John Doe sued the Diocese of Charleston, claiming sexual abuse by two teachers at a Catholic school during the time period 1969 to 1971. Doe asserted claims of sexual abuse, outrage, negligence/gross negligence, breach of fiduciary duty, intentional infliction of emotional distress, fraudulent concealment, civil conspiracy, negligent retention or supervision, breach of contract, and breach of contract accompanied by a fraudulent act.

The trial court granted the Diocese’s motion for summary judgment under the doctrine of charitable immunity.

On August 2, the South Carolina Court of Appeals affirmed.

The South Carolina Supreme Court first announced the doctrine of charitable immunity in 1914. Since that time, and until 1973, case law established that charitable immunity barred all

tort claims against charitable organizations. In 1973, in Jeffcoat v. Caine, 198 S.E.2d 258, the South Carolina Supreme Court declined to extend charitable immunity to a religious hospital in a case involving an intentional tort. The court refused to overrule earlier cases, however, noting that those cases had involved negligence claims.

The Court of Appeals in the present case held that precedent in 1969-70, when the abuse is alleged to have occurred, supported complete immunity. Because the abrogation of immunities defenses is to be applied prospectively only, Jeffcoat did not apply. Charitable immunity therefore barred all of Doe’s claims. –M.M

See: Doe v. Bishop of Charleston, No. 2020-00084, 2023 WL 4919592 (S.C. App. Aug. 2, 2023).

Regulatory Issues

USCCB, NCBC File Joint Comments on Proposed Revisions to Uniform Determination of Death Act

On July 12, the USCCB and National Catholic Bioethics Center (NCBC) filed joint comments on proposed revisions to the Uniform Determination of Death Act with the Uniform Determination of Death Committee of the Uniform Law Commission. One of the proposed revisions would replace the standard of whole brain death with one of partial brain death.

The USCCB and NCBC urged the Commission to retain the current standard of “irreversible cessation of all functions of the entire brain, including the brain stem” as the standard for determining death. The basis for the objection is that the proposed revision would allow patients who exhibit partial brain function to be declared “legally dead” when they are not biologically dead.

The comments are available here.

See: Proposed Revisions to Uniform Determination of Death Act (2023).

USCCB Files Joint Comments on Anticipated Regulations on Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) sent the Office of Management and Budget (OMB) the EEOC’s proposed regulations interpreting and enforcing the Pregnant Workers Fairness Act. Some advocacy groups argued that the Act, enacted by Congress as part of the Consolidated Appropriations Act, 2023, requires workplace accommodations for abortion. In anticipation of the release and publication of the proposed regulations, the USCCB filed comments on July 14 with OMB explaining why the Act requires no such accommodation. Among other things, the text and legislative history of the Act foreclose an interpretation of the Act that would require accommodations for abortion, and the principle of constitutional avoidance counsels against such an interpretation.

The comments are available here

Subsequently the EEOC published the proposed regulations. 88 Fed. Reg. 54714 (Aug. 11, 2023). The USCCB again plans to file comments, this time with the EEOC.

See: Consolidated Appropriations Act, 2023, Pub. 117328, Div. II (Pregnant Workers Fairness Act).

Law Briefs is published by the USCCB Office of the General Counsel. Copyright © 2022 United States Conference of Catholic Bishops. All rights resereved.

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Have You Heard?

GOD IS DOING SOMETHING NEW—AND HE IS CALLING YOU TO BE A PART OF IT!

Jesus desires to heal, renew, and unify the Church and the world. How will he do it? By uniting us once again around the source and summit of our faith—the Holy Eucharist. The National Eucharistic Revival is the joyful, expectant, grassroots response of the entire Catholic Church in the U.S. to this divine invitation.

Scan the code below to learn more about the exciting journey ahead, and sign up for weekly updates on what’s happening in this unprecedented national movement!

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RECOGNIZING LONG-TERM CONFERENCE ATTENDANCE

The Board of Directors will be privileged to recognize member conference attendance milestones during our annual conference in Washington. The following listing reflects the Corporate Office’s current record of 2022 Washington attendees registered by Herald publication date who are at the 10, 15, 20, 25, 30, 35-year attendance recognition levels. We invite each member who will be attending this year’s conference to kindly review this listing and let the DFMC know if we inadvertently missed fully recognizing your proper years of attendance.

Conferences Attended Includes Denver 2023

For 25 years of attendance:

Ms. Jill Braniff - Diocese of Shreveport

Ms. Laurie Downey - Diocese of Portland in Maine

For 20 years of attendance:

Ms. Tammy DiLorenzo - Diocese of Biloxi

Mr. John Drozd - Ukrainian Catholic Archeparchy of Philadelphia

Dcn. Jeff Trumps - Diocese of Lafayette in Louisiana

For 15 years of attendance

Ms. Terri Brisson - Diocese of Charleston

Ms. Monica Griffin - Diocese of Arlington

Ms. Stacy Harris - Archdiocese of Indianapolis

Mr. Patrick Kelly - Diocese of Youngstown

Mr. Jorge Montenegro - Diocese of San Bernardino

For 10 years of attendance

Mr. Brian Burkert - Archdiocese of Indianapolis

Mr. James Carney - Diocese of Helena

Ms. Maureen Creedon - Archdiocese of Boston

Ms. Catherine Favre - Diocese of Beaumont

Ms. Margaret Glennon - Diocese of Shreveport

Ms. Kathleen Hogan - Diocese of Joliet in Illinois

Mr. Paul Kolbach - Diocese of Green Bay

Mr. Jamileh Koury - Maronite Eparchy of Our Lady of Lebanon

Mr. Ovidiu Marginean - Romanian Catholic Diocese of Canton

Ms. Holly Orsagh - Archdiocese of Atlanta

Mr. Steven Paliwoda - Ukrainian Catholic Eparchy of St. Josaphat - Parma, OH

Ms. Camtuyen Pham - Archdiocese of Atlanta

Ms. Michele Smith - Archdiocese of Mobile

Ms. Nicole Steinweiss - Diocese of Brooklyn

Mr. James Stolze - Archdiocese of Omaha

Ms. Margo Tammen - Diocese of Oakland

Ms. Sabrina Vrooman - Diocese of Beaumont

Ms. Jo Willhite - Archdiocese of Portland in Oregon

ASSOCIATION MEETINGS

Diocesan Fiscal Management Conference (DFMC)

September 24-27, 2023

DENVER, CO - Hyatt Regency Denver at Colorado Convention Center

September 29 - October 2, 2024

SAN DIEGO, CA - Hilton San Diego Bayfront

September 28 - October 1, 2025

PHILADELPHIA, PA - Philadelphia Marriott Downtown

September 27-30, 2026

LOUISVILLE, KY - Omni Louisville Hotel

Canon Law Society of America (CLSA)

October 9-12, 2023

MILWAUKEE, WI - Hyatt Regency

Diocesan Information Systems Conference (DISC)

June 24-27, 2024

ORLANDO, FL - TBD

Catholic Cemetery Conference (CCC)

September 25-28, 2023

NEW ORLEANS, LA - Hilton New Orleans Riverside

International Catholic Stewardship Council (ICSC)

October 1-4, 2023

ORLANDO, FL - Hyatt Regency

National Association of Church Personnel Administrators (NACPA)

April 14-16, 2024

KANSAS CITY, MO - TBD

Conference for Catholic Facility Management (CCFM)

April 7-10, 2024

NASHVILLE, TN - TBD

April 27-30, 2025

Location - TBD

A benefit of the electronic version is that it is easier to navigate. Click on any item in the Table of Contents and you will be taken directly to the corresponding article. Also, click on any of the ads from our diocesan Platinum and Gold partners and you will be taken to their website or email for immediate assistance!

The Herald Publication Schedule:

The Herald will accept notices and articles for future issues according to the following schedule:

www.dfmconf.org

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