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DFMC
Volume XXIV, Number 4 # Fall 2013
Message from the

President
compared to 280 in
2011 and 303 in
2012.
While we are
thankful for all that
were able to make it,
At a time of year that invites us to

remember and be thankful for the many
blessings in our life, we can certainly
we sure missed those

of you who were
thank God for his blessing of our 44th

annual Diocesan Fiscal Management
unable to attend and

invite you to come
Conference in Boston. The evaluations

and feedback have been collated and no
matter how you slice it, the 2013
Conference was a huge success. In your
Jeff P. Trumps
Diocese of Lafayette
in Louisiana
and join us this

coming year. Mark it
in your calendars
now the 2014
words: General session speakers were all

around the best Ive seen in 8 years.
conference will be
September 21-24, 2014 in Chicago at the
Strongest agenda/speakers/conference I
have attended. Overall, this has been one
Hyatt Regency located just steps from

Michigan Avenue (a.k.a. the Magnificent
of the best conferences (content) that I

have attended.
Mile).
This years conference also marked a
This was only made possible with the

guidance and hospitality of the Archdiocese
time of change as we bid a fond farewell to

Les Maiman, who has guided and grown
of Boston, the heavy lifting of the Program

Committee that produced an excellent slate
our organization over these past 7 years,

and extended a warm welcome to Patrick
of speakers, and of course you, the

participating members of the conference.
Markey, who will serve as our new

Executive Director of the DFMC. May the
We set yet another attendance record with

328 registrations from 155 dioceses as
Lord bless both of these men in their

respective service to the Church. Also a
MORE ON PAGE 8
INSIDE
DIOCESAN
FISCAL MANAGEMENT
CONFERENCE
NATIONAL OFFICE:
4727 E. Bell Road, Ste. 45-358
Phoenix, AZ 85032
Toll-free: 877-709-3362
Email: dfmc@dfmconf.org
Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
From the Desk of the Executive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
New CDFMs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
National Collections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Recognizing Long Term Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Conference Pictures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Bishop Farrell's Remarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
Law Briefs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
Association Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24
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DFMC
Page 2
BOARD OF
DIRECTORS
From the Desk of the Executive Director

As I write this I am contemplating the end of the Churchs
liturgical year and the dawning of Advent, with the preparations for
Dn. Jef f P. Trumps
President
Diocese of Lafayette in Louisiana
Richard Kelly
Vice President / Program Chair

Archdiocese of Cincinnati
Joan Lof f redo
Secretary - Treasurer
Diocese of Salt Lake City
Most Rev. Kevin J. Farrell, DD
Episcopal Moderator
Diocese of Dallas
Christmas and the joy it always brings. Ends and new beginnings
are always meaningful to me. As I begin my tenure serving the
financial leaders of the Church in the United States the profound
meaning of this season is even more significant.
I had the honor and joy of serving you and the bishops at the
United States Conference of Catholic Bishops (USCCB) for ten and
a half years. In that time we began the Office of National
Collections just as the worst economic crisis since the Great
Depression was beginning to make its presence felt. Working with
Patrick A. Markey
Executive Director
great USCCB staff, the bishops, and diocesan finance directors new
systems and controls to manage the national collections were put in place and guidelines
Most Rev. Donald W. Trautman,

STD, SSL
Episcopal Moderator Emeritus

Diocese of Erie
Patrick A. Markey
Executive Director
B etsy B ohlen
Site Chairperson
Archdiocese of Chicago
William G . Fisher
Diocese of Wheeling-Charleston
David E. Hessel
Archdiocese of Galveston-Houston
drawn to give meaning and direction to this important work of the Church. The beginning
was good and the foundation is solid.
At the USCCB there were many successes and much to be proud of. Nevertheless, as we
live in the liturgy these days, there is a time for things to end and new things to begin. As I
begin my term as Executive Director of the Diocesan Fiscal Management Conference (DFMC),
I find an organization full of life and love for the Church. Just like the season of Advent this
fills me with hope and expectation. The leadership of the DFMC, both in its outgoing
Executive Director Les Maiman and in its active board of directors, has maintained and
strengthened this very important organizations unique leadership role. The annual conference
is as successful as ever with the 2013 Boston event described as the best yet by some
participants. The Certified Diocesan Fiscal Manager (CDFM) program promises to be a key
certification program of Church financial management and the growing Continuing
Professional Education (CPE) courses are a Godsend to assist all of us with our continuing
Mary B eth Koenig
Diocese of Austin
education requirements, with subject areas most relevant to issues involving our work for the
Church.
Anthony R. Rabago
Diocese of Phoenix
Advent always helps me reflect with gratitude to God for all the gifts he has given me in
my life. I bring that same sense to the DFMC and all of you for the confidence, welcome, and
B rad Watson
Diocese of Paterson
William E. Whiston
Archdiocese of New York
trust you have extended to me. I am here to be at your service and very pleased to have this
opportunity to know you and the needs of your dioceses even better. Have a blessed Advent
and Christmas seasons. I look forward to seeing you throughout the year and in Chicago in
September 2014.
Laura J. Williams
Diocese of Beaumont
B radley J. Wilson
Archdiocese of Atlanta
Please make a note of the new DFMC National Office mailing address:
Diocesan Fiscal Management Conference (DFMC)
National Office
Francis Wong
Archdiocese of Vancouver
4727 E. Bell Road, Ste. 45-358

Phoenix, AZ 85032
2 DFMC Herald
Page 3
DFMC welcomes new Certified Diocesan Fiscal Managers

The DFMC has awarded the CDFM (Certified Diocesan Fiscal Manager) designation to two fiscal officers after they
successfully passed the CDFM exam at the beginning of the Boston DFMC conference held in September. Michael J. McGee,
Diocese of Richmond and Laura J. Clark, Diocese of San Bernadino join 25 other fiscal managers who
have passed the exam since its inception in 2009.
A voluntary professional certification program, the CDFM designation was initiated the DFMC in
2008 after the Strategic Planning Committee recommended the program to the board of directors for
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consideration. The program recognizes professionals in a field of specialized study and includes 16
fiscal management disciplines representing many of the areas of responsibility that a fiscal officer will
encounter on a regular basis.
Members gather annually at the conference as an opportunity for prayer, spirituality and renewal
of its members and as an opportunity for fiscal managers to network with their peers. The
development of the CDFM designation complements these objectives and appropriately recognizes its
members achieved competency. The CDFM was designed by Dr. Wayne Lenell, CPA, Finance
Director of the Diocese of Rockford, at the request of the DFMC board of directors in 2008 and this
Daniel Stremel
year marks the sixth time the exam has been offered to the
membership.
Each year since 2009, the conference program has
included a review course or a CDFM overview for the
Current Listing of Certified

Diocesan Fiscal Managers
(a/o 11/22/13 - by year then alphabetical within year)
members interested in this program. During the 2012

conference in Houston, Lenell and Dan Stremel, Diocese of
Dodge City, provided an extensive overview of the 16
disciplines covered in the exam. In other years, an overview
of the certification program and its objectives has been
offered on Sunday afternoon at the beginning of the
conference.
In connection with the CDFM program, the board of
directors recently authorized the development of continuing
professional education (CPE) courses specific to the needs of
those in diocesan administration. The initial scope of the
course development will encompass the 16 courses covering
the disciplines of the CDFM examination. Credit hours for
each course will vary from one to three credit hours and will
be delivered online with automatic and immediate grading
of each course.
These CPE courses will complement the CDFM program
and further its educational purpose. While the CDFM Ad
Hoc committee is presently receiving assistance from the
conference CDFMs to help review the CDFM study guide
and materials, it is expected that the CDFM and CPE
programs will evolve over the next few years.
Diocesan finance personnel who are interested in
obtaining more information about the CDFM program,
study guide, or application process can visit the DFMC
website for more information.
Dr. Wayne M. Lenell, Diocese of Rockford (2009)

Mr. Daniel M. Stremel, Diocese of Dodge City (2009)
Mr. Scott A. Hoselton, Diocese of Fargo (2010)
Deacon Jim P. Hoy, Diocese of Gallup (2010)
Mr. Glenn J. Landry, Diocese of Houma-Thibodaux (2010)
Mr. Kathleen Laseter, Inactive (2010)
Mr. Peter M. McPartland, Diocese of Venice (2010)
Mr. Thomas H. Riordan, Diocese of Monterey (2010)
Ms. Laura J. Williams, Diocese of Beaumont (2010)
Mr. Bradley J. Wilson, Archdiocese of Atlanta (2010)
Mr. Greg Wolfe, Diocese of Little Rock (2010)
Mr. Francis Wong, Archdiocese of Vancouver (2010)
Mr. Brian Buckingham, Inactive (2011)
Mr. Robert J. Cox, Diocese of Evansville (2011)
Ms. Julie Shewmaker, Inactive (2011)
Deacon Jeff P. Trumps, Diocese of Lafayette in Louisiana (2011)
Mr. James E. Abernathy, Diocese of Memphis (2012)
Mr. Michael P. Canizzaro, Diocese of Oakland (2012)
Mr. Patrick A. Kelly, Diocese of Youngstown (2012)
Ms. Joan Loffredo, Diocese of Salt Lake City (2012)
Ms. Leticia Q. Macias, Diocese of El Paso (2012)
Ms. Debra C. Swisher, Diocese of Lexington (2012)
Deacon Hans Michael Toecker, Diocese of Nashville (2012)
Mr. Michael E. Warren, Archdiocese of Atlanta (2012)
Mr. Kevin R. Kiley, Archdiocese of Boston (2013)
Ms. Laura J. Clark, Diocese of San Bernardino (2013)
Mr. Michael J. McGee, Diocese of Richmond (2013)
Fall 2013
DFMC
Page 4
New Board Members

The annual election of members to the DFMC Board of Directors was conducted in conjunction with the 44th annual
meeting. William Fisher (Wheeling-Charleston) was elected and appointed to initial term. David Hessel (GalvestonHouston) was appointed to fill a vacancy. Anthony Rabago (Phoenix), William Whiston (New York) and Laura Williams
(Beaumont) were re-elected to additional terms.
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William Fisher
Diocese of WheelingCharleston
David Hessel
Archdiocese of GalvestonHouston
New Board Officers

Elected for 2013/14
Following the general election of new
members to the 2013/14 Board of Directors
during the 44th annual meeting in Boston,
Jeff Trumps (Lafayette in Louisiana)
accepted to serve as 2013/14's President;
Richard Kelly (Cincinnati) and Joan
Loffredo (Salt Lake City) were elected as
Vice President/Program Chair and Secretary/
Treasurer, respectively.
Jeff P. Trumps
Richard Kelly
Diocese of Lafayette in
Louisiana
Archdiocese of Cincinnati
Joan Loffredo
Diocese of Salt Lake City
4 DFMC Herald
Page 5
Committees for 2013/14
The DFMC would like to

Executive/Governance
Chair: Dn. Jeff P. Trumps
Mr. Richard Kelly
Thank and Recognize our

2013 Gold-Level Exhibitors
and Opening and Closing
Event Sponsors
Ms. Joan Loffredo

Most Reverend Kevin J. Farrell, DD
Audit
Chair: Ms. Joan Loffredo
Mr. Brad Watson
Mr. Francis Wong
Communications/Strategic Planning
Chair: Mr. Anthony R. Rabago
Mrs. Laura J. Williams
Mr. William G. Fisher
Brad Wilson
Arthur J. Gallagher &

Company
Ave Maria Mutual Funds
CapTrust
CathoSync by Qvinci
Christian Brothers
Investment Services, Inc.
Christian Brothers Services
Fund Evaluation Group
Grant Thornton, LLP
Notre Dame Federal Credit
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Program Planning
Union
Our Sunday Visitor
Chair: Mr. Richard Kelly
Smart Tuition
Mr. Brad Wilson
TIAA CREF Financial

Services
Mr. William E. Whiston

Ms. Mary Beth Koenig
Waldorf Risk Solutions
Mr. David E. Hessel
Fall 2013
DFMC
Page 6
PROMOTING AND ADMINISTERING NATIONAL COLLECTIONS

ITS OUR RESPONSIBILITY
By Franz Hoefferle, Chief Financial Officer, Diocese of Duluth, MN
With the decline in the contribution amounts (approximately $8.7 million since 2009) given to the special annual
collections that our Bishops have collectively discerned and decided to support, one of my priorities as a Diocesan Fiscal
Manager is to ensure that best practices for collections are implemented in our Diocese so we can support these ministries to
the best of our ability.
Our Bishops have provided guidelines to us for administering USCCB National Collections in the document, One Church,
One Mission. This document challenges us to review our processes related to:
1. Conducting the collections in the parishes.
2. Remitting contributions to the national collections office in a timely manner.
3. Honoring donor intent.
4. Keeping collection amounts intact.
In addition, we as Diocesan Fiscal Managers are responsible to ensure there are sufficient internal controls in place. For
National Collections, we need to be able to verify and substantiate that collections from our locations are accounted for
accurately and properly remitted to the national collections office.
This is not always an easy task, as oftentimes the information that accompanies the checks from our parishes is incomplete
or nonexistent, requiring interpretation or follow-up. Given that manual data entry is required at the diocese to record the
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6 DFMC Herald
Page 7
receipts of collections, it is possible that errors occur at the Diocesan level resulting in funds being entered into the wrong
account. One Church, One Mission challenges us to review our processes, and change them if necessary to safeguard donor
intent.
Technology to administer these collections is coming to the market to help us fulfill our responsibility. At the Diocese of
Duluth, we have recently implemented a system to provide these controls and help us meet the challenges set forth in One
Church, One Mission.
In doing so, I believe we will not only improve our internal controls and timeliness, but also increase donor participation
to these worthy causes. We have already uncovered situations where a parish wasnt receiving their promotional materials and
the bookkeeper wasnt aware of the collection, so no collection was taken. I believe that the controls we have put in place will
not only meet the challenges put forth, but will also increase awareness and provide consistency throughout the Diocese.
I encourage you as fellow Diocesan Fiscal Managers to challenge yourself, your staff, and your parishes to look at how
you are promoting and administering these collections to ensure collections are intact, donor intent honored and funds timely
remitted. As we all know, there is a link between the success of any fund raising activity and a visible commitment to
accountability. Our collective efforts in this area will better support the work of the Churchs apostolate, for the greater good of
all those touched by our national collections.
Committed to Catholic
Investment Programs
Managing Principal Stephen H. Schott

and the CapTrust Team wish you a
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Fall 2013
DFMC
Page 8
CONTINUED FROM PAGE 1

special word of thanks goes out to Debbie Radzyminski of Plaza Meetings for her stellar support leading up to and
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during the conference, as well as during the transition of Executive Directors prior to Patrick Markey coming on fulltime in that capacity in November, 2013.
I am personally honored serve you as President this year, and I want to assure you that we want to continue to
build on our success while charting a strategic course for our future through the work of your Board of Directors and
the leadership of our new Executive Director. A significant initiative being undertaken this year is the development of
online Continuing Professional Education (CPE). There will ultimately be 16 courses covering the 16 disciplines of
the CDFM designation (Certified Diocesan Fiscal Manger). Therefore this work will also serve as a study guide for the
examination. The format will be similar in design to the CPE offered by the AICPA with credit hours varying from
1-3 hours. The first two modules have been completed and are being reviewed prior to submission to the NASBA
(National Association of State Boards of Accountancy), and we are hoping to have the full program completed by the
2015 Conference.
As we look forward, its interesting to note that the city of Chicago has three mottos, all of which speak to us:
Urbs in horto (Latin for City in a garden think Eden), Make Big Plans, and I Will. So all those who will make
Big Plans to attend the conference in the City in the Garden shout out, I Will! See you there, my friends.
Employment Opportunities
Given the ever increasing time sensitivity of job postings and candidate responses,
we are delighted to offer 3 improved ways vis vis quarterly Herald publication to
immediately know of new employment opportunities:
keep checking the website we immediately post and update job
postings as a free supporting service under Latest Open Positions.
email notices the DFMC National Office will immediately notify you via
email to check the website once a new posting is offered. [to sign-up,
subscribe to the free service under Contact Us]; and
Twitter notices you can follow the DFMC to receive not only notices of
new job postings, but of all DFMC Announcements! [to follow DFMC on
Twitter, click the Twitter symbol]
email notice
3 Ways
email notices
Twitter notices
Check on
on-line
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Page 9
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DFMC
Diocesan Fiscal Management Conference

Official Meeting Planner
Annual Conference 2014

3EPTEMBER
Hyatt Regency Chicago
Discounted Air Transportation
518-785-3392
Plaza Meetings 685 Watervliet Shaker Road # 1637 Latham, NY 12110
Fall 2013
DFMC
Page 10
RECOGNIZING LONG TERM M

Celebrating 25 Years
Celebra
Dave Malanowski (Diocese of

Kansas City-St. Joseph)
Wayne Lenell (Diocese of
Rockford)
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For 15 Years of Attendance

Ms. Laurie Downey
Diocese of Portland in Maine
Mr. Peter Flynn
Diocese of Fort Worth
Mr. William Clayton Dunlop
Archdiocese of Toronto
Mr. David J. Johnson
Archdiocese of Oklahoma City
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G TERM MEMBERSHIP
Celebrating 20 Years
Les Maiman, Jr., D.Min.

DFMC
For 10 Years of Attendance

Mr. Robert L. Ash
Archdiocese of Louisville
Mr. Thomas Schadle
Diocese of Tulsa
Dn. Jeff P. Trumps
Diocese of Lafayette in Louisiana
Mr. Michael J. Tooley
Diocese of Ogdensburg
Mr. William Russell
Diocese of Norwich
Mr. John Drozd, Jr.
Ukrainian Catholic Archdiocese of Philadelphia
Mr. Kevin A Larson
Diocese of Orange
Mr. William E. Whiston Archdiocese of New York
Ms. Tammy W. DiLorenzo Diocese of Biloxi
Mr. William G. Fisher
Diocese of Wheeling-Charleston
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Boston,
massachusetts
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REMARKS BY MOST REV. KEVIN J. FARRELL, BISHOP OF DALLAS

INTERNATIONAL CATHOLIC STEWARDSHIP CONFERENCE
SEPTEMBER 22, 2013
It is a pleasure to be with you this afternoon and I want to begin by offering my sincere thanks to all who so graciously
and generously invited me to offer these few remarks about your work here at this conference and throughout the year. Let me
begin by welcoming you to the great State of Texas and particularly to the Diocese of Dallas.
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As a community committed to Christian Stewardship you have accepted an important responsibility on behalf of others.
Let me thank you at the outset for all you are and do for others. In a culture that prizes accomplishments and efficiency I think
it is important to reflect that what we do comes from who we are and that who we are comes from a depth of commitment
drawn from a conversion in values that is not always evident in our society. The self sometimes seems to be all that matters.
But our work is not about the self it is about going beyond the self in self transcendence. Thank you for that counter cultural
stance that leads to all that you so generously do.
I come to you at an auspicious time for the Roman Catholic Church. These are challenging but exciting times for the
Church and we need to seize the moment! So far the reviews of Pope Francis papacy have been rather good, among
practicing Catholics, non-practicing Catholics, people of various religions and of no religion. I have a friend who calls herself
a non practicing atheist--now thats quite a phase, isnt it? She
told me the other day I love your pope! I take that as a very
good sign!
The papacy is barely six months old. We still await changes
in the rearrangement of some Vatican offices, perhaps even the
Vatican bank. We also await shifts in personnel, which, as so
many of you know, are the major changes that will affect the
day to day operations, efficiency and results from the Vatican.
However, let us not focus so much on the Ordinary
Administration of the Church but rather on the spirit of Pope
Francis. To the end, let me start by quoting the distinguished
church historian, Fr. John OMalley S.J., who like the pope is a
Jesuit, who says at this point, the beginning, in any papacy
style is substance.
If I were to try to summarize this popes style so far I would
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say that he sees himself as one sent to comfort the disturbed and
to disturb the comfortable.
Friends your profession plays a unique role in this mission.
Without your help, without your insistence on the theology of
stewardship, the catholic community could never hope to
14 DFMC Herald
Page 15
comfort the disturbed and to do that we need to disturb the
In response the pope raised his voice about the difficult
comfortable those who have become complacent and set
issue of migration and immigration. It was here he spoke of
in their ways.
the globalization of indifference.
Probably the most graphic example in the media is Pope
In our own nation the American bishops have been
Francis kissing and embracing the physically and
aligned with the recent popes in their position on
emotionally disabled, the paralyzed, and his visiting those in
immigration reform. Part of their rationale is that families
prison, to the point of washing their feet on Holy Thursday
should not be separated and that working migrants should
night. Then there were the remarks he made on the plane en
not be prejudiced against. How often it is our cold hearts,
route back to Rome from Rio, when he said what have
even more than cold economic facts, that determine our
become five famous words who am I to judge? His context
immigration policies. Yes, there really is the culture of
there was Jesus statement in the Gospel of Matthew about
indifference.
not judging least we be judged (cf. Mt. 7:1). One also hears
Several times the pope has spoken about accountability
Jesus own words to the Pharisees in Johns Gospel chapter
for the Vatican bank. He has set up two committees who
8, verse 15, after he challenges the crowd to throw the first
will report directly to him about the stewardship of the
stone at the woman caught in adultery, but I do not judge
bank.
anyone. The pope was in very good company indeed!

Just after his election the pope came to the balcony over
St. Peters and before giving his first blessing as the pope
asked everyone there to pause in silence and ask Gods
blessing on him. Then he blessed the crowd. The Saturday
Transparency and accountability must become

trademarks of all that we do as a Church, whether it is at
the national level, in the diocese, or in the parish.
Repeatedly the pope urges us to be good stewards of the
worlds resources. During the homily on the day of the
after being elected, Pope Francis held his first audience for
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all the media who were in Rome to cover the election. After
a brief address, with now famous off-the-cuff additions, he
Diocesan Financial Issues
said he would not give a blessing out of respect for the

people of different religions assembled. He asked that they
pause and pray in the silence of their hearts to God to bless
them and to bless the pope. The pope reminded us to
respect all peoples of all religions and of no religion at all. In
all this we can see that he has gone to great lengths to bring
comfort to those who might feel confused, outcast, or
disturbed.
But then again, on the other hand, he has not been shy
about disturbing the comfortable, whether in terms of ideas,
The document Diocesan Financial Issues

was developed by the Committee on
Budget and Finance of the United States
Conference of Catholic Bishops
(USCCB). It was approved by the full
body of the U.S. Catholic Bishops at its
November 2002 General Meeting and
has been authorized for publication by
the undersigned.
Msgr. William P. Fay
General Secretary, USCCB
ideology or positions on contemporary issues.

His first trip outside of Rome was to the island of
Available for download:
Lampedusa off the coast of Sicily. This is the site of migrants

seeking a better life in Italy. Many are turned away, with
http://usccb.org/about/financial-reporting/
some dying in the boats that brought them there. On August

2, 2013 twenty-five persons died en route to mainland Italy.
Fall 2013 15
DFMC
Page 16
beginning of his pontificate, March 19, he spoke no fewer
pope because of his strong positions on creation and the
than four times about care for the environment and respect
environment. And he is right. Too many resources cannot
for creation. In doing so he reflected a repeated theme from
reproduce themselves. The planet needs care for this
the 2007 Concluding Document of the Fifth General Conference
generation and the next generations to come.
of the Bishops of Latin American and the Caribbean, a

document that he had an important hand in drafting.
That Cardinal Bergolio was elected the pope was a
Towards the end of July when Pope Francis was in Rio

for World Youth Day he told the young people (and the not
so young people) to go home and make a mess. Yes, you
shock to many. Why? He was from Latin America, not
heard it right, he said to make a mess. He urged them to
Europe and because he is the first Jesuit pope! Nevertheless,
go home and be lively and truly committed missionaries of
he was elected because the Holy Spirit, out of Gods love for
what they had celebrated in Rio. Shake up your parishes, he
his own creation--his love for the human person and all the
said. Renew them with the Spirit and values of the Gospel.
natural resources of our world--felt the need for a leader
And to the bishops gathered in Rio he delivered a rather
such as Francis. Francis teaches us to overcome our
long and complete address. Among many other things he
indifference and our rejection of sisters and brothers. He
told them to get out of their offices, to get out of the sacristy
teaches us to overcome the ideology of power/economy and
and be fully engaged in the day to the day mission of the
their primacy over the human person.
church in the streets and marketplaces of their dioceses.
And even though some have called Pope Emeritus

Benedict the green pope for his writings on ecology, I
would anticipate that Pope Francis may well be the greener
Then there was September 19, when his interview with

the Jesuit Magazines was published. This has provided the
greatest insight into the ministry of Pope Francis.
His recurring themes are simple yet profound
U Return to the basics of the Gospel.
U God sent his only Son to redeem us.
U Show your love for God by expressing our love and
care for all of our sisters and brothers.
U Forgive one another as I have forgiven you.
U Be the Father of the Prodigal Son or the Good
Samaritan.
U Move away from polarizing ideologies, away from
reductionism, away from the nostalgia of days gone
by.
U Confront the culture of the day with the person of
Jesus Christ.
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It is true, the closer we are to Jesus Christ the more
likely we are to conduct ourselves according to the moral
dictates of the Gospel. This is the style and substance of
Francis.
The College of Cardinals elected a man of mission and
of vision. If style is substance, and I think that it is, then
we already have some clear directions of where the pope
16 DFMC Herald
Page 17
wants to lead the Roman Catholic Church. We must have

mercy and compassion and return to the basics of the
Gospel.
As we assemble here in these days may I ask that we
reflect on the mission as well as the person of the Holy
Father.
May I ask that we reflect on the emphasis that this Holy
Father has placed on stewardship of the worlds natural
resources, principal among them being the human person
and the family, especially as we strive to understand where
we place our own time, talent, and treasure?
May I ask that we allow the popes speeches and
example of his commitment and life help us shape our
values and form our consciences?
May I ask that we allow the words and example of the
pope to help us frame the debate about the environment
and our concern for others in terms of the worlds resources,
rather than rely on the predictable political partisan framing
of such debates by our legislators?
We sell our birthright when we fail to stand for the
Gospel and its distillation through the teachings of popes
and bishops even when they might cause discomfort.
Reason says:
Hire a jack of
all trades.
Instinct says:
Choose a master
of one.
Disturb the comfortable indeed.

At Grant Thornton, our notfor prot professionals
Dear friends I pray that these days together will renew
work extensively with organizations just like

yours. That focus gives them deep experience
us in such a way that we will continue to spread the Gospel
to help their clients grow in their ability to

serve the greater good. See how they do it at
of Stewardship throughout our Church. As the Lord has told
GrantThornton.com/nfp.
us, More will be demanded of the person entrusted with

more (Lk 12:48).
May the Lord bless you all. May you like Pope Francis,
comfort the disturbed and when necessary, disturb the
Gran t Th o rnto n refers to Gran t Th o rn to n LLP, th e U.S.

memb er firm o f Gran t Th o rn to n In tern atio n al Ltd .
comfortable.
Fall 2013 17
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L AW BRIEFS
Enforcement of Contract Requiring Arbitration in

Accordance with Christian Conciliation Rules Does Not
Violate Personal Representatives Constitutional Rights
Teen Challenge of Florida operates a faith-based residential treatment program to assist young people in overcoming drug
addiction. When 19-year-old Nicklaus Ellison entered the program, he agreed in writing that any dispute between him and Teen
Challenge would be settled by biblically based mediation and, if necessary, legally binding arbitration, in accordance with the
Rule[s] of Procedure for Christian Conciliation of the Association of Christian Conciliation Services, and that these methods
would be the sole remedy for resolving any dispute.
Ellisons participation in the program was suspended on three separate occasions due to drug related relapses. Tragically,
following his third suspension, Ellison never returned to the program and later died from a drug overdose.
Ellisons mother, Pamela Spivey, as personal representative of his estate, sued Teen Challenge for wrongful death based on
its alleged negligence. When Teen Challenged moved to compel arbitration under the Christian Conciliation rules, Spivey
claimed that requiring her to submit to religious arbitration would violate her rights under the due process and religion clauses
of the United States and Florida Constitutions.
A state trial judge rejected Spiveys constitutional claims, and granted Teen Challenges motion to compel arbitration under
the Christian Conciliation rules. An intermediate appellate court has now affirmed.
There is no dispute that Ellison voluntarily agreed to arbitration. Spivey claimed, however, that her constitutional rights
would be violated if she were required to proceed through an arbitration process that invoked religious principles and (at least
facially) involved religious acts such as prayer. The appeals court rejected that claim. Under Floridas wrongful death law, Spivey
stand[s] in her sons shoes and is bound by his decision to arbitrate any dispute arising out of his enrollment in the Teen
Challenge program. The appeals court made two observations. First, the courts are required to indulge every reasonable presumption in favor of arbitration, recognizing it as a favored means of dispute resolution. Am. Intl Grp., Inc. v. Cornerstone Bus.,
Inc., 872 So.2d 333, 338 (Fla. Dt. Ct. App. 2004) (citing cases). This presumption, the appeals court indicated, extends to
private religious arbitration, which is exceedingly common in our pluralistic religious societymost major religious denominations have some method of private dispute resolution within their domains, some going back hundreds of years. As one
commentator notes, the current and continued existence of religious arbitration in the United States is not disputed, as it has
been utilized for decades within a variety of religious communities. Indeed, courts routinely uphold agreements to submit disputes to religious arbitration in the absence of fraud, duress, or corruption. [Citations omitted.]
Second, the Christian Conciliation rules appear to be indistinguishable in almost every respect [from] those of secular
arbitration organizations. The Rules consist of ten pages of single spaced text covering every major aspect of standard secular
mediation and arbitration processes.
Boiled down to their essence, the Rules differ from those of secular groups only because of a scattering of religious elements
added to solemnize the process and to promote and advance conciliation as a spiritual goal.
Spivey objected to Rule 4, which states that arbitrators shall take into consideration civil law, but that the Bible shall be the
supreme authority governing every aspect of the conciliation process. [Emphasis added.] Nothing in this provision, however,
suggests that the Bible is to provide substantive guidance on legal principles such as negligence or wrongful death. That Ellison
and Teen Challenge were free to choose a religious process to resolve their dispute does not raise a concern that the resolution
of their dispute would be inconsistent with any federal or state substantive law.
Spivey also objected to a provision in the rules calling for prayer as a normal part of the mediation and arbitration process.
She argued that as personal representative, she should not be required to engage in a process involving Christian prayer (though
she herself is Christian), because, in the context of a mandatory arbitration clause, that would amount to a governmentallycoerced religious act. Florida case law establishes, however, that a personal representative cannot validly object that fulfilling the
deceaseds wishes offends the religious sensibilities of the personal representative. The personal representative serves not his or
her own interests, but the interests of the estate. A personal representative unwilling to advance the deceaseds wishes must pass
Law Briefs is reprinted with special permission granted
along those responsibilities to someone else.
by the Office of General Counsel,
United States Conference of Catholic Bishops,
Washington, D.C.
Based on this principle, the appeals court elaborated, if

a decedent desires that his estate go to his synagogue, be used
for the printing of Qurans, or be distributed only to heirs who
18 DFMC Herald
Page 19
L AW BRIEFS
believe in Jesus Christ, the role of the personal representative is an agnostic one: to fulfill the decedents express wishes. Under
the law, Ms. Spivey must make a choice. She can be the personal representative of Nicklauss estate, but she cannot simultaneously forestall her duties and thwart the agreement of the deceased based on her personal religious objections.
This case does not involve a will, but the same principles apply. Spivey must comply with the arbitration agreement or else
resign and have a replacement appointed as personal representative of her sons estate. Indeed, the appeals court cautioned,
had the trial court determined that the arbitration agreement was unenforceable due to its religious nature, its action could itself
arguably constitute an impermissible entanglement under religion clause jurisprudence. [Internal quotation marks omitted.]
Practice point: As the appeals court acknowledged, the Christian Conciliation rules can be read to make prayer optional, and
Teen Challenge was willing to interpret the rules to accommodate Spiveys objection to prayer. But these concessions, the court
wrote, do not detract from Ms. Spiveys fundamental legal obligation to comply with [her] obligations as personal representative
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of the estate. M.M.
See: Spivey v. Teen Challenge, No. 1D12-437, 2013 WL 5584237 (Fla. Dt. Ct. App. Oct. 11, 2013).
Former School Teachers Motion to Compel Discovery in

Employment Litigation Against Diocese Granted in Part,
Denied in Part
Emily Herx sued the Diocese of Fort Wayne-South Bend and St. Vincent de Paul School, claiming that her teaching contract
was not renewed after the school learned that she was pregnant through in vitro fertilization, purportedly in violation of the
morals clause of her contract. Herx alleged discrimination based on sex and pregnancy in violation of Title VII and disability
(infertility) in violation of the Americans with Disabilities Act.
Herx filed a motion to compel complete responses to written discovery. The diocese filed a response. After a hearing, the
court granted Herxs motion in part and denied it in part.
Three broadly-framed issues were presented by the motion to compel: (a) whether potential comparator discovery evidence
should be limited to employees of the school or, instead, the
entire diocese, (b) whether the defendants were entitled to
limit discovery by invoking certain constitutional and statutory defenses, and (c) whether Herxs discovery requests were
unduly burdensome, vague, ambiguous, irrelevant or overly
broad.
At the motions hearing, Herx offered to limit the scope of
her discovery to all diocesan teachers who signed a Regular
Teaching Contract containing the same moral clause that
she had signed.
The diocese objected that this request was still too expansive. It argued that only teachers at St. Vincent de Paul School,
and perhaps just those who underwent in vitro fertilization,
were proper comparators. The court concluded that Herx was
entitled to see how the morals clause has previously been
applied to Dioces[an] teachers. Limiting potential comparators to, say, only those who have undergone in vitro
fertilization is overly restrictive and counter to the broad
scope of discovery to which parties are entitled. The court
also concluded that discovery should extend to the entire
diocese because Herx had proffered evidence that diocesan
officials were consulted about her contract nonrenewal.
CathoNet Partners Alliance (CPA)

The CPA aligns best-in-class financial service organizations
that enable Catholic Dioceses to implement sustainable
stewardship of temporal goods, reduce costs, standardize
financial reporting, and make informed decisions to support
the overall mission of the Church.
CathoNet t FACTS Management t Arthur J. Gallagher & Co. t BAS t IOI
Stewardship = (Dioceses + CPA)Collaboration
In summary, the court wrote, because all the Dioces[an]

teachers were subject to the same morals clause that was
cited as the reason [for] Herxs contract nonrenewal, and
because there is evidence that Dioces[an] officials were
STANDARDIZATIO N TRANSPARENCY
SUSTAINABLE STEWARDSHIP
INFO RMED DECISIO NS REDUCING CO STS
RISK MITIGATIO N
Fall 2013 19
DFMC
Page 20
L AW BRIEFS
involved, at least to some extent, in her contract nonrenewal, the Dioces[an] teachers signed to a Regular Teaching Contract
containing the same morals clause are the proper comparators.
The defendants argued that the disputed discovery constituted an impermissible inquiry into religiously-based matters
involving a religious employer in violation of the Religion Clauses of the First Amendment. The court disagreed. The Religion
Clauses preclude the Government from taking certain actions with respect to religious institutions, the court wrote, they are
not implicated in discovery requests from one private party to another.
Nor did the court find a statutory bar to discovery. Title VII exempts religious organizations from claims of employment
discrimination on the basis of religion. But that exemption does not apply here, the court concluded, because Herx does not
allege discrimination on the basis of religion.
The defendants argued that the discovery requests were unduly burdensome because they would require obtaining files from
the dioceses 81 parishes and 41 schools. Herx offered to limit discovery to the schools, and the court found that this, along with
the five-year scope of Herxs request, mitigated the burden on the defendants.
On two specific discovery issues, the court ruled in favor of the defendants. In interrogatories, Herx had asked the school to
identify all ways in which a male employee can commit an impropriety regarding Church teachings or laws regarding infertility treatment and sterilization or birth control. That interrogatory was overly broad and unduly burdensome, the court
concluded, because the universe of potential improprieties, many of which would have no relevance to the present case, is virtually limitless.
In addition, in requests for admissions, Herx had asked the diocese to admit that the Diocese employs openly gay and lesbian teachers, including in its elementary schools. The court concluded that this unexplained request was both irrelevant and
not reasonably calculated to lead to the discovery of admissible evidence.M.M.
See: Herx v. Diocese of Fort Wayne-South Bend, No. 1:12-CV-122, 2013 WL 5531376 (N.D. Ind. Oct. 7, 2013).
Federal Court in Vermont Holds it Has General Personal

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Jurisdiction Over the Diocese of Albany

Michael Shovah claimed that a priest of the Diocese of Albany had abused him during a trip they took to Vermont, and that
the Diocese of Albany had breached its fiduciary duties to him and negligently supervised the priest. Shovah sued in federal court
in Vermont, for reasons that do not appear from the opinion, and the diocese moved to dismiss for lack of personal jurisdiction.
The court recognized that the diocese had not sanctioned or authorized the alleged trip to Vermont, and that it does not own
any real property, maintain an office, or possess any financial records in Vermont. The diocese is incorporated in New York.
Nevertheless, the court decided that the diocese was subject to personal jurisdiction in federal court in Vermont.
The court focused on essentially four facts to conclude that it had general personal jurisdiction over the Diocese of Albany.
The diocesan newspaper was subscribed to by 40 Vermonters, and the diocese did a miniscule amount of business with
Vermonters, including receiving less than a tenth of one percent of its contributions from Vermont, enrolling 12 Vermont children
in diocesan schools, and doing business with six Vermont vendors.
The court clearly considered certain activities of Albany priests in Vermont to be the deciding factor in terms of personal
jurisdiction. Priests incardinated in the Diocese of Albany had celebrated Mass a small number of times in Vermont. One priest
had been explicitly authorized by the Bishop of Albany to regularly celebrate Mass over several years at a church in Vermont,
with the approval of the Bishop of Burlington. There was no indication that the Bishop of Albany was aware of, or approved of,
the other instances.
Of some concern is the courts emphasis on the concept of the apparent authority of priests to act for a diocese, to serve as
a basis for general jurisdiction. Shovah could not point to the Vermont activities of any but one Albany priest as having been
conducted with the actual authority of the Diocese of Albany. The court, however, noted that a principal may generally be responsible for the actions of his agent even when the agent has only apparent authority. In addition, apparent authority may be based
on the conduct of a principal which may be reasonably interpreted by others to mean that the principal has consented to the
actions done apparently on his behalf by the supposed agent. So, the court asked whether a third party could reasonably believe
that Albany priests conducting activities in Vermont were acting as agents of the Diocese of Albany.
The court concluded that Albanys simple incardination of its priests is sufficient to meet that standard. The activities they
conducted in VermontMasses and other servicesare part of the priests core responsibilities as officers of the church and the
Diocese, the court wrote.
20 DFMC Herald
Page 21
L AW BRIEFS
Based on a simplistic application of the neutral and generally applicable rubric from Employment Division v. Smith, 494 U.S.
872 (1990), the court rejected the dioceses argument that imputing these contacts to the diocese on this basis would conflict
with the Religion Clauses.
After concluding that the exercise of personal jurisdiction over the Diocese of Albany would comport with traditional
notions of fair play and substantial justice under International Shoe v. State of Washington, 326 U.S. 310 (1945), the court denied
the dioceses motion to dismiss.
Practice point: The courts suggestion that the mere incardination of a priest is a sufficient basis on which to find that he had
the incardinating dioceses implied authority for his conduct, and that a third party may legitimately rely on that to claim that the
diocese is bound by the acts of that priest pursuant to that apparent authority to bind (or otherwise legally impact) the diocese,
is deeply troubling in a number of ways. It potentially allows vicarious liability to turn on a purely religious role and assessment,
and more particularly it suggests that a diocese may be jurisdictionally present wherever its priests have gone in the performance of any religious functions, even if a litigants hypothetical claim does not arise out of any actions such priests take while
there. Shovah did not argue that the court had specific personal jurisdiction over the diocese, only general jurisdiction. The
standard for apparent authority turns on a courts guess about what a reasonable person might conclude about a putative agents
authority to act for his principal, and a court could decide that a reasonable person might conclude that any incardinated priest
had the authority to bind his diocese in any of a number of ways never contemplated as a result of the simple and purely religious
act of incardination.
Counsel interested in this jurisdictional issue should note that the Diocese of Albany has moved the district court for permission to appeal this jurisdictional ruling, pursuant to 28 U.S.C. 1292(b). The diocese argues that the decision is at odds with
the more stringent standards for general jurisdiction that the Supreme Court outlined in Goodyear Dunlop Tires Operations v.
Brown, 131 S. Ct. 2846 (2011), and that permitting an interlocutory appeal would materially advance the ultimate termination
of the litigation. That motion is still pending.
J.H.M.
See: Shovah v. Mercure and Roman Catholic Diocese of Albany, No. 2:11-CV-201, 2013 WL 4736836 (D. Vt. Sept. 3,
2013).
Your Total
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Program
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Websites Made Easy
To learn more about our
solutions or to schedule a
free consultation, call
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Fall 2013
21
DFMC
Page 22
Thank You to 2013s

Scholarship Sponsors
Catholic Church Extension Society

Benefit Allocation Systems, Inc.
The Concord Advisory Group, Ltd.
ParishPay
USI Consulting Group
SAINT PAUL UNIVERSITY

ANNOUNCES
CANON LAW GRADUATE DIPLOMA
IN CHURCH GOVERNANCE
The Faculty of Canon Law of Saint Paul University announces a Graduate Diploma in Church Governance to be
offered during academic year 2013-2014. The Graduate
Diploma consists of 15 credits of coursework, all of which
are offered on line. The five required courses are: General
Norms, Universal and Supra-Diocesan Structures, Particular
Churches, Temporal Goods, and Penal Law. This Graduate
Diploma is designed for those who are involved in leadership in dioceses and religious institutes, as well as civil attorneys and other who provide assistance to bishops and
other Church leaders.
For more information, contact:
Saint Paul University, Faculty of Canon Law, 223 Main
Street, Ottawa ON, K1S 1C4, Canada.
613-236-1391 800-637-6859 info@ustpaul.ca
Website: http://ustpaul.ca/en/faculty-of-canon-lawhome_44_39.htm
Mark Your Calendar

Now For DFMC 2014
In Chicago!
September 2014
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14 15 16
21 22 23 24
3
17
56
18
19 20
25 26 27
28 29 30
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22 DFMC Herald
Page 23
Address Update
What would you like to see in The Herald?
If you wish to update our mailing address information or if you

wish to add other names to our list please complete the information
Members are encouraged to submit items as well as articles for

consideration in The Herald. Notices of Employment Opportunities are
below or visit www.dfmconf.org:
published on the web site as they are received in the National Office,
as well as in the upcoming edition of The Herald.
The Herald Publication Schedule
Name
Position
Arch/Diocese
DFMC Herald will accept notices and articles for future issues according
to the following schedule:
State
Deadline Date
April 30
July 30
October 31
January 31
Address
City
Zip
Deletion Addition Correction
Spring Issue
Summer Issue
Fall Issue
Winter Issue
Publication Date
May 31
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November 30
February 28
We would appreciate your comments & input on items for future issues.
Please Mail T o: DFMC NATIO NAL O FFICE, 4727 E. Be ll Road, Ste . 45-358, Phoe nix, AZ 85032
Fall 2013
23
Page 24
DFMC
Diocesan Fiscal Management Conference
FIRST CLASS MAIL
Presorted First Class
U.S. Postage
PAID
Permit No. 193
Winona, MN
National Office U 4727 E. Bell Road, Ste. 45358, Phoenix, AZ 85032
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DFMC
A SSOCIATION MEETINGS
Diocesan Fiscal Management Conference (DFMC)

September 21, 2014
September 24, 2014
Chicago, IL
Hyatt Regency Chicago
September 27, 2015

September 30, 2015
Atlanta, GA
Hyatt Regency Atlanta
Diocesan Information Systems Conference (DISC)

June 18, 2014
June 20, 2014
San Jose, CA
TBA
Canon Law Society of America (CLSA)

October 13, 2014
October 16, 2014
St. Louis, MO
Millennium St. Louis
The Resource Center for Religious Institutes (RCRI)

November 4, 2014
November 7, 2014
St. Louis, MO
To Be Announced
International Catholic Stewardship Council (ICSC)

October 5, 2014
October 8, 2014
Catholic Cemetery Conference (CCC)

TBA
Orlando, FL
The Buena Vista Hotel

and Spa
Conference for Catholic Facility Management (CCFM)

May 8, 2014
New Orleans, LA
Astor Crowne Plaza Hotel
May 10, 2014
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Message from the

At a time of year that invites us to

we sure missed those

thank God for his blessing of our 44th

unable to attend and

Conference in Boston. The evaluations

and join us this

words: General session speakers were all

Hyatt Regency located just steps from

of the best conferences (content) that I

This was only made possible with the

time of change as we bid a fond farewell to

of Boston, the heavy lifting of the Program

our organization over these past 7 years,

of speakers, and of course you, the

Markey, who will serve as our new

We set yet another attendance record with

Lord bless both of these men in their

From the Desk of the Executive Director

Dn. Jef f P. Trumps

Vice President / Program Chair

Joan Lof f redo

Most Rev. Donald W. Trautman,

Episcopal Moderator Emeritus

Mary B eth Koenig

Archdiocese of New York

4727 E. Bell Road, Ste. 45-358

DFMC welcomes new Certified Diocesan Fiscal Managers

Current Listing of Certified

members interested in this program. During the 2012

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

New Board Members

New Board Officers

Committees for 2013/14

The DFMC would like to

Thank and Recognize our

Ms. Joan Loffredo

Arthur J. Gallagher &

Chair: Mr. Richard Kelly

Mr. Brad Wilson

TIAA CREF Financial

Mr. William E. Whiston

Waldorf Risk Solutions

Mr. David E. Hessel

PROMOTING AND ADMINISTERING NATIONAL COLLECTIONS

Christian Brothers Investment Services, Inc.

Managing Principal Stephen H. Schott

Deposit & Loan

Endowments & Foundations

401(k) & 403(b) Plans

CapTrust Advisors, LLC

Tampa Miami Naples

CONTINUED FROM PAGE 1

Diocesan Fiscal Management Conference

Annual Conference 2014

Discounted Air Transportation

RECOGNIZING LONG TERM M

Dave Malanowski (Diocese of

For 15 Years of Attendance

Diocese of Portland in Maine