February 21, 2004
NEWS RELEASE
FOR IMMEDIATE RELEASE
For More Information, Contact:
Bud Bunce (503) 233-8373
bbunce@archdpdx.org
Archbishop releases local data on misconduct cases
Archbishop John G. Vlazny
sent a letter to parishes for distribution to Catholics in
Western Oregon providing information on
the number of allegations against priests for
misconduct involving minors since 1950,
and on related costs incurred as a result of
these allegations.
The Archbishop begins,
"the Archdiocese of Portland has continued to work to
ensure the safety of every child and young
person in every Archdiocesan setting. We
continue to implement safety and abuse
prevention programs in our schools and
parishes." He reminds parishioners that
in September 2003 the Archdiocese of
Portland participated in an audit of its
policies and procedures regarding child abuse
issues. The outside audit team reported
directly to the United States Conference of
Catholic Bishops' independent National
Review Board. In January of this year, this
Board reported that the Archdiocese of
Portland is in full compliance with the Charter for
the Protection of Children and Young People
and the Essential Norms for
Diocesan/Eparchial Policies Dealing with
Allegations of Sexual Abuse of Minors by
Priests or Deacons.
In reviewing the history
of the past 53 years, 1950 through 2003, Archbishop
Vlazny reported, "37 priests have been
accused of sexual misconduct with a minor
while working in an Archdiocesan ministry
assignment. During those 53 years, there
were at least 1150 priests serving in
those Archdiocesan assignments. This number
includes diocesan priests of this or another
diocese, and religious order priests serving
in a parish or other assigned ministry."
One hundred eighty-one
persons made allegations. "This total of 181 includes all
allegations made from 1950 through 2003,
whether substantiated, credible,
questionable or likely false. Seventy-six
of the 181 allegations were made against the
same 2 priests." Archbishop said, "The
litigation in which the Archdiocese has been
involved relates to incidents that allegedly
occurred back as far as 1940." He also
stated, "No Archdiocesan priest against
whom an allegation of abuse has been made is
serving in an Archdiocesan ministry."
In the 53 years from
1950 through 2003 the Archdiocese of Portland has paid
"almost $26 million out of its own funds
in settlements. Its insurers paid an additional
$27 million. Most of the amount paid in
settlements has been paid during the past four
years." The funds for these settlements
include: "insurance coverage provided by
commercial insurance carriers, the Archdiocese
Insurance Fund and other funds of the
Archdiocese not held in charitable trust."
The Archdiocese reduced staff and budgets at
the Pastoral Center in addition to borrowing
substantial sums of money to pay for these
settlements.
Archbishop concludes
his letter by stating, "I assure you once more of my
commitment: to promote healing and reconciliation
with the victims of child sexual
abuse; to effectively respond to allegations
of sexual abuse of minors by Archdiocesan
personnel; to ensure compliance with the
procedures we bishops adopted in the
Charter; and to protect the faithful in
the future."
(A complete copy of Archbishop Vlazny's
letter to parishioners is included below.
Information on the results of the audit
of the Archdiocese by the National Review Board
on the Charter for the Protection for
Children and Young People is available on our web
site: www.archdpdx.org/abuse-policy-revised/charter-audit03.html).
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February 17, 2004
Dear Friends in Christ,
In the last eight months since I communicated with you in this manner, the Archdiocese of Portland has continued to work hard to ensure the safety of every child and young person in every Archdiocesan setting. We continue to implement safety and abuse prevention programs in our schools and in our parishes. I am grateful to all of you who have cooperated in this endeavor. We are pleased that an audit conducted here in mid-September found the Archdiocese in full compliance with the 2002 Bishops' Charter for the Protection of Children and Young People. A number of my weekly columns in the Catholic Sentinel have been devoted to pastoral concerns about child abuse and our efforts to keep our children safe. If you haven't had a chance to read these columns, I hope you will find time to check them out on the Archdiocesan website: www.archdpdx.org.
Even as we continue our work to prevent child abuse, we are still dealing with legal cases from decades past. We are making every effort to settle these cases and bring some measure of healing and closure, but much remains to be done. Today, I would like to bring you up to date in the same question and answer format many of you found helpful last year.
1. How many claims against the Archdiocese have been settled? How many are still pending?
Since I last wrote to you in June 2003, 25 more claims have been resolved. Most were mediated and settled by the parties; some were dismissed by the court.
Forty-eight claims are presently pending against the Archdiocese, alleging acts that occurred from 18 to 40 years ago. Forty of these were recently filed and are in early stages of information gathering. The other eight claims were not successfully mediated, so they have not been settled and are headed for trial. We are prepared to defend these cases vigorously, if need be. However, our efforts to resolve each case are ongoing. Again I assure you that I am committed to compensating each injured plaintiff fairly, within the limited resources of the Archdiocese.
2. Where did the settlement money come from?
To date we have funded settlements from a combination of sources: insurance coverage provided by commercial insurance carriers; the Archdiocesan Insurance Fund (which is now depleted and operating in the red); and other funds of the Archdiocese not held in charitable trust. To help provide settlement funds, we laid off 20 staff members and have instituted a number of cost cutting measures at the Pastoral Center. We are also borrowing substantial sums of money and pursing recovery of what is owed to the Archdiocese by insurance companies.
What we have not done, and what I cannot do, is fund settlements using parish assets or other assets held in charitable trust (e.g., Archbishop's Appeal funds, Priest Retirement funds, Catholic Education Endowment funds, and the like). It would be a violation of canon law to seize parish property or use trust funds. I do not intend to violate canon law.
I am still hopeful that we will be able to successfully move beyond this litigation. Much will depend on whether we can resolve the pending claims for reasonable amounts.
3. I heard about the Catholic Bishops Study. What is that and when will it be released?
In the Charter for the Protection of Children and Young People, the bishops set up a National Review Board made up entirely of lay people. The bishops asked the Board to commission a study on the nature and scope of the problem of sexual abuse of minors by Catholic clergy within the United States. The results of this study will be released next week. It will provide information on the number of clergy who have been accused of sexual abuse of minors, the number of persons making allegations and the financial costs of compensating individuals.
This study is extraordinary. No other organization or profession has done a comparable study. The bishops took this risk as a sign of their willingness to be accountable and to be sure that the steps being taken by each diocese are sufficient to overcome the problems of the past.
4. How does the situation in the Archdiocese of Portland in Oregon compare with national results?
I do not know the results of the bishops'
study at this time, but I can share some information concerning our own
situation. Over the past 53 years, from 1950 through 2003, 37 priests have
been accused of sexual misconduct with a minor while working in an Archdiocesan
ministry assignment. During those 53 years, there were at least 1150 priests
serving in those Archdiocesan assignments. This number includes diocesan
priests of this or another diocese, and religious order priests serving
in a parish or other assigned ministry.
One hundred eighty-one persons have made allegations against these 37 priests. This total of 181 includes all allegations made from 1950 through 2003, whether substantiated, credible, questionable or likely false. Seventy-six of the allegations were made against the same 2 priests. Over the last 53 years through the end of 2003, the Archdiocese has paid almost $26 million out of its own funds in settlements. Its insurers paid an additional $27 million. Most of the total amount paid in settlements has been paid during the last four years. As noted above, the Archdiocese is pursuing further recovery from insurance companies.
5. Why are the settlements so expensive?
We consider a number of factors in determining what would be a reasonable settlement amount in a particular case: the credibility of the claimant; the harm he or she suffered; whether the priest accused is alive and able to defend himself; and the legal and financial risks inherent in taking the case to trial.
The litigation in which the Archdiocese has been involved relates to incidents that allegedly occurred as far back as 1940. We are faced with great challenges in evaluating these claims. Most of the accused priests are dead or mentally unable to defend themselves. All of the Archbishops who supervised the accused are dead, as are other necessary witnesses. Documents which might shed light on the allegations, if there were any, are no longer available.
Another reason why settlements are so high is that Oregon law is very unfavorable to the Archdiocese in these cases. Oregon is the only state in which an employer may be held liable for alleged acts of child abuse in decades past, by a long deceased employee, based on the uncorroborated testimony of a plaintiff – even when there is no evidence that the employer knew or could have known of the misconduct alleged. Oregon law on the statute of limitations is also unique and very favorable to plaintiffs in these cases. Very old claims are allowed to be brought decades later.
Some of you have asked how we know the Archdiocese is not paying on any claims that are exaggerated or even false. We don't know – we can only do our best in a challenging legal situation.
6. Are there accused priests working in our parishes or other pastoral assignments?
No Archdiocesan priest against whom an allegation of abuse has been made is serving in an Archdiocesan ministry assignment.
Whatever the national study may report
about the number of victims and abusers among the tens of thousands of
priests who have served in the last 50 years, one abuser and one victim
are one too many. The care of young people is among the Church's most important
obligations. I assure you once more of my commitment: to promote healing
and reconciliation with victims of child sexual abuse; to effectively respond
to allegations of sexual abuse of minors by Archdiocesan personnel; to
ensure compliance with the procedures we bishops adopted in the Charter;
and to protect the faithful in the future. Please join me in these efforts
and in praying for the protection of our archdiocesan church and for our
success in resolving the remaining claims.
Sincerely yours in Christ,
Most Rev. John G. Vlazny
Archbishop of Portland in Oregon
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