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DFMC
Volume XXIV, Number 4 # Fall 2013
compared to 280 in
2011 and 303 in
2012.
While we are
thankful for all that
were able to make it,
Jeff P. Trumps
Diocese of Lafayette
in Louisiana
conference will be
September 21-24, 2014 in Chicago at the
Strongest agenda/speakers/conference I
have attended. Overall, this has been one
Mile).
This years conference also marked a
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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Go online to learn more
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BOARD OF
DIRECTORS
President
Diocese of Lafayette in Louisiana
Richard Kelly
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
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
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
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
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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
Fall 2013
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William Fisher
Diocese of WheelingCharleston
David Hessel
Archdiocese of GalvestonHouston
Jeff P. Trumps
Richard Kelly
Diocese of Lafayette in
Louisiana
Archdiocese of Cincinnati
Joan Loffredo
Diocese of Salt Lake City
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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
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Program Planning
Union
Our Sunday Visitor
Smart Tuition
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Responsible Stewardship
of Catholic Institutional
Investments
CBIS works in partnership with Catholic
INST IT Utions to develop socially responsible
INVEST ING
and future investment needs.
CBIS is the leading Catholic institutional
investment management firm serving Catholic
organiZAT IONS
$4 billion in assets
For more information, please contact:
2OBERT
(EAD
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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
Pensions
Fall 2013
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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
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518-785-3392
Plaza Meetings 685 Watervliet Shaker Road # 1637 Latham, NY 12110
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Celebra
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Archdiocese of Toronto
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G TERM MEMBERSHIP
Celebrating 20 Years
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Boston,
massachusetts
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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
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in their ways.
indifference.
not judging least we be judged (cf. Mt. 7:1). One also hears
bank.
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
http://usccb.org/about/financial-reporting/
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than four times about care for the environment and respect
he was elected because the Holy Spirit, out of Gods love for
his own creation--his love for the human person and all the
said. Renew them with the Spirit and values of the Gospel.
told them to get out of their offices, to get out of the sacristy
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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
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Reason says:
Hire a jack of
all trades.
Instinct says:
Choose a master
of one.
GrantThornton.com/nfp.
comfortable.
Fall 2013 17
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DFMC
L AW BRIEFS
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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).
STANDARDIZATIO N TRANSPARENCY
SUSTAINABLE STEWARDSHIP
INFO RMED DECISIO NS REDUCING CO STS
RISK MITIGATIO N
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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).
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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).
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Address Update
published on the web site as they are received in the National Office,
as well as in the upcoming edition of The Herald.
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
Spring Issue
Summer Issue
Fall Issue
Winter Issue
Publication Date
May 31
August 30
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
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Winona, MN
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DFMC
A SSOCIATION MEETINGS
Chicago, IL
Atlanta, GA
San Jose, CA
TBA
St. Louis, MO
St. Louis, MO
To Be Announced
Orlando, FL
New Orleans, LA
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