OPERATIONAL DIRECTIVES FOR PARISH REORGANIZATION. Diocese of Scranton

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1 OPERATIONAL DIRECTIVES FOR PARISH REORGANIZATION Diocese of Scranton A. Introduction Dioceses across the United States have been engaged in discussions concerning pastoral planning and parish reorganization. The Diocese of Scranton is no exception to this reality. Mindful of its commitment to proclaim the gospel of Jesus Christ, the Diocese of Scranton has entered the first stages of long range pastoral planning and diocesan-wide parish reorganization and renewal. Its sole purpose for embracing this process is to become more effective in its Mission of Evangelization. A consideration of parishes in the Diocese of Scranton in present-day circumstances reveals a number of pressing issues and serious challenges. In some instances there is considerable growth in population, particularly in the most eastern counties of the Diocese. In the central region of the Diocese in particular, there are a number of parishes in close proximity to one another parishes established and built at a time when the Catholic population was increasing and personnel were readily available. While the Diocese is experiencing a new wave of immigration, there is the reality of declining membership in many parishes, both territorial and national. This reality is most notable, however, in many of our national parishes established at the beginning of the last century. Where once thriving communities existed, in many instances there now exist only small, aging remnants of these distinct cultural groups. Finally, the acute shortage of priests has made it impossible to staff every parish in the Diocese with a resident pastor. While the process of long range pastoral planning and diocesan-wide reorganization and renewal will span a time frame of several years, the Diocese is keenly aware of pastoral concerns that demand urgent consideration. These operational directives are meant to address such concerns, to ensure that canonical rights are maintained, and to provide for the appropriate pastoral care of the faithful during a time of transition. B. Guiding Principles for Reorganizing Parishes The Diocese will adhere to the following principles in this policy for parish reorganization. In most instances due to the nature of these directives, the principles will 1

2 deal with the suppression or notable alteration of parishes and not the establishment of them: 1. Subsidiarity and Communio The complimentary principles of subsidiarity and communio will be honored in this process. Ecclesial communion charges the Bishop to work constantly for the common good of the diocese, mindful that this is subordinated to the good of the universal Church and that, in turn, the good of the diocese prevails over that of individual communities. Conversely, respect will be shown for the legitimate competence of those in individual communities, encouraging healthy initiatives, individual or collective, among the faithful. 2. The Parish in Canon Law The 1983 Code of Canon Law presents the parish primarily in terms of the community of people of whom it is composed: A parish is a definite community of the Christian faithful established on a stable basis within a particular church; the pastoral care of the parish is entrusted to a pastor as its own shepherd under the authority of the diocesan bishop (canon 515.1). Once established, this community of the faithful has the right to permanent existence; it is a public juridic person (see canon 515.3), which by its nature is perpetual (see canon 120.1). However, as an existing public juridic person, a parish can be closed by a competent authority (see canon 120.1), amalgamated with other parishes to form a new one, divided up and joined either to other parishes or the parts made into new parishes (see canon 122). 3. Competent Authority Canon identifies the Diocesan Bishop as the competent authority in the particular Church, that is diocese, to establish, alter or close parishes. 4. Terminology In reference to a change in the status of a parish, canon uses three terms: erect, suppress, and notably alter. To erect a parish is to bring it into existence; To suppress a parish is to end its existence; To notably alter a parish admits of a number of possibilities: - to join two or more parishes into one; - to divide a parish into more than one; - to change a parish from territorial to personal or visa versa; - to modify parish boundaries. 2

3 5. A Just Cause In order that the exercise of pastoral leadership be consistent and not appear arbitrary, the Diocesan Bishop must have a just cause for the modification of a parish. That cause may be determined by particular circumstances in either the diocese itself or the parish concerned. While distinctions must be made between suppressing and/or notably altering a parish and closing a church building, it is often difficult to separate the cause(s) leading to both actions. The deterioration of a church building, while not necessarily a cause for the suppression of a parish community, may be the catalyst for assessing the viability of a particular parish. The process for discerning a just cause for the modification of a parish must take into consideration, among other things, the number of parishioners in a parish as well as demographics of a particular area, the financial viability of a parish, the condition of parish facilities, parish sacramental statistics, and the parish s proximity to other parishes. The number of priests available for service is another consideration that must be addressed. Essentially, a parish s ability to maintain the Mission of the Church must guide any discussion regarding its viability or lack thereof. Given the guiding principles of communio and subsidiarity, in most instances a just cause for the modification of a parish will emerge from the parish level and be presented to the Diocesan Bishop for consideration. 6. The Rights of the Members of the Christian Faithful The Diocesan Bishop The Diocesan Bishop alone has the right to alter or suppress a parish. However, he may not do so without first consulting the Presbyteral Council. He is obliged to clearly define the nature of these actions and to ensure that they are properly executed. He must further ensure that the spiritual goods of the Church continue to be supplied to the Christian faithful affected by any parish modification. The Christian Faithful In all situations where the status of a parish is to be affected, the Diocesan Bishop is to assure that the rights of the faithful are carefully safeguarded. All of the Christian faithful have the right to receive from the Church s pastors the spiritual goods of the Church, especially the Word of God and the sacraments (see canon 213). Consequently, the faithful have a corresponding right to expect the opportunity to be nourished by the Word of God and the sacraments. That right does not extend, however, to 3

4 demanding that a particular parish be established, maintained or unaltered for them to exercise that right. There are other pastoral means for this to be vindicated or preserved. It is incumbent upon the Diocesan Bishop to provide alternate avenues for the reception of the Word of God and the sacraments if these cannot be provided through a parish or in a parish that presently exists. Nor can it be maintained that the modification of a parish violates the rights of national or immigrant groups to preserve their proper spiritual patrimony since a national (personal) parish is not the only way to preserve the patrimony of such groups. A parish even one which is about to be closed or otherwise altered is not a self-serving community. It must be engaged in the broader communion of the Church (see canon 529.2). The Catholic Church is not a convention of community churches, but a communion of local eucharistic communities bonded together in hierarchical communion. It would be contrary to the nature of the Church for an individual or group to lay claim to a specified parochial community to the detriment of the communion of the Diocese or the pastoral welfare of the remaining parishes. The Diocesan Bishop is the one with the responsibility to judge such matters. The Christian faithful are clearly a formidable dimension of parish and diocesan life. And while there are distinct and varied offices in the Church, there is a basic equality of all believers. Hence, paternalistic governance patterns that do little more than offer lip service to their rights are inadmissible. Thus, the opinions of the Christian faithful must be heard; their spiritual needs must be met; yet the common good of the Church must be promoted, even at the price of individual preference. The Pastor 7. Consultation The rights of the pastor, while not explicitly stated with respect to the modification of parishes, parallel those of the Christian faithful. All things considered, the pastor has a right to his office, provided that a parish continues to exist. Although not mandated by the law, one can presume that consultation regarding the modification of a parish will include its pastor. The Presbyteral Council In choosing to modify a parish, the Diocesan Bishop can accept advice from various sources. These include among others, the Diocesan Pastoral Council, the Vicars General, Regional Episcopal Vicars, and Deans. He may certainly, in the case of these directives, accept advice from the pastor 4

5 and/or representatives of a particular parish. Canon directs that the Diocesan Bishop is neither to erect, suppress, nor notably alter parishes, unless he has heard from the Presbyteral Council. This consultation is juridically necessary and may not be omitted; otherwise, the Bishop s action is canonically invalid (see canon 127.1) and thus open to reversal on appeal to the Holy See. The Bishop is not obliged to follow the Council s recommendation (see canon 500.2), but obviously would act otherwise only with a serious overriding reason. Moreover, the authentic character of such consultation entails that it takes place prior to a decision having been reached in the matter. Otherwise, it is not a true canonical consultation, but simply the ratification of a decision already taken. It is recommended that each member of the Council be polled during the consultation, so that those who have no comment are placed on record in this regard. Formal minutes must be taken so that there is no mistaking the fact that true consultation was taking place. Consultation with the Christian Faithful In closing a church or parish, or when making other significant changes in status, the Diocesan Bishop must also take into account the intentions of founders and donors. In rare instances, an individual may have donated the money to start a parish; that person or that person s descendents may have to be consulted to discover their intentions before a major change can be made in the status of a parish. This rule, however, is binding only to the degree where such a consultation is reasonably or humanly possible. Moreover, the norms of law would not require the Bishop to consult each and every person or their heirs who have ever contributed to the parish. It is advisable and appropriate for any process leading to the closing or alteration of parishes to make provisions for due consultation with the people involved. The Diocesan Bishop is to ensure that an opportunity is provided for people who can demonstrate a genuine involvement in the parish to express their views. This is a suitable recognition of their right under canon law to make their needs and desires known to the Pastors of the Church and even to other persons, with due regard for the common good (see canon 212.2,3). Such consultation should include any consultative bodies established in the parish (e.g.: parish finance council, parish pastoral council) as well as consultation with the parish at large. Because of the emotions which can be unleashed in such situations, it is advisable that minutes be kept of all consultations and that each stage of the process be recorded, indicating dates and times of various consultations, and appropriately notarized. This is particularly true of any discussions which are not otherwise recorded in official minutes (e.g., if 5

6 the bishop or his delegate consults with parishioners or other interested individuals). C. Conclusion of the Process for Reorganizing Parishes 1. Issuing a Decree Once the canonical process has been completed, the Diocesan Bishop must come to a decision on whether to make the proposed modification to a parish. Having done so, he must issue a proper decree in writing, giving the reasons, at least summarily expressed, for his action. This decree is to be notarized by the Chancellor of the diocese, so that the official juridic act is verifiable. This decree is to be make known to the parish concerned. It should at the same time be publicly promulgated in the diocese using the means available. A copy of this decree is also to be placed in the parish file in the diocesan archives. In the case of the establishment of a parish or the merger of parishes, the presumption is that the resulting community of the faithful will be territorial (see canon 518). Consequently, the new boundaries should be clearly stated in the decree, together with any effect on the boundaries of other parishes. In the case of closure the effect on the boundaries of other parishes should be made plain in the decree. And if a personal parish is to be established, this should be stated in the decree, as should the basis upon which membership in the parish is established. 2. The Civil and Canonical Effects of Parish Modification The Diocesan Bishop will be careful not only to observe all the canon laws when a parish is modified, but will also be attentive to the civil law provisions as these pertain to the erection, suppression or notable alteration of a parish. Regarding the canonical effects of parish modification, clearly parishioners do not own the church or any of the parish assets. These belong to the parish as a public juridic person, and ownership in canon law is strictly interpreted so that others, including parishioners, cannot be considered canonically as having ownership. This understanding is reinforced because the civil incorporation establishes that all parish property and goods are owned by the Diocesan Bishop. At the same time, it is obvious canonically as well as civilly, that for anything received with specific instructions, the intentions of the donor must be respected. The Code of Canon Law makes specific provisions for instances when public juridic persons, such as parishes, are closed or merged. If the decree of 6

7 establishment of the parish stipulates the disposition of property or other goods, these requirements are to be followed. If no such terms are contained, all goods pass to the juridic person immediately superior, in this case the diocese (see canon 123). Any outstanding obligations also belong to the diocese in such a case. The restrictions or instructions attached to any funds or properties must continue to be honored. When two or more parishes are merged into one, the new parish owns the goods and patrimony of the pre-existing parishes and assumes their obligations (see canon 121). Again the intentions of donors must be respected. D. The Special Case of Closing Church Buildings Closing a parish or amalgamating it with other parishes does not necessarily mean closing the parish church or turning it over to secular purposes. However, if an amalgamated parish or the diocese itself want to dispose of excess properties, particularly church buildings that can or need no longer be used for worship, a distinct canonical process needs to be followed. If a church is badly damaged and there exists the impossibility of restoring the church due to an architectural impossibility and the insufficiency of available funds, the Diocesan Bishop can relegate it to profane but not sorid use (canon ) In the case where other grave causes suggest that a church no longer be used for divine worship, e.g., inadequate finances to maintain the church, or a small number of parishioners together with a shortage of priests, the procedure to be used is similar to that used in the erection, suppression or alteration of a parish, but with some important nuances. Once again, the Diocesan Bishop must consult the Presbyteral Council for the validity of the act. If the Bishop is considering the sale or disposition of a parish church at the same time as he is contemplating closing or consolidating the parish, he could conduct the required consultation at the same gathering of the Council. It should be clear to all that a distinct consultation was held and that it was not considered implicit in the consultation about the parish. In addition to hearing the Presbyteral Council, the Diocesan Bishop must obtain the consent of those who could lawfully claim rights over that church (canon ). He must also ascertain that the good of persons will not be impaired by relegating the church to profane use through its sale. Who then are those who can legitimately claim rights to a church and from whom the Diocesan Bishop must obtain consent before he is free to act? While the parish is defined as a community of Christ s faithful and understandably the parish church would be of central importance in the life of that community, it cannot be argued that all parishioners have a legitimate claim to give their consent to a proposal to turn the parish church over 7

8 to profane use through its sale. The understanding of the parish as a community supports the claim that the Bishop consult the parishioners as to the disposition of the church building. It does not, however, alter the legal character of the parish. While they are communities, in canon law parishes are a non-collegiate juridic person; that is, decisions in their regard are not made by the community as a whole but by the agent responsible for the juridic person (see canons 115.2, 118, and 532). Consequently, the consent prescribed by the canon is to be sought only of those whose contribution made the building possible whose significant donation was specifically for the church building in question and without whose donation the church would not have been constructed. Only such persons can lay claim to being asked to consent before the building is relegated to profane use or secular purposes. Once the Diocesan Bishop has obtained consent of those who legitimately claim rights regarding the church and has consulted the Presbyteral Council, he may grant the permission for relegating the building to profane use through its sale, or if need be, its demolition. Canonical regulations on the alienation of temporal goods may apply in this situation. Depending on the property s value, the norms of law may require consultation and perhaps consent of the Diocesan Finance Council and the College of Consultors, and even the permission of the Holy See if it exceeds the range established by the Episcopal Conference for acts of extraordinary administration. 8

9 E. Overview of Directives for Parish Reorganization The following is meant to serve as a checklist for the procedures to be followed in these operational directives for parish reorganization. The same procedures are to be followed for the closure and disposition of a church building, along with the exception noted below. The establishment of a case statement and proposal The establishment of a case statement and presentation of a proposal is to be made to the Diocesan Bishop by the pastor. The case statement should include the just cause(s) considered as the basis for parish modification. It is understood that the case statement should only be presented after considerable consultation with members of the parish finance council, the parish pastoral council, members of the parish at large and the Regional Episcopal Vicar. Bulletin announcements advertising such meetings and minutes of them are to be maintained and presented along with the case statement, which should be in writing. Consultation with the Presbyteral Council If the Diocesan Bishop accepts the case statement and the proposal, a formal presentation of the proposal to modify an existing parish along with the just cause(s) for such is to be made by the pastor to the Presbyteral Council. Detailed minutes of the proceeding are to be maintained and notarized. Consultation with the Christian Faithful After hearing the Presbyteral Council, if the Bishop chooses to proceed with the modification of the parish, the pastor and the Bishop (or his delegate) are to consult with the parish at large. The pastor and members of the parish consultative bodies should make a presentation of the case statement and proposal for parish modification to those in attendance. Opportunity should be given for the expression of opinions, with due regard for the rights and obligations of all concerned, taking into account the rare instance of an individual who may have donated the necessary funds to start a parish. (In the case of the closure and disposition of a church building, the Diocesan Bishop must obtain the consent of those who lawfully claim rights over the church.) Bulletin announcements advertising the meeting and minutes of it are to be maintained. 9

10 Final presentation of the Proposal to the Bishop Once the process of consultation has been completed, the pastor should present to the Diocesan Bishop a complete dossier of the process undertaken including all pertinent documentation. Documentation must include a record of each stage of the process and all consultations, indicating dates and times of various consultations, appropriately notarized by the diocesan chancellor. The Decision Upon review of the dossier, the Diocesan Bishop will determine whether or not to make the proposed modification to the parish. His decision will be communicated to the pastor. If the Bishop chooses to modify the parish, a decree will be issued followed by the necessary steps for implementation. Ritualization Once the decision has been made to modify the parish and/or close the church building, the pastor and representatives of the parish should prepare a liturgical ritual to commemorate this time of transition for the parish community. The Office for Parish Life and Evangelization can provide resources for this process. 1/3/06 10

11 APPENDIX Criteria for Consideration in the Process of Assessing the Current Viability of Parishes and Establishing a Just Cause for Parish Reorganization In advance of diocesan wide parish self studies, the process of discernment by a pastor and parishioners regarding the viability of a particular parish, should take into consideration data including diocesan, regional and city demographics, the financial viability of churches and parishes, condition of parish facilities, church seating capacity, parish profile information and the number of priests available to serve in a region. The following criteria should serve as a guide in determining which parishes should begin the process of assessing their current viability: 1. Accessibility Is a particular parish in close proximity to another parish? Accessibility to a church may not be an issue in many urban areas. In more rural areas, do the faithful have reasonable access, in terms of both distance and travel time, to a parish church? 2. Availability of Priests to Celebrate Mass If there are not enough priests to cover the existing Mass schedule in a parish or cluster of parishes according to the norms of Canon Law, the Bishop has directed parishes to reduce the total number of Masses celebrated. In some instances, there simply may not be enough priests nor the need for them to cover an excessive number of Masses in a cluster of several parishes, particularly when the number of Masses scheduled is based upon convenience and local tradition rather than need. 3. Financial Viability Each parish is responsible for 100% of its costs, including operational costs, current liabilities on capital expenditures, and diocesan assessments. Of particular concern are parishes that have maintained unserviced debt for a period of time. Additionally, a parish whose church building(s) require(s) repair or renovation beyond its ability to pay, and/or whose application to the Internal Budget Committee for permission to repair, renovate, or 11

12 replace its church building has been denied, will be required to carefully address its future. 4. Life and Ministry of the Parish Even where parish ministries and activities have been blended in a parish cluster, a frank assessment of the viability of individual parishes must made. Of particular concern are the following parish statistics: total number of parishioners, including active and inactive parishioners; sacramental statistics; and the number of deaths per year. An honest assessment must also be made of the particular parish s ability to sustain the mission of the Church in word, worship, community and service. 11/14/06 12