Love One Another - December 16, 2010

December 16, 2010

Dear Brothers and Sisters in Christ,

In October, I shared with you the news that the archdiocese was entering into a mediation process aimed at resolving lawsuits filed by 16 individuals involving sexual abuse of minors by priests. Since then, as part of the mediation, the attorney representing victims/survivors told us of another eight people who intend to file lawsuits.

We met with lawyers for the victims/survivors on October 18 and November 11, with an independent mediator guiding us. Between those two meetings, the archdiocese shared its financial information with the attorneys representing the victims/survivors. We also shared our current policies, ongoing commitment and openness to additional actions to ensure children are safe today.

We believe compensating victims/survivors is the right thing to do and our goal was to reach a resolution that would provide just compensation and avoid the huge legal expense and lengthy delays a trial would bring. It has been five weeks since our last meeting and it has become clear that additional progress is unlikely. So I write to you today to tell you that, despite our sincere efforts, the mediation seems to have failed.

For a mediation to be successful, agreement must be reached on financial terms and non-economic issues. Non-economic terms provide victims/survivors assurances the archdiocese is committed to candid communication about perpetrators and past incidents of abuse, as well as the establishment of policies that keep kids safe. The majority of the terms presented by the attorneys for victims/survivors are already the policy and practice of the archdiocese and listed on our Web site.

It was also important for the archdiocese to understand the financial demands that would be necessary to achieve a resolution. Our financial picture shows an organization that has depleted most of its unrestricted assets to support victims/survivors and cover related costs. To free up resources for these purposes, we have sold property, redirected interest and investment income, liquidated savings and investments, mortgaged the Cousins Center and reduced archdiocesan staff by nearly 40 percent since 2002. These steps have enabled us to reach mediated settlements with close to 190 victims/survivors to date. They also have reduced the central offices of the archdiocese to a threadbare operation. Other funds that remain are restricted, by law, for designated purposes and by the intent of donors.

In the last 30 days, we also learned that the Wisconsin Court of Appeals ruled against the archdiocese in a pending case against our insurance companies. Although we can ask the Wisconsin Supreme Court to review this decision, settling these cases without the financial contribution of insurance becomes more challenging.

After our mediation talks stalled, I still wanted to attempt to reach a resolution. With humility and a sense of the penance we must bear, we stretched as far as we thought we could in determining what we could afford to offer to resolve these cases. We did so in full consultation with the archdiocesan finance council. Our calculations took into consideration the fact that there would be more funds available for victims/survivors if we could spend less on legal costs. At the same time, we recognized the need to retain some funds to equitably provide for additional victims/survivors who have yet to come forward, and also to provide essential services to our parishes and schools.

With these considerations in mind, I authorized a formal settlement offer of $4.6 million. That offer was not accepted.

Where we go from here is uncertain. But here’s what I can say for sure: We will strive to do the best we can to meet the needs of all victims/survivors, those who have already come forward and those who will do so in the future. We will continuously apologize to those whose lives have been devastated by the perpetrators of clergy sexual abuse. We will continue the policies and practices we have implemented to keep children safe today. We will work to continue the essential ministries and services to parishes, schools and others who rely upon the Church for assistance.

Please join me in praying for victims/survivors and their families, asking for God’s presence to be in their lives, and asking the Holy Spirit for guidance and inspiration as to how we proceed. During this season of hope, my prayer is the traditional Advent prayer from the Book of Revelation (22:20), Marana tha: Come Lord Jesus. As we prepare for His coming let us continue to Love One Another.

A blessed Advent!

Sincerely Yours in Christ,
 

The Most Reverend Jerome E. Listecki
Archbishop of Milwaukee