Bankruptcy Court approves motion to permit the public release of redacted Independent Review Board meeting minutes
Background:
The Archdiocese of San Francisco initiated a Chapter 11 bankruptcy case to address legacy abuse claims as a result of the reopening of the California statute of limitations under AB-218. The Archdiocese, known in the bankruptcy proceedings as “The Roman Catholic Archbishop of San Francisco, a Corporation Sole,” is also referred to as the “debtor.” All AB-218 claims are historical claims, and a vast majority of the dates of alleged abuse range from the 1950s to approximately 2008.
In the past, the Archdiocese and its insurers have paid more than $70 million in legal settlements to fulfill the Archdiocese’s responsibility for claims of abuse by archdiocesan clergy. The Archdiocese also has repeatedly examined and refined its robust Child Protection and Safe Environment program to ensure the utmost safety of all within the Archdiocese.
As one component of its comprehensive Child Protection and Safe Environment program, the Archdiocese maintains an Independent Review Board (IRB) as an essential step in its procedures for handling allegations of sexual abuse. The IRB is a group of well-educated and highly skilled professionals, including an abuse survivor, psychologist, two physicians, and a retired police officer, among others. A qualified investigator conducts an independent investigation into allegations and submits a report to the IRB. The IRB reviews the allegations, the investigator’s report, and all other available information, and makes recommendations to the Archbishop as to whether there is sustainable evidence to warrant the permanent removal of the accused clergy from public ministry.
The motion granted by the court:
The Creditors’ Committee made a motion in the bankruptcy court to remove the confidential stamp on redacted IRB meeting minutes produced during the bankruptcy discovery process. The intention of the Creditors’ Committee is to share these minutes in the public domain.
The Archdiocese opposed the motion on various grounds. Despite these arguments, the court granted the motion.
Once the motion was granted, the Archdiocese made another request to the Court that the minutes be further redacted for IRB members names and for others who spoke at IRB meetings to protect their privacy, and the Court also denied that request.
The Archdiocese knows from the experiences of other dioceses that have gone through the bankruptcy process that there will be rulings at times favorable to one party or the other. The Archdiocese remains focused on the big picture:
- Accelerate the Chapter 11 process to help abuse survivors achieve some level of closure because this is what they have asked the Archdiocese to do.
- Maintain the highest standards for protecting children and other vulnerable communities through a very effective Safe Environment Program, which is audited for compliance every year by a professional independent auditor.
Virtually all of the Chapter 11 diocesan or religious organization bankruptcy cases that have proceeded through a successful Chapter 11 plan confirmation have resulted in consensually confirmed reorganization plans, the exceptions being some non-settling insurers. In those cases, the terms for a consensual reorganization plan were reached following a mediation process in which the debtor, non-debtor entities, insurers, and the Creditors’ Committee representing the interests of survivors of sexual abuse participated.
The Archdiocese firmly believes in the mediation process, the mediators and the parties’ good-faith commitments to participate in mediation to achieve a global resolution in this case. The Chapter 11 process has created a structure for the transparent provision of information to the Creditors’ Committee and insurers. All constituents have professional representation. Skilled and experienced mediators are in place, and there is a framework for the parties to negotiate a global settlement. The Archdiocese will continue to work diligently toward constructive transparency and a timely resolution in collaboration with the other parties involved in this bankruptcy process.
At the same time, the Archdiocese remains focused on its mission to help parishes serve the spiritual needs of the faithful, celebrating Mass, offering the Sacraments, and providing religious education. The Archdiocese will continue to assist schools in providing the best Catholic education for students, and the Chancery’s many ministries will continue their outstanding services to the community.
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Media Contact:
Peter Marlow
[email protected]