From: Father Michael Heher < frmheher@rcbo.org >
Date: Mon, 3 Jan 2005 17:52:46 -0800
To: < undisclosed-recipients:; >
Subject: Settlement Agreement Signed

[This email was published as part of Personnel Bile 6: The E-mail and the History, by Gustavo Arellano, OC Weekly (3/17/05). The attachment mentioned in the email, How the Diocese of Orange Came to Settle the Sexual Abuse Civil Claims, was also included in Arellano's article. The email and attachment are also discussed in The All-Spin Zone: Confidential Memo Reveals Real Reason Bishop BrownSettled Sex-Abuse Suits, by Gustavo Arellano, OC Weekly (1/13/05).]

The detailed settlement agreement has been signed by all parties and the "gag order" has been lifted. The Diocese resolved 90 civil cases for alleged acts of the sexual abuse of minors. Here is a quick outline of the specifics:

§ The cost will be $100 million; 50% of this money will be paid by our various liability insurers.

*The most notable of the non-monetary components has to do with the mediation documents and their release to the plaintiffs. Only documents that are not subject to privilege and "that relate to allegations of childhood sexual abuse" will be considered for release. The Diocese retains the right to object "on any available legal grounds" and no documents will be released without a hearing and a judge’s decision.

Enclosed are several documents that may be of some assistance to you:

*A pastoral letter from Bishop Brown (in English, Spanish and Vietnamese) explaining the pastoral side of the settlement to the Orange County Catholics. We would ask you make that letter available to your parishioners by publishing it in your parish bulletin in the appropriate languages.

*By separate email: An account of how the diocese came to settle the claims so you may know the background of our settlement. This is for your information, not for publication. [See the account.]

*A list of F.A.Q.’s that you may publish and pass on to your parish staff. I also ask you to familiarize yourself with the contents so you accurately answer the people’s inquiries. You will note that at the end of that document, there is a list of his advisor’s in the making of his decision. It will be useful if you would highlight the collaborative nature of these efforts; this is not a decision entered into lightly nor were lawyers calling the shots.

*As always, you are free to speak to the press if you are so inclined. If you do speak, however, recall that you are acting as the Bishop’s agent. Criticisms and complaints are best made directly to the Bishop, not through the media.