BishopAccountability.org
	State and Diocese Argue over Audit Associated Press, carried in Portsmouth Herald [Manchester NH] January 12, 2005 MANCHESTER - Ten days before they are scheduled to argue in court, the state and its Roman Catholic diocese remain at odds over how the diocese’s child protection policies and procedures should be evaluated. The Diocese of Manchester agreed to annual audits two years ago in a deal in which the state agreed not to seek criminal indictments for failure to protect children from molesting priests. But disputes about scope and methods mean no audits have been conducted. The dispute went to court in September. Hillsborough County Superior Court Judge Carol Conboy questioned whether the sides ever reached the "meeting of the minds" required for their contract to be effective. In briefs filed for oral arguments on Jan. 20, both sides say the agreement is valid. But they continue to disagree on terms. In the December 2002 agreement, Bishop John B. McCormack acknowledged the diocese had failed to protect children and that its handling of sexually abusive priests during the prior 40 years could have resulted in a criminal conviction. In its brief, the diocese argues that instead of the agreed-to "compliance" audit, the state wants a "performance" audit that would assess the effectiveness of child protection policies and procedures. The state says assessing the effectiveness of the diocese’s programs is necessary. "The circumstances at the time of the agreement, the goal of the agreement, the plain language of the agreement, all compel a conclusion that the audit has to assess whether or not the policies and procedures are implemented and are working to protect children from sexual abuse," Associate Attorney General Ann Larney said. Restricting the audit to a "document review" would make the agreement meaningless, Larney wrote. "We know the policies are effective and we want them to be effective," lawyer David Vicinanzo argued for the diocese. "But it’s not for the state to decide who is going to teach religion and who is going to be able to be a minister and what precisely those policies are going to be," he said. The diocese particularly objects to a proposed survey to determine "perceptions and behaviors" of about 2,000 parishioners and diocesan personnel, Vicinanzo said.
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.