BishopAccountability.org
	Truth and Polygraphs, Yes! Confidentiality Agreements, No! By Michael J. Gaynor The Conservative Voice [New York] August 13, 2005 Section 2489 of The Cathecism of the Catholic Church, pertaining to respect for the truth, states: "Charity and respect for the truth should dictate the response to every request for information or communication. The good and safety of others, respect for privacy, and the common good are sufficient reasons for being silent about what ought not to be known or for making use of a discreet language. The duty to avoid scandal often commands strict discretion. No one is bound to reveal the truth to someone who does not have the right to know it." BUT, one IS bound to reveal the truth to someone who DOES have the right to know it. For example, when a cleric has sexually abused a child, or had an illicit relationship with a subordinate or a parishioner, or an employee of a Church institution or agency has sexually abused a child or sexually harassed a co-employee, there ARE people who DO have a need and a right to know, particularly those in a "zone of danger" and prospective employers. What the Church needs to do is to ascertain the truth in much the same way as a court does, without prejudgment and with respect for safeguardd, such as the right to confront an accuser, and then reveal it appropriately rather than to disregard it as long as possible and then quietly accept and/or force resignations and agree to cover up as fully as possibly. Monsigneur Eugene Clark, 79, and suddenly suspected of an illicit relationship with his attactive and much younger secretary, a married woman and mother of a 14-year old daughter, issued the following statement through his attorney: "It appears to me that events and circumstances have been portrayed in such a false and sensational manner that I will no longer be able to effectively serve the archdiocese." "Consequently, I have submitted my resignation [as rector of St. Patrick's Cathedral]. I thank all the many people who continue to offer me their prayers and consoling messages." The spokesman for the New York Archdiocese confirmed the resignation in this written statement: "His Eminence, Edward Cardinal Egan, has today accepted Monsignor Eugene Clark's resignation from his position of rector of the Cathedral of St. Patrick." "Although Monsignor Clark continues to deny the allegations against him, he offered his resignation for the good of St. Patrick's and the archdiocese. He will not be celebrating Mass or the sacraments publicly until this matter has been resolved." The confirmation raises its own question. If the allegations are true, the resignation was appropriate, of course. If the allegations are untrue, however, then the resignation was premature, and to be deplored on that account. To be sure, what has been reported strongly suggests an illicit relationship between the Monsigneur and his secretary. The two apparently went together to a motel in the Hamptons and her husband's private investigator videotaped them entering the motel wearing one set of clothes and leaving nearly six hours later wearing different clothes. If the motel visit was innocent, I urge the Monsigneur to volunteer to take a polygraph to support his claim of innocence. The circumstances are highly suspicious, but it is not inconceivable that it was innocent. President Clinton claimed that his relationship with Monica Lewinsky was innocent until his DNA on her blue dress rendered that claim incredible. The Monsigneur could have been counseling his secretary about her marital problems. However, the 14-year old daughter of the secretary reportedly has provided a sworn statement to the effect that she saw her mother kissing and sitting on the Monsigneur's lap in his hot tub. It's difficult to conceive of THAT as innocent, but perhaps the daughter did not tell the truth. If the Monsigneur can honestly deny that the hot tub incident ever happened, he should volunteer to do so during a polygraph examination. Otherwise, he should admit his sin and repent . The Church needs to ascertain the truth, if possible, instead of to conceal it through the use of confidentiality agreements, as has been done for years, on the bad advice of attorneys and insurers. Sadly, the Church's horrific sexual abuse scandal did not put an end to its use of these confidentiality agreements. A typical confidentiality provision in a severance agreement states: "The parties are to keep confidential and not disclose the terms of the Agreement at any time to any other person, other than pursuant to the order of a court or governmental agency of competent jurisdiction, with the exception of the parties' accountant or tax preparer, attorney, or [the Employee's] immediate family and the Employer's Board of Directors, provided they inform them of this provision requiring confidentiality and they agree to be bound by its terms. In response to any inquiry from third persons, the parties may state only that they amicably resolved their mutual and separate concerns. Disclosure of the terms of this Agreement is a material breach of this Agreement, entitling the non-breaching party to damages, including but not limited to attorneys' fees and costs." Elsewhere in the agrement is a provision that "this Agreement in no way constitutes an admission of any wrongdoing on the part of either party." Conveniently sparing the Employer of certain knowledge. The Employer typically agrees that when asked about the Employee, the Employer will only confirm that the Employee was employed in whatever capacity from such date to such date. So, if the Employee is terminated for adultery, or sexual abuse, or sexual harassment, the agreement provides that the information be kept from even those with a legitimate need to know, in the absence of legal compulsion. Which calls to mind the despicable procedure of sending sexually abusive priests from one diocese to another, thereby endangering other children instead of protecting them. And these words from the Gosepl of St. Matthew: "whoever causes one of these little ones who believe in me to sin, it would be better for him to have a great millstone fastened around his neck and to be drowned in the depth of the sea." Pray that Church officials treat those accused of wrongdoing fairly, instead of unduely pressuring them, and do not become complicit in harm to the innocent by covering up distasteful truths that needs to be disclosed, and that those who are wrongly accused volunteer to take polygraph examinations as evidence of their innocence.