- 6000 "DUE PROCESS" STRUCTURES FOR THE ARCHDIOCESE OF SAN FRANCISCO:
- 6200 PROCESS FOR CONCILIATION
- 6300 PROCESS FOR ARBITRATION
- 6310 ARTICLE I. ESTABLISHMENT
- 6320 ARTICLE II. SELECTION OF ARBITRATORS
- 6322 Method of Selection in General
- 6323 Method of Selection for a Specific Case
- 6330 ARTICLE III. PROCEDURE
- 6340 ARTICLE IV. COMPETENCE
- 6350 ARTICLE V. EXPENSES
- 6360 ARTICLE VI. COURT OF ARBITRATION
- 6370 ARTICLE VII. FORM OF AGREEMENT
6000 “DUE PROCESS” STRUCTURES FOR THE ARCHDIOCESE OF SAN FRANCISCO: #
6100 THE COUNCIL OF CONCILIATION, AND THE BOARD OF ARBITRATION. #
6110 INTRODUCTION #
In 1970 the Senate of Priests proposed and the Archbishop established for the Archdiocese of San Francisco a Council of Conciliation and a Board of Arbitration. The composition, purpose and function of these structures are those suggested in the Ad Hoc Committee on Due Process Report of the Canon Law Society of America (1969) pages 13 – 25, amended in part by the Priests’ Senate (included below) and amended also by the Holy Father on October 30, 1971, cfr. Canon Law Digest, vii, pp. 899-900). These structures provide a procedure for the resolution of disputes in administrative areas of church governance in which rights of persons are respected and protected.
The principles underlying these structures are expressed in the same report of the Canon Law Society of America:
In accordance with the authentic teaching of the Catholic Church …all persons in the Church are fundamentally equal in regard to their common rights and freedom,
among which are:
The right and freedom to hear the Word of God and to participate in the sacramental and liturgical life of the Church;
The right and freedom to exercise the apostolate and share in the mission of the Church;
The right and freedom to speak and be heard and to receive objective information regarding the pastoral needs and affairs of the Church;
The right to education, to freedom of inquiry and to freedom of expression in the sacred sciences;
The right to free assembly and association in the Church;
And such inviolable and universal rights of the human person as the right to the protection of one’s reputation, to respect of one’s person, to activity in accord with the upright norm of one’s conscience, to protection of privacy.
The dignity of the human person, the principles of fundamental fairness, and the universally applicable presumption of freedom require that no member of the Church arbitrarily be deprived of the exercise of any right of office.
Notion of Due Process
The adequate protection of human rights and freedoms is a matter of concern to all men of good will; the adequate protection of specifically ecclesial rights and freedoms has become a matter of increasing concern to all members of the Church.
Rights are protected in many ways. Indirectly, they are protected by education, growth of moral conscious-ness, development of character; directly, they are protected by law. Rights without legal safeguards, both preventive and by way of effective recourse, are often meaningless. It is the noblest service of law to afford effective safeguards for the protection of rights, and, where rights have been violated, to afford effective means for their prompt restoration.
The need for an effective way of protecting rights in the Church becomes obvious when one considers that the administrative areas within the Church have experienced the fastest rate of growth in recent years. The emergence of personnel boards, liturgical commissions, parish councils and similar bodies has increased the number of persons who exercise some measure of authority at different levels
of the Church’s structure.
6120 CONCILIATION #
The first structure for handling disputes is the process of conciliation. It is the heart of conciliation that
two disputants agree to engage the services of a third person or persons who will seek to bring them to agreement. The conciliator makes no decision, but simply offers assistance in an attempt to reconcile the disputing parties. Conciliation is the most distinctly Christian aspect of these due process structures. Christian notions of forgiveness, peacemaking and charity argue that the primary process for resolving disputes in the Church should involve conciliation of people rather than the assertion of legal rights.
The structure provided for conciliation is called the “Council of Conciliation.” Its composition and function as well as the manner of initiating conciliation and the procedures for such action are described below under the section “Process of Conciliation.”
For a list of the current members of the Council of Conciliation, please refer to “Members of Boards,” Series 8000 of this Handbook.
6130 ARBITRATION #
In most instances, the majority of controversies should be settled through conciliation. However, since this will not always be possible, a structure for arbitration
is provided called the “Board of Arbitration.” This Board is also described below under the section “Process of Arbitration.” Current members are also listed under series 8000 of this Handbook.
Arbitration is defined as the reference of a dispute, by voluntary agreement of the parties, to an impartial person or persons for determination on the basis of evidence and arguments presented by both parties, who agree in advance to accept the decision of the arbitrator as final and binding.
6140 RECOURSE TO CONCILIATION AND ARBITRATION #
Any person in conflict with any other person, group or institution exercising administrative authority in the Archdiocese may have recourse to the Council of Conciliation and the Board of Arbitration.
6150 AREAS OF CONCERN #
6151 These “due process” structures shall be offered:
6151.1 To reconcile disputants or arbitrate disputes between individual members of the Archdiocese or groups within the Archdiocese which concern an ecclesiastical matter;
6151.2 To reconcile disputants or arbitrate disputes between a person and a diocesan administrator or administrative body, where it is contended that the norms on the mann