Chapter 8: The Apostolate

CHAPTER EIGHT THE APOSTOLATE Brian T. Austin, FSSP1 Introduction All who have been baptized into Jesus Christ (cf. Rom 6:3; c. 204), the beloved Son “whom the Father consecrated and sent into the world” (Jn 10:36), “are also consecrated and sent into the world to imitate his example and to continue his mission.”2 Members of institutes of consecrated life or societies of apostolic life (“ICLSALs” or simply “institutes”), however, are called to follow Christ more closely, and to make him the “all” of their lives (cf. c. 573). [I]ndeed . . . consecrated life itself is a mission, as was the whole of Jesus’ life. . . . It can, therefore, be said that a sense of mission is essential to every institute—not only those dedicated to the active apostolic life, but also those dedicated to the contemplative life.3 It must be emphasized that “the apostolate of all religious consists first of all in the witness of their consecrated life, which they are bound to foster by prayer and penance” (c. 673). Institutes entirely dedicated to contemplation “offer an extraordinary sacrifice of praise to God, illumine the people of God with the richest fruits of holiness, move it by their example, and extend it with hidden apostolic fruitfulness” (c. 674). The apostolic action of institutes dedicated to 1 Sister Beverly K. Dunn, SP, was the author of this chapter in the 2001 Procedural Handbook. The contributors to that publication were: Sisters Kathleen Ann Bierne, PBVM, Joyce Hoben, SNDN, and Rev. Kevin O'Rourke, OP. When Sister Beverly Dunn was not able to revise this chapter, Rev. Brian Austin, FSSP, was commissioned to complete the revision. 2 John Paul II, post-synodal apostolic exhortation on the consecrated life Vita consecrata 72, March 25, 1996: AAS 88 (1996) 377–486, at http://w2.vatican.va/content/john-paulii/en/apost_exhortations/documents/hf_jp-ii_exh_25031996_vita-consecrata.html (accessed on March 2, 2021). 3 Ibid. 205 external works of the apostolate “must always proceed from an intimate union with God . . . and is to be carried out in communion with the Church” (c. 675).4 Although the code addresses the topic of apostolate primarily in terms of an institute’s corporate works (cc. 673–683), it also recognizes the apostolate of individual members. All apostolates, however, are exercised in the name of the institute (c. 665 §1) and with the permission of a legitimate superior (c. 671). The proper law of an institute (constitutions, statutes, directories, etc.) can provide more detailed norms than the general ones provided by universal law. Apostolate of Institutes as Part of the Apostolate of the Church The code presents the apostolate of institutes as an integral part of institutes and societies and as part of the mission of the Church (c. 675).5 Although all of them enjoy “a just autonomy of life, especially of governance” (c. 586 §1), matters concerning “the care of souls, the public exercise of divine worship, and other works of the apostolate” (c. 678 §1) are subject to the authority of the diocesan bishop. Although some institutes are “exempt” from the immediate jurisdiction of the bishop for the greater good of the universal Church (c. 591),6 all institutes participate in the apostolate of a particular church in communion with and under the authority of the bishop. Mutual Relationship between the Bishop and Superiors in the Apostolate7 The overlapping authority of bishops and superiors requires them to proceed by means of mutual consultation and acknowledgement of each other’s role in organizing works of the apostolate (c. 678 §3; cf. c. 738 §2). The law highlights certain areas requiring particular care in this regard. Preaching 4 The law uses the word “apostolate” to designate the participation of the lay faithful in the mission of the Church, distinguishing it from the term “ministry,” which is proper to the clergy. 5 Cf. LG 12; PC 8; CD 33-35; AA 20d, 23. 6 “At this point in history, exemption is virtually meaningless from a juridical point of view.” John M. Huels, “The Demise of Religious Exemption,” The Jurist 54 (1994): 46. 7 For further reading, see Sacred Congregation for Religious and Secular Institutes and Sacred Congregation for Bishops, instruction regarding the mutual relations between bishops and religious in the Church Mutuae relationes, May 14, 1978: AAS 70 (1978) 473– 506. 206 Members are called to “give witness to the gospel in a special way” (c. 758). At the same time, they are subject to the bishop and to the norms given by the episcopal conference regarding how preaching is to be carried out in a particular diocese. For example, lay persons need permission to preach in churches or oratories (c. 766),8 and the diocesan bishop can restrict, remove, or restore the right of a particular cleric to preach in his diocese (c. 764). Catechetical and Liturgical Formation Catechetics, which includes liturgical formation, should play a part in the life of all institutes, according to the character of each institute and the apostolate itself (c. 776). The norms issued by the diocesan bishop for catechetics (c. 775) also bind ICLSALs. Public Exercise of Divine Worship The regulation of the sacred liturgy depends on the Holy See and the diocesan bishop (c. 838 §1). Norms issued by the diocesan bishop within the limits of his competence are binding on all (c. 838 §4), including ICLSALs (c. 678 §1; cf. c. 738 §2). Because of the public nature of even private worship (such as devotional practices), these, too, are subject to the bishop (cc. 835 §1; 839 §2). Catholic Schools and Religious Education “Institutes whose proper mission is education [are] to strive to devote themselves to Catholic education through their schools, established with the consent of the diocesan bishop” (c. 801). Although it should go without saying, “the instruction and education in a Catholic school must be grounded in the principles of Catholic doctrine. [Moreover,] teachers are to be outstanding in correct doctrine and integrity of life” (c. 803 §2). It is for the diocesan bishop to regulate and watch over “Catholic religious instruction and education which are imparted in any schools whatsoever or which are provided through the various instruments of social communication” (c. 804 §1). He is to see that teachers of the Catholic religion specifically “are outstanding in correct doctrine, the witness of a Christian life, and pedagogical skill” (c. 804 §2). He also “has the right to appoint or approve teachers of religion and even to remove them or demand that they be removed if a reason of religion or morals requires it” (c. 805). Moreover, 8 The complementary norm for the USCCB is at http://www.usccb.org/beliefs-andteachings/what-we-believe/canon-law/complementary-norms/canon-766-lay-preaching. cfm (accessed on March 2, 2021). 207 The diocesan bishop has the right to watch over and visit the Catholic schools in his territory, even those which members of religious institutes have founded or direct. He also issues prescripts which pertain to the general regulation of Catholic schools; these prescripts are valid also for schools which these religious direct, without prejudice, however, to their autonomy regarding the internal direction of their schools (c. 806 §1). Directors of Catholic schools must also exercise vigilance in these areas, taking care also “that the instruction which is given in them is at least as academically distinguished as that in the other schools of the area” (c. 806 §2). Media Apostolate The pastors of the Church are encouraged to make use of the various means of social communication and are also to exercise vigilance over them (cc. 822– 832). In general, bishops “have the duty and right to demand that writings to be published by the Christian faithful which touch upon faith or morals be submitted to their judgment and have the duty and right to condemn writings which harm correct faith or good morals” (c. 823 §1). For example, it is necessary to obtain the permission of the local ordinary in order to publish “books of prayers for the public or private use of the faithful” (c. 826 §3) or catechetical works (c. 827 §1). The conference of bishops can establish norms for the participation of both clerics and religious in radio and television programs which deal with questions concerning Catholic teaching or morals (c. 831 §2).9 “Members of religious institutes also need permission of their major superior according to the norm of the constitutions in order to publish writings dealing with questions of religion or morals” (c. 832). They also need permission of the local ordinary to contribute to publications “which are accustomed to attack openly the Catholic religion or good morals” (c. 831 §1).10 Apostolic Works of an Institute By law, members of ICLSALs are to live in a canonically established house under the authority of a superior (cc. 608; 740). A canonical house differs from a number of members working and living in a local area. It indicates an institute’s 9 The complementary norm for the USCCB (2001) is at http://www.usccb.org/beliefs-andteachings/what-we-believe/canon-law/complementary-norms/canon-831-2-clericsmembers-of-religious-institutes-on-radio-television.cfm (accessed on March 2, 2021). 10 For further reading, see Congregation for the Doctrine of the Faith, instruction on some aspects of the use of the instruments of social communication in promoting the doctrine of the faith The Second Vatican Council, March 30, 1992, at https://www.vatican.va/ roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19920330_istruzionepccs_en.html (accessed on March 2, 2021) and in Origins 22 (1992) 92–96. 208 commitment to a specific mission in a particular place (cf. c. 120 §1). A canonical house may only be established with the previous written permission of the diocesan bishop (cc. 609 §1; 733 §1). Works Proper to an Institute Institutes must strive to preserve their spiritual patrimony, including their mission and proper works, according to the norms of proper law (cc. 677 §1; 731 §1). The constitutions refer to the apostolic works proper to each institute (cc. 578; 731 §1); nevertheless, these works are to be prudently adapted in order to meet changed circumstances (c. 677 §1; cf. c. 631 §1). Once an institute establishes a house in a diocese, it has the right to undertake the full range of its proper works, unless the permission of the bishop to found the house restricted them (c. 611, 2°). The permission to found a house also entitles clerical religious institutes to have a church within which they may conduct sacred ministries (c. 611, 3°), and clerical societies of apostolic life to have at least an oratory (c. 733 §2). Still, the institute must obtain the bishop’s permission before building a church (c. 1215 §3) or oratory (c. 1223) in a particular place. Since these churches and oratories are not parish churches per se, the clergy assigned to them must respect the rights of the local pastor (parochus; cc. 528–531). They must also observe diocesan norms concerning faculties for hearing confessions (cc. 966–976) and assisting at marriages (cc. 1109–1112). Apostolic Works Entrusted to an Institute The diocesan bishop may entrust apostolic works such as a parish, a school, or a social service agency to an institute (cc. 681 §1; 738 §2; 790). In these cases, the bishop and the competent superior of the institute are to draw up a written agreement which includes, inter alia: • the work to be done; • the members to be assigned; and • financial arrangements (c. 681 §2; cf. c. 738 §2).11 Entrusting a work to an institute does not in se include permission for the institute to engage in its full range of proper works as in canon 611. An apostolate may be entrusted to an individual member, who exercises it in the name and with the permission of the institute (cc. 665 §1; 671) according to the terms of a written 11 Cf. Paul VI, apostolic letter motu proprio establishing norms for the implementation of certain decrees of Vatican II Ecclesiae sanctae I, 30 §1, August 6, 1966: AAS 58 (1966) 757–787 (hereafter ES). 209 agreement.12 When the work involves the conferral of an ecclesiastical office, the diocesan bishop makes the appointment (c. 602).13 Such entrusted works are exercised under the authority and direction of the bishop or his delegate (c. 681 §1). For example, the diocesan chancery handles permissions regarding the temporal goods of such a work. This authority of the diocesan bishop over external works, however, does not prejudice the authority of superiors over matters pertaining to the internal governance of an institute’s members. Neither does it excuse superiors from the duty to exercise vigilance over the work, lest the institute be held responsible for negligence (cc. 681 §1; 1284; 1287). Thus, superiors may inspect the financial accounts of entrusted works. If a clerical institute’s church is erected by the bishop as a parish church, a special written agreement should be made between the diocese and the institute. In this case, the institute maintains ownership of its property, while the property of the juridic person of the parish must be held and administered separately from that of the institute. Such an agreement must carefully spell out the manner of determining the proper recipient of monetary gifts (c. 1267 §1). Additionally, the faithful have a right to know how their offerings are being applied (c. 1267 §3). Collaboration “Among the various institutes and also between them and the secular clergy, there is to be fostered an ordered cooperation and a coordination under the direction of the diocesan bishop of all the works and apostolic activities” (c. 680).14 This collaboration could be fostered by periodic meetings of those responsible for the various apostolates in the diocese in order to promote communication and understanding among them. Individual members of ICLSALs can also participate in diocesan planning processes, such as the diocesan synod (c. 463 §1, 5º), presbyteral council (c. 498 §1, 2º), or pastoral council (c. 512 §1). Coalitions of institutes can pool their resources to initiate new apostolic works in response to new needs. New Apostolic Works “Superiors and members are to retain faithfully the mission and works proper to the institute. Nevertheless, attentive to the necessities of times and places, they are to accommodate them prudently, even employing new and 12 ES I, 31. ES I, 30 §2. 14 Cf. CD 35–36; AG 32-33; ES I, 28; II, 43; III, 21; MR 36, 37, 59. 13 210 opportune means” (c. 677 §1). Any such accommodation must remain consistent with the constitutive elements of an institute’s way of life, such as: • its understanding of its proper works; • the vowed status of its members, including the obligation to common life; • discernment of the members’ gifts and abilities; and • the common good of the individual, of the institute, of those served, and of the Church. If an institute decides to begin a new work, it does so with a commitment to that work’s future beyond the involvement of its founders. However, that commitment may not guarantee the institute’s own members as future staff. Rather, it may entail such resources as governance or association with other established works. Nor must the new work necessarily be one of the institute’s proper works. Before instituting a new work, the institute should ask itself some fundamental questions: • Is this new work in the best interests of those served? • Does it contribute to the mission and public witness of the institute and of the Church? • Is it in harmony with the other works of the diocese? • Is it an appropriate response to people’s needs, given the available resources? • How will the institute and the participating members fulfil their mutual responsibilities of: o dependence, limitation of use, disposition of goods? o supervision, evaluation, guidance, mutual support? o sharing of common life? o commitment for the future of this work? If an institute decides to initiate a new work, it must attend to some practicalities: • building broad-based support among the members of the institute; • determining the correct civil and canonical structures; • developing a strategic plan; • formulating a written agreement delineating: 211 • o clear lines of accountability and periodic reviews of the work for the purpose of protecting the mission and assuring proper functioning; o financial responsibilities, including liability protection; o personnel policies, including qualifications and hiring and firing procedures; o means of ending the work and distributing the assets; identifying the personnel to staff the new work and the scope of their involvement. Modifying a Work During the year dedicated to consecrated life, Pope Francis challenged all institutes to examine their fidelity to their charism and mission, asking themselves “Are our ministries, our works, and our presence consonant with what the Spirit asked of our founders and foundresses? Are they suitable for carrying out today, in society and the Church, those same ministries and works?”15 The following principles should be kept in mind when seeking to modify an established work. • Institutes must remain faithful to the mission and works proper to the institute, while continually adapting them to today’s needs (c. 677 §1). • There must be a real “concern to keep alive an authentic fraternal life.”16 • The bishop coordinates the works of the apostolate in his diocese in mutual consultation with superiors of institutes (cc. 394 §1; 678 §3). • The consent of the diocesan bishop is required in order to convert the apostolic work for which a canonical house was established to another kind of work (c. 612). Some changes, such as the addition of new degree programs to a college or university, or the addition of a hospice program to an acute care hospital, indicate growth and development rather than a conversion of purpose. A true conversion would involve a change in the nature of the work itself; e.g., to convert a school to a hospital. 15 Francis, apostolic letter to consecrated persons on the occasion of the Year of Consecrated Life Scrivo a voi, 21 November 2014, I-2, http://w2.vatican.va/content/ francesco/en/apost_letters/documents/papa-francesco_lettera-ap_20141121_letteraconsacrati.html (accessed 13 May 2020), in AAS 106 (2014) 935–947. 16 CICLSAL, instruction regarding fraternal life in community Congregavit nos in unum Christi amor 67, February 2, 1994: https://www.vatican.va/roman_curia/congregations/ ccscrlife/documents/rc_con_ccscrlife_doc_02021994_fraternal-life-in-community_en. html (accessed on May 25, 2020). 212 Termination of or Withdrawal from a Work If circumstances indicate that a particular work has ceased to be viable, an institute may deem it best to terminate or withdraw from it. Major superiors can suppress a proper work of an institute not associated with a legitimately established religious house. But again, they are to do so in consultation with the bishop as coordinator of the apostolate of the diocese. The supreme moderator can suppress a legitimately established house and its associated works after consulting the bishop (c. 616 §1). The termination of a work entails the necessity to distribute its assets. If the work is owned by an entity of the religious institute, the assets revert to the next highest structural level. For example, the assets of a suppressed house of a province revert to the province, without prejudice to the proper law of the institute and the intentions of the founders or donors (cc. 123; 616 §1). If the work was civilly incorporated (cf. c. 1274 §5), then the distribution of its assets is also governed by civil law and the articles of incorporation (cf. cc. 22; 1284 §2, 3º). In other cases, a work may be viable, but the institute may determine that withdrawing its personnel and resources for distribution elsewhere would better serve the needs of people. As part of the withdrawal process, the institute needs to help the new directors of the work make the transition by answering some fundamental questions: • Will the work remain part of the Church’s mission? • If so, who is responsible for ensuring fidelity to that mission? • What civil and canonical structures correspond best to the new nature of the work? In the case of withdrawal from a work rather than termination, the institute usually can claim only those assets for which it can prove prior claim, such as unpaid salaries, loans, etc. The institute needs to attend as well to the transfer of ownership through the sale of the work if this action was not taken previously. Apostolate and Individual Members “The tendency, in some institutes, to emphasise mission over community, and to favour diversity over unity, has had a profound impact on fraternal life in common, to the point that this has become, at times, almost an option rather than an integral part of religious life.”17 While there are a number of legitimate exceptions to the general rule, “the norm is that religious live in fraternal 17 CICLSAL, instruction regarding fraternal life in community, 59e. 213 communities: the individual is consecrated in this common life and it is in this form of life that such men and women normally undertake their apostolate.”18 This applies also to members of societies of apostolic life. Ecclesiastical Offices Entrusted to Individual Members Canon 145 §1 defines an ecclesiastical office as “any function constituted in a stable manner by divine or ecclesiastical law to be exercised for a spiritual purpose.” A bishop may entrust an ecclesiastical office to an individual member (c. 682; cf. c. 738 §2), or he may entrust to an institute a work which by definition includes an ecclesiastical office (e.g., a parish). The code identifies a number of offices reserved to priests, such as vicar general, pastor, and parochial vicar. Other offices, such as judge, chancellor, and finance officer, are not so reserved. A bishop may also establish ecclesiastical offices for his diocese by decree and may entrust these offices to individual members. Canons 145-196 in general and canon 682 in particular govern the manner in which members of ICLSALs are appointed to or removed from diocesan ecclesiastical offices. • The diocesan bishop appoints the member, “with the competent superior making the presentation, or at least assenting to the appointment” (c. 682 §1). For example, the superior does not appoint the pastor of a parish; rather, upon presentation of a suitable candidate by the superior, the bishop makes the appointment. • Most dioceses require testimonials from major superiors concerning a candidate’s suitability and moral character before an office is conferred. Background checks and safe environment policies must be scrupulously followed.19 • Either the bishop or the superior may remove a member from office. Each must notify the other, but neither requires the other’s consent (c. 682 §2). • Financial obligations may not necessarily cease with removal from office (cf. c. 195). To remove a member from office requires “a just cause” (c. 193 §3). Before issuing a decree of removal, the superior is “to hear those whose rights can be 18 Ibid., 65. See USCCB, Charter for the Protection of Children and Young People, 14 June 2018, 3rd rev. ed. (Washington, DC: USCCB, 2018), at https://www.usccb.org/issues-andaction/child-and-youth-protection/upload/Charter-for-the-Protection-of-Children-andYoung-People-2018-final.pdf (accessed on March 2, 2021). 19 214 injured” (c. 50). If the superior decides to remove a member, the decree of removal “is to be issued in writing, with the reasons [for it] at least summarily expressed” (c. 51; cf. c. 193 §4). A member who considers the removal to be unjust may take recourse according to the norm of canons 1732–1739.20 Provision of ecclesiastical offices is also governed by the following norms: • The candidate must be in communion with the Church and qualified (c. 149 §1). • Offices entailing the full care of souls or the exercise of the priestly order can only be conferred validly upon priests (c. 150). • An office which is not vacant cannot be conferred validly on another (c. 153 §1). • A promise of an office, no matter by whom it is made, has no juridic effect (c. 153 §3). • The provision (c. 156) or loss (cf. cc. 186; 193 §4) of any office is to be made in writing. A number of roles are considered administrative positions rather than ecclesiastical offices (e.g., secretarial staff). Diocesan personnel policies may address such positions, or the provisions of the code can be applied by way of analogy. At the same time, the Church, as an employer, must also observe the civil laws pertaining to labor as well as Catholic social teaching (c. 1286, 1º). This includes paying “a just and decent wage” (c. 1286, 2º). Individual Member Proposing a New Work An individual member may propose a new apostolic work. In this case, the member and the major superior should consider the following questions: • Is the proposed work an authentic expression of the institute’s mission and apostolate? • Does it foster the individual member’s gifts and talents? • Is it in harmony with the apostolate of the diocese? • Is it economically feasible? • How will the member and the institute fulfill their mutual rights and duties, in particular the right/duty of community life? 20 The administrative procedure for the removal or transfer of a pastor (cc. 1740–1752) does not apply to members of ICLSALs (cf. cc. 682 §2; 738 §2). 215 Once the member and the major superior have formulated an initial proposal, the approval of the diocesan bishop should also be sought (cc. 394 §1; 678 §3; 738 §2). Finally, a written agreement among the relevant parties ought to be drawn up concerning: • the work to be accomplished (cf. c. 681 §2); • clear lines of accountability and periodic reviews of the work for purposes of protecting the mission; • financial and legal matters, such as sources of income, insurance, taxes, liabilities, agency, licenses, supervision, relationship with the institute’s civil corporation(s); • civil contracts which ensure an arm’s-length relationship between the institute and the new work. The major superior, who has discerned that the new work corresponds to the institute’s mission, gives the mandate to the individual member. Governance of External Apostolic Works External apostolic works of ICLSALs are part of the apostolate of the local Church. As such, their governance falls under the authority of both the diocesan bishop and the superiors of the institute (cc. 394 §1; 678; 738). The Responsibility of the Bishop Fostering and Coordinating the Apostolate The bishop fosters and coordinates the various forms of the apostolate in his diocese (c. 394). ICLSALs are to contribute to the apostolate according to their spiritual patrimony and discipline (cc. 677 §1; 678 §2; 731 §1). Visitation The bishop exercises oversight of apostolic works through visitation. At least every five years (cf. c. 399) he is to visit persons and Catholic institutions, including churches, oratories, schools open to the public, and other works of the apostolate (cc. 397 §1; 683 §1; 806 §1). Correction of Abuses If the diocesan bishop becomes aware of abuses in the apostolate and has warned the superior in vain, “he himself can make provision on his own authority” (c. 683 §2; cf. c. 392). It should be recalled that, for theological as well as practical reasons, “the diocesan bishop in the diocese entrusted to him has all ordinary, proper, and immediate power which is required for the exercise of his pastoral 216 function” (c. 381 §1), except for cases expressly reserved in law. On the other hand, abuses of episcopal authority can and ought to be denounced; a member or institute aggrieved by any singular administrative act of a bishop has the right to challenge it (cc. 1732–1739). Forbidding an Individual Member to Reside in a Diocese “When a most grave cause demands it, a diocesan bishop can prohibit a member of a religious institute from residing in the diocese if his or her major superior, after having been informed, has neglected to make provision; moreover, the matter is to be referred immediately to the Holy See” (c. 679; cf. c. 738 §2). Ordinarily, as soon as the major superior is informed of the situation, he or she will take the appropriate action. In the truly exceptional circumstances of canon 679, the diocesan bishop can and should intervene. Forbidding an Institute to Conduct an Apostolic Work in the Diocese The law makes no specific provision allowing a diocesan bishop to forbid an institute to conduct its proper work once a house has been canonically established. Nevertheless, the bishop remains the coordinator of the apostolate of the diocese (c. 394) and can withdraw an entrusted work from an institute according to the norm of law. The Responsibility of the Religious Superiors An entire book of the code is devoted to temporal goods and their correct administration (Book V), the prescripts of which are explicitly applied to religious institutes (c. 635 §1), secular institutes (c. 718), and societies of apostolic life (c. 741 §1). Superiors have the right and duty to see that the prescripts of Book V are observed by the institute and the members, according to the specific norms provided both by the code (cc. 634–640; 718; 741 §1) and by proper law.21 The governance and oversight of other areas is regulated both by universal law (cc. 617–633; cf. c. 734) as well as proper law (cc. 617; 717 §1; c. 734). In general, members are subject to their proper superiors in the exercise of the apostolate (cc. 678 §1; 738 §2). Chapters also have a governance role to play in apostolic works (cc. 631–633). Taking the mode of governance of a diocese as a model, the following considerations are proposed for proper law. Superior of Members of the Institute Participating in Its Mission 21 See Chapter Nine, “Temporal Goods.” 217 In exercising oversight over the apostolate, superiors are “to govern their subjects as sons or daughters of God and, promoting the voluntary obedience of their subjects with reverence for the human person, they are to listen to them willingly and foster their common endeavor for the good of the institute and the Church” (c. 618). They are also “to meet the personal needs of the members appropriately, solicitously to care for and visit the sick, to correct the restless, to console the faint of heart, and to be patient toward all” (c. 619). It is in the spirit of these canons that superiors are to: • encourage members to offer their gifts to the apostolate according to their talents and the needs of the time and place; • assign members to or approve their involvement in a particular work; • make periodic visits to the apostolates. Responsible for Oversight and Vigilance An Apostolic Work An institute’s commitment to an apostolic work brings with it an obligation for its oversight. Failure to exercise adequate oversight can expose an institute to liability for negligence or worse. Some of the means superiors may use for oversight can include: • assessment of the work’s participation in the institute’s mission and response to the needs of people; • use of mandatory reporting processes; • mandatory approval of some categories of decisions, such as purpose, financial policies, etc.; • periodic visits. Correction of Abuses The obligation for oversight and vigilance over apostolic works and individual members also entails the obligation to correct abuses. Some methods could include: • reassignment of members; • granting of a sabbatical for spiritual and professional renewal; • hiring and firing key personnel in an apostolic work; • enforcement of policies; 218 • in clerical ICLSALs of pontifical right, the application of penal remedies or penances (cc. 1339–1340) or even penal sanctions (c. 1312). In all of these actions, “superiors are to exercise their power, received from God through the ministry of the Church, in a spirit of service” (c. 618), “according to the norm of universal and proper law” (c. 617). Apostolic Works in Civil Society Apostolic works are also subject to civil law (cf. c. 22). Particular care must be taken in the areas of finances and liability. Remuneration In virtue of the vow of poverty, anything a religious acquires through personal labor or on behalf of the institute by way of gift, offering, stipend, fee, salary, pension, subsidy, insurance settlement, or similar manner, belongs to the religious institute and not the individual religious (c. 668 §3). This includes royalties for published works. Copyrights should be held in the name of the religious institute. If religious are dispensed from their vows and leave religious life, social security benefits and the like accompany them and no longer belong to the institute. Institutes must follow IRS regulations in order to maintain tax-exempt status. This includes: (1) members working in apostolates as mandated by their superiors; and (2) turning control of their income over to the institute.22 Even though institutes may be tax-exempt, individual members might be subject to paying taxes. One should consult a tax attorney. In light of Catholic social teaching, members have the right to seek a just and decent wage (cf. c. 1286, 2º). • Members seeking employment should seek a compensation package commensurate with their experience, education, and level of responsibility. • Members seeking employment in positions of direct service to the poor may apply for subsidies or grants from the institute if available. • Members engaged in individual apostolates should submit at least annual financial reports to the major superior. 22 Due to the complexity and changeable nature of IRS regulations, they cannot be included here. 219 If an apostolate is recognized as Catholic by the diocesan bishop, it may be listed in the Official Catholic Directory and use the IRS group tax exemption granted to the USCCB. Liabilities: Institutes and Incorporated Works Formerly, charitable institutions could not be sued. That protection, however, ended decades ago. Today, many apostolates incorporate civilly as nonprofit corporations. Incorporation provides the benefit of civilly separating the assets of the work from those of the institute and thereby limiting the institute’s liability. A non-profit corporation possesses a legal identity separate from those who govern it.23 As a result, governing boards have limited personal liability for the corporation’s debts, so long as they are acting only in their corporate capacity (as employee, officer, director) without intention to defraud. Institutes must take care to respect the reality of the separation of the incorporation, lest it be interpreted by a civil judge as a mere formality and the institute lose its protection from liability. An institute can demonstrate the separation through different names, assets, logos, addresses, and boards of directors. An institute can lose its protection if it gains economically from the corporation beyond fees for services rendered or if it exerts undue control over the governance of the corporation. An institute can structure an incorporated work in such a way that those responsible for the institute assure the work’s fundamental purposes and integrity.24 Canonical commentators vary in their opinions about the effect of civil incorporation on the work’s canonical status in terms of governance. An institute needs to consult a canonist when structuring a civil corporation for an apostolate. Institutes and Members The individual member, the institute, and its civil law corporation(s) are all distinct legal entities. There is nothing intrinsic to the relationship between the individual and the institute that automatically renders the institute liable for all the actions of its members. Membership in an institute of consecrated life or a society of apostolic life creates a canonical relationship with canonical obligations; as such, being assigned to an apostolate does not necessarily constitute an employee– employer relationship in civil law, nor is the institute always liable for the actions of its members. On the other hand, there are cases in which institutes are liable 23 See c. 1284 §2, 2ᵒ. 24 See A.J. Maida and N.P. Cafardi, Church Property, Church Finances and ChurchRelated Corporations: A Canon Law Handbook (St. Louis, MO: The Catholic Health Association, 1984) 189–215. 220 for the actions of its members, whether vicariously or directly. In such cases, institutes should retain legal counsel. Membership in an ICLSAL does not change the civil status of a member. Therefore, members have the same civil rights and obligations as other citizens. The major difference lies in the fact that a member of the Catholic Church is subject to two legal systems: canonical and civil. Although members sometimes need permission from canonical superiors in order to exercise their civil rights (cf. c. 639 §2), the validity of such actions in civil law does not depend upon this permission. Sponsored Works Some apostolates have evolved into large, complex systems (e.g., hospitals) which the institute is no longer able to staff with its own members. This has led to a mode of governance sometimes referred to as “sponsorship,” although this is not a canonical term. Relationship to the Institute Institutes can participate in a sponsored work in a variety of ways. Three common relationship models are described below. Governance Relationship A governance relationship model describes the situation in which an institute retains primary responsibility for the sponsored work’s governance. The institute may hold the work as part of its own assets and govern it as part of itself. On the other hand, the work may have received separate incorporation, where the articles of incorporation and the by-laws place the responsibility for its governance ultimately in the hands of the superiors of the institute. Some of the various ways of formulating the civil documents to accomplish this situation could include: • identifying the major superior and council as the board of directors of the work; • requiring that the institute’s members, appointed or approved by the major superior, comprise a certain percentage of the board of directors; • using a membership corporation structure, where certain decisions, such as approval of the board of directors, the mission statement, certain financial activities, etc., are reserved to a panel of persons (the members of the corporation) appointed or approved by the institute. The major superior and council or others appointed by them could comprise the panel. 221 In this category of relationship, the ultimate responsibility for governance rests with the religious institute, which assures the Catholic identity of the work. An Influence Relationship An institute may participate in the sponsorship of a work in partnership with others, Catholic or not. The institute enters into such a partnership by means of a formal agreement on the issues of purpose and structure, which cannot violate fundamental Catholic values. If the institute holds a position of major partner, then it can exert considerable influence on the formulation of that agreement and the handling of new issues as they arise. For example, if an institute sponsors a school, a hospital, or a healthcare system and enters into an equal or majority member partnership, the institute can exercise considerable influence over the governance decisions of the new entity. Usually, the greater the holdings of a partner, the greater potential for influence. The resultant new entity may or may not retain a Catholic identity, as determined by the formal agreement and the approval of the bishop. An Advocacy Relationship At other times, collaborative agreements may result in an institute sponsoring a minor component of a larger entity. Again, such a partnership requires a formal agreement, which cannot violate fundamental Catholic values. In this case, the institute usually can exercise only a reduced level of authority. Its role becomes one of advocacy. For example, if an institute sponsors a healthcare or social service agency that joins a larger system, the institute may not be able to exercise major influence in governance decisions. However, it can always be a voice for the demands of the Gospel and natural justice in making those decisions. Again, the formal agreement and the approval of the bishop would determine any Catholic identity of the new entity. Catholic Identity Sponsorship concerns Catholic identity, among other things. Since the Catholic identity of charitable institutions relates primarily to the mystery of the Church, no single formulation can completely capture its essence. One sample model for a Catholic university formulates it thus: By institutional commitment it brings to its task the inspiration and light of the Christian message. Catholic ideals, attitudes and principles 222 penetrate and inform its activities. It operates as an institution in which Catholicism is vitally present and active.25 Ecclesiastical Structures An apostolic work can be structured in a number of different ways. Juridic Personality An apostolate can be constituted as a juridic person if it is “ordered for a purpose in keeping with the mission of the Church” (c. 114 §1). Juridic personality functions in canon law similarly to the way articles of incorporation function in civil law. The law itself recognizes some organizations as juridic persons; e.g., dioceses, parishes, seminaries, religious institutes, their provinces and houses. A competent ecclesiastical authority can establish other juridic persons by decree (c. 116). The law recognizes two kinds of juridic persons: public and private (c. 116). A public juridic person is established for a specific purpose congruent with the mission of the Church and acts in the name of the Church (c. 116 §1). This purpose includes “works of piety, of the apostolate, or of charity, whether spiritual or temporal” (c. 114 §2). The temporal goods of a public juridic person are ecclesiastical goods (c. 1257 §1) and are governed by Book V. A private juridic person acts to further the mission of the Church in its own name. It does not, therefore, act in the name of the Church (c. 116), nor are its goods ecclesiastical goods in the sense of Book V. A private juridic person is less closely governed by a bishop than a public juridic person. CICLSAL is the ecclesiastical authority competent to grant juridic personality to works of the apostolate which cross diocesan boundaries (e.g., a network of hospitals). Such petitions should briefly summarize the history of the apostolate, the reasons for the request, and the juridic consequences. Petitions regarding an apostolate contained within the boundaries of a single diocese should be directed to the diocesan bishop. Recognition as Catholic A bishop, by means of a public document, may recognize an organization or work as Catholic without establishing it as a juridic person (cc. 216; 300; 803 §1; 808). The entity publicly participates in the mission of the Church while it remains a private endeavor under private governance. Since the entity’s continued 25 John Paul II, apostolic constitution concerning Catholic universities Ex corde Ecclesiae 14, August 15, 1990: AAS 82 (1990) 1475–1509. 223 recognition depends on the bishop’s ongoing acceptance of it as Catholic, it would be prudent to identify some basic elements for making the grant in writing.26 Ecclesial Structures of Sponsored Institutions There are a variety of forms the structural relationship between sponsored institutions and the sponsoring institute can take. Institutions with formal juridic bonds to the Church Institutions with formal juridic bonds to the Church fall into one of three major categories: • Institutions operating under a public juridic bond, either: o through participation in a public juridic person, such as a religious institute or a diocese (most Catholic schools and healthcare institutions are in this category; they are not public juridic persons); o through their own public juridic personality obtained by virtue of their establishment by ecclesiastical authority.27 • Institutions operating under a grant of private juridic personality by ecclesiastical authority. • Institutions recognized by ecclesiastical authority as Catholic. Catholic entity managed under Catholic auspices, while owned and operated within a larger secular institutional framework A Catholic campus within a largely secular hospital or school would illustrate this case. Contractual and civil law documents, as well as the local bishop, would specify the extent and manner of the unit’s relationship with the Church. A religious institute could contract to manage or to operate the unit. An institution which operates in the Catholic tradition and which incorporates that commitment into its civil law documents and 26 An example of this kind of institution would consist of a school established by private individuals who run it as a Catholic school, have received public recognition of it by the bishop, but who have not sought to receive juridic personality for it. 27 For example, CommonSpirit Health, an alignment of Catholic Health Initiatives and Dignity Health includes healthcare institutions founded by over a dozen religious institutions across the nation. The system has obtained public juridic personality of its own, and the original sponsoring institutes have withdrawn sponsorship from the component institutions. In return, the institutes provide members of the board of directors. See https://commonspirit.org/, 224 policies but which does not possess formal juridic bonds to the Church An institution’s articles of incorporation may commit it to teach a Catholic curriculum, follow Catholic healthcare ethical guidelines, or require representation on its board of directors from a religious institute. In this category, the facility would not possess juridic standing in the Church, because it is not a part of a juridic person (such as a religious institute), nor has it received juridic personality from ecclesiastical authority. Such an apostolate would require the bishop’s permission to use the name Catholic (cc. 216; 300; 803 §3; 808). Many Catholic universities and schools in the United States operate under this model. The board of directors could contract with an institute to operate, manage, or govern the institution. An institution which operates in the Catholic tradition, but which possesses no civil or juridic bonds to the Church In this category, the institution has not bound itself in either the civil or ecclesiastical sphere as a Catholic institution. The personal commitment of the governing authorities and staff maintains the ecclesial connection. Canon law would not apply to the facility itself. However, Catholics involved would be subject to some canonical regulations, such as the need for the bishop’s permission to call the facility Catholic (c. 216). As in the previous example, the institution could make contractual arrangements with a religious institute or individual member for its operation, management or governance. A secular institution, i.e., non-ecclesiastical institution, under the management of an ecclesiastical entity, such as a religious congregation A non-ecclesial institution may contract with a religious institute to operate, manage, or govern it. The civil law contract regulates the situation, not canon law. Members of institutes involved in the work are nevertheless bound by the obligation to maintain communion with the Church and to observe both universal and proper canon law. An example of this arrangement could include a contract with a Catholic institution to manage an onsite food service. Conclusion More than in external works, the mission consists in making Christ present to the world through personal witness (cf. c. 673). This is the challenge, this is the primary task of the consecrated life! The more consecrated persons allow themselves to be conformed to Christ, the 225 more Christ is made present and active in the world for the salvation of all. Thus, it can be said that consecrated persons are “on mission” by virtue of their very consecration, to which they bear witness in accordance with the charism of their institute.28 LETTER OF SUITABILITY Date Major Superior Dear Bishop N: I am writing to certify the suitability of ---, a member in good standing in --Institute. She/he has permission to serve at (name of apostolic work) from --- to---. Furthermore, I have carefully reviewed the personnel records which we maintain, and I have consulted with some who served with him (her) in the works assigned under our authority. Based on these inquiries, I testify to the best of my ability that --- is a person of good moral character and reputation and is qualified to serve in an effective and suitable manner in your (arch)diocese. In addition, also based on inquiry and to the best of my knowledge, I assure you that nothing in his/her background would limit or disqualify him (her) from assignment or cause scandal. I hereby grant him (her) permission to serve in your (arch)diocese under your authorization. A curriculum vitae including name, date of birth, place and date of profession of vows/ordination, formation/seminary, and previous assignments is enclosed. Signature Title 28 John Paul II, Vita consecrata, 72. 226 227 CANONICAL AGREEMENT BETWEEN AN INSTITUTE AND A BISHOP CONCERNING MEMBERS WORKING IN AN (ARCH)DIOCESE Parties to the Agreement: In accord with c. 681 §2, this agreement is entered into between the --- Institute and the (Arch)diocese of --- for the services of the following members of the Institute (list of members). Duration of Agreement: The agreement for services shall begin --- and extend through --- . Terms of Service: (Listing of mutually agreed upon conditions of service.) Compensation: The (Arch)diocese agrees to remit payment to the Institute as remuneration for services rendered under this agreement by members of the Institute as follows: (terms of agreement). Termination: This agreement may be terminated or altered by mutual agreement of the parties. Termination can apply to one or more of the members listed or to all members who serve under this agreement. (details of notification process.) Signatures of the Contracting Parties By: __________________________ for _________________________ Signature (Arch)diocese Date _________________________ Title By: __________________________ for _________________________ Signature Institute/Society _____________________________ Date _________________________ Title 228 OUTLINE OF AN INTER-INSTITUTE AGREEMENT TO JOINTLY SPONSOR A WORK Introduction Parties to the Agreement Provisions Statement of Purpose of the Work Governing Structure/Officers of the Work Funding, Including Contributions by Participating Parties Evaluation Structure Dissolution Mechanism and Distribution of Assets Signatures, Titles and Dates 229