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CHECKLIST OF STEPS TO BE FOLLOWED IN THE REMOVAL OF A PASTOR
The following is a checklist of steps to be followed in the removal of a
pastor in accord with the procedures in canons 1740-1747.
1. As provided by canon 1742, *1, the diocesan bishop should propose a
list of pastors to the presbyteral council (unless this has already been
done). From this list, the presbyteral council establishes a group
of
pastors to serve as the "Pastors' Review Panel" from which the
bishop can select two pastors with whom he will consult as required in
the various steps of this process.
2. Although it is not required by canon law, the diocesan bishop
might speak informally and pastorally with the priest whose pastorate is
in question to discuss the situation.
3. If the bishop believes it is warranted by circumstances, he can
begin the canonical process for removal of the pastor by:
a. appointing a priest (e.g. vicar general/chancellor/vicar
for priests ) in writing to conduct an inquiry to determine
if a cause mentioned in canons 1740-1741 is present which would warrant
the removal of the pastor.
b. sending letters to two priest-consultors appointing them to
serve in accord with canon 1742 *1.
c. (optional) sending a letter to the pastor informing him that
this process is being initiated.
4. The diocesan bishop should meet with the two pastor-consultors,
as required by canon 1742*1, to discuss the matter with them and receive
their recommendations. They should be reminded of the obligation
of confidentiality (c.127*3) and the right to privacy (c.220) of the
parties involved. A memo recording the minutes should be drawn up,
notarized by a priest-notary, and filed (c.483*2
5. If the diocesan bishop decides that the removal must take
place, "he paternally is to persuade the pastor to resign within
fifteen days, after having explained for validity, the cause and
arguments for removal." (c.1741*1). This should be done by
means of a personal meeting between the bishop and the pastor, with a
priest-notary present also. A letter from the bishop to the
pastor, notarized by a priest-notary should summarize the conversation
and request for the pastor's resignation along with the reasons and
arguments for removal.
6. First Scenario - Resignation: If the pastor is willing to
resign, this should be done in writing and the bishop should send the
pastor a letter accepting the resignation (cc.474 and
483*2). If the priest resigns, he no longer is pastor and the
remaining steps can be disregarded.
7. Second Scenario - No Response or Simple Refusal : "If the pastor has not responded within the prescribed days [15 days], the bishop is to repeat the invitation [to resign] and extend the useful time to respond" (c.1744*1). This should be done by means of a letter to the pastor from the bishop. The letter should be notarized by a priest-notary and sent by certified mail, return receipt requested (cf.c.1744*2). An additional time period of at least another fifteen days would be a reasonable extension.
8. After the additional time period has expired and the return receipt
of certified mail delivery has been received, if there is no response
although the pastor is "not prevented by any impediment, or if
the pastor
refuses to resign without giving the reasons, the bishop is to issue a
decree of removal" (c. 1744*2). Again this decree should be
notarized by a priest-notary.
9. Third Scenario - Opposition to Removal: If the pastor
expresses his opposition to the removal and its reasons alleging
reasons which appear insufficient to the bishop, canon 1745 requires
the bishop, for validity:
a. "to invite the pastor to organize his objections in a written
report after he has inspected the acts and offer any proofs he has to
the contrary."
b. "when any necessary instruction is completed, to consider the
matter together with the same pastors mentioned in canon 1742*1 unless
others must be designated because those pastors are unavailable."
c. "finally to establish whether the pastor must be removed or
not and promptly to issue a decree on the matter."
10. After the removal is completed, the bishop is either to give the
priest another assignment if he is suitable for this, or the priest
should be provided a pension, as the case requires and circumstances
permit (c. 1746)
11. If the removed pastor has recourse to the Holy See, he can no
longer function as pastor and cannot live in the rectory (c. 1747*1)
unless he is too sick to be transferred elsewhere (c. 1747*2), but a
new pastor cannot be named while recourse is pending; meanwhile the
bishop is to provide a parochial administrator (c. 1747*3).
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