Correspondence from Rose McDermott to Barbara Baer Regarding Revisions to Federation Statutes

A letter acknowledging a request for changes to the statutes and a detailed description of the statutes in question.

7-05-201

10:30AM

FROM CUA CANON LAW DEPT.

202 319 4187

TUM

MEMO
TO:

Barbara Baer, CSJ
FAX: 316-689-8928

FROM:

DATE:

J A'}-- j

Rose McDermott,
FAX 202-319-4187
July 2, 2001

RE:

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Response ofRome; Modifications in text

I regret you did not send me the communications from Father Torres before you sent the
changes your are requesting to the Congregations of Sisters of St. Joseph. The suggestions that
were made in the Statutes are in keeping with the universal law. Some ofthem are non-negotiable.
I would ask you to think about this before you send a petition for these changes back to Rome.
Otherwise, it may hold up the approval of the Federation as a public juridic person.
The following are my observations on the changes you are requesting. I will address only
the changes you made in the recorrunendations from Rome that may prove problematic.
Article I
Section 3 -"Other'; is a more general tenn than ''new.j' Even if all of the congregations presently
in the US belong to the Federation, another congregation (not new) may enter the US and ask to
join. Ifyou change "'other'' to "new;' the congregation would be excluded from joining. "New"
means one that has recently been approved as a religious congregation. I would recommend
keeping the more general word "other."
Section 3 - Since the Federation (with its present congregations) will become a public juridic
person in the Church with pontifical status, an institute would have to seek permission of the
Congregation for Consecrated Life to aggregate or join it. This protects the Federation as a
public juridic person. It is similar to the merging of one institute with another or the union of
institutes. Once approved as a canonical entity in the Church, a significant change, alteration or
addition cannot be made without the permission of the Holy See_
Voluntary membership was :fine when the Federation was simply a de facto association.
Section 4- Withdrawal from the Federation is a significant change, and it, too, would require the
approval of the Apostolic See. This is a non-negotiable for the same reasons stated above in
Section 3.

I

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7-05-201

10:31AM

FROM CUA CANON LAW DEPT. 202 319 4187

Section 7, paragraph 2- "Federated" is the better canonical word. "Membership'' has the
connotation of rights and obligations (as we have at our religious profession in our own
congregations.). It should be remembered that the Congregations are not hound by Federation
recommendations_
You may want to think about holding on to "juniorate" f'fonnation during temporary
profession'' seems more appropriate). There may come a day when the Congregations would be
happy to have such a program, and the Federation would have to petition Rome for such.
Remember, you do not have to use what is in the Statutes, such as provision for fonnation those
in temporary profession. But ifyou do not have such provision, you will have to petition Rome
down the road. You may want to think about this a little more.
Section 7, paragraph 3 - "Leadership Teams" is a meaningless phrase both in civil and canon law.
The Statutes need to name the person vested with authority who admits candidates to the
novitiate or permits them to participate in the Federation novitiate program. This provision is in
keeping with the Constitutions of the Congregations belonging to the Federation_ The consent of
the council protects the candidate fro.m an arbitrary decision ofthe superior general and assists the
superior general by surrounding her with wise persons. "Leadership Teams" has no legal sense.
Section 8 ~The substitution of''Federation" for "Federal communities') leaves the sentence
without any sense. AJI that is being suggested is that if such communities come into being) they
will be under the particular nonns ofthe Federation. In other words) since they are Federation
communities and not ones constituted by a superior general of one of the Congregations, they
come under the supervision of the Governing Board.
I would use the item 7 that Father Torres recommended. You will note that he cites in
parenthesis two canons - one which requires the consent of the diocesan bishop to erect; the other
requires consultation with the diocesan bishop before suppressing. The Federation would have to
follow the universal or common law. I would recommend you fol1ow his suggestion, since it is a
point ofuniversallaw.

Article VII
Added paragraph: The sentence does not state who appoints the Treasurer. This is what Rome
requested. It would be more correct to state: The Governing Board appoints the Treasurer with a
two-thirds vote of its membership and the recommendations ofthe Executive Committee.
Article IX
Section 2 - If you request that you change "Governing Board" to "Executive Committee," you
should have it read as follows: At the end of its term of office, the Executive Committee shall
send a report approved by the Goveriling Board to the Apostolic See. Those in authority send
reports to Rome. The Executive Committee is accountable to the Governing Board.
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7-05-201

10:32AM

FROM CUA CANON LAW DEPT_

202 319 4187

Again, I regr-et you did not send this directly to me before you sent it to the
Congregations. Some of the recommendations that Father Torres tnade are in keeping With
universal law and the requirements for public juridic persons in the Church. They cannot be
changed or substituted. When the federation was simply an association, it was more or less ''on its
own." But with approval it will have canonical status and will cotne under the norms for public
juridic persons.
I would ask you to consider these recommendations, as I am not certain Father Torres can
grant your requests for some of the changes you want_ I would want for the Federation that the
Statutes approved when sent over the second time_
I have to travel to Philadelphia on July 5-7, but summer classes begin on July 9, so I will
be back in Washington at that time_ Please think about these suggestions_ They protect the
Federation, the Congregations and the novices who would be attending the novitiate of the
Federation.

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Rose McDermott

U.S. Federation of the Sisters of St. Joseph archival records

113.04 Correspondence with Canonist

Martha Smith Archives and Research Center

Avila University

2 July 2001

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