OPERACIÓN Y MANTENIMIENTO

Total $632,454 $76,591 $709,045 94.87%

3. Expenditures if a Plan is Not Confirmed

The Amended Plan provides for the end of spiraling litigation costs, the distribution of

$21.25 million in settlement proceeds to certain Abuse Survivors, and the establishment of a

$500,000 Therapy Fund. The alternative is continuing litigation, at a likely cost of over $33.25 million, and forfeiting all settlement proceeds of the several settlements incorporated into the Amended Plan.

Based on current expenditures by professionals, if the Amended Plan is not confirmed, the Debtor estimates that it would take three to five years and up to $33.25 million if the Insurance Companies and State court Counsel require trials on each individual Abuse Survivor Claim¹⁶ in additional fees to resolve the outstanding issues in the Chapter 11 case.

VI. DEBTOR’S VOLUNTARY NON-MONETARY UNDERTAKINGS FOR THE PROTECTION OF CHILDREN

In 2012, the Archbishop and the Reorganized Debtor agree to adhere to the non-monetary undertakings set forth below for a period of at least ten (10) years:

 The Charter was adopted by bishops of the United States in June 2002. It was revised in 2005 and again in 2011. The Essential Norms for Diocesan Policies

16 See Section VIII.A.2(b) infra for a discussion of the cost of litigation necessary to adjudicate each Abuse Survivor Claim to the point that is necessary for insurance coverage, i.e., a determination for each claim that the

Archdiocese is liable to the claimant and that an insurer provided coverage for such liability.

Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons were revised and issued in 2006 (the “Essential Norms”). The Archdiocese is

committed to following the requirements of the Charter and complying with each of the Essential Norms, or those requirements and norms of any future documents issued by the USCCB.

 The Archdiocese has voluntarily participated and will continue to voluntarily participate in audits (currently scheduled annually) of its compliance with the Charter by the current audit agency contracted by the USCCB, or any of its successor audit agencies. These audits include, at the request of the Archdiocese, on site reviews of compliance by parishes and schools.

 The Archdiocese is committed to additional policies, procedures and initiatives that continue to advance the spirit of the Charter. The Diocesan Review Board (or its successor group) will continue to review all allegations of sexual abuse of a minor by a member of the clergy and make recommendations to the Archbishop about the substantiation of the report and the fitness for ministry of the accused.

The Diocesan Review Board (or its successor group) will also fulfill its

responsibility to review all policies, procedures and protocols related to both sex abuse prevention and response. The Archbishop will annually renew his

commitment to the Diocesan Review Board (or its successor group) affirming his resolve to follow their recommendations. See Exhibit E.

 The Archbishop will also maintain his Community Advisory Board (or its

successor group) to provide advice and counsel on the Archdiocese’s response to clergy sexual abuse of minors, including its safe environment programming; its response and outreach to abuse survivors; and its policies, procedures and

protocols related to clergy sexual abuse. The chair(s) of the Community Advisory Board (or its successor group) will be encouraged to identify at least one

additional abuse survivor to serve as a board member.

 The Archdiocese will review its mandatory reporting training protocols with the Community Advisory Board (or its successor group) on an annual basis.

 The Archdiocese will continue to develop, publish and implement its child abuse prevention/safe environment curriculum for all Catholic Schools and religious education programs in the Archdiocese. The curriculum will be designed to educate children, young people, parents, teachers and other volunteers about child sexual abuse. The curriculum will be age-appropriate and include instruction on ways to prevent, identify and report child sexual abuse. The safe environment program will be reviewed with the Community Advisory Board (or its successor group) every three (3) years.

 Policies, procedures and protocols on clergy sexual abuse of minors will be disseminated through the archdiocesan website (which currently has the

information in place) and through materials distributed to Parishes and Schools by

the archdiocesan office for Sexual Abuse Prevention and Response Services and the Safe Environment office (or their successor offices).

 The Archdiocese will continue to distribute information on how sexual abuse of a minor can be reported. This will include encouragement to report suspected abuse to law enforcement authorities. In addition, the Archdiocese will provide contact information for making reports to non-Church run agencies with the ability to accept such reports, in each of the 10 counties of the Archdiocese.

 The Code of Ethical Standards will continue to be given to all clergy, including the Archbishop and Auxiliary Bishop(s) and all church personnel and will continue to be available on the Archdiocesan web site. All church personnel and all volunteers who have regular contact with minors are required to document that they have read, understand, and agree to abide by the Code of Ethical Standards.

The Code of Ethical Standards will be reviewed by the Diocesan Review Board (or its successor group) on an annual basis to determine the need for revision.

Education programs on the Code of Ethical Standards will be included in Parish, School, and seminary workshops. The Code of Ethical Standards includes the sexual abuse policies of the Archdiocese and the mandatory reporting

requirements.

 For a period of at least five (5) years, the Archdiocese will continue providing information about reporting sexual abuse to parishes and schools, with a particular emphasis on this topic during Safe Environment Week and Sexual Abuse

Prevention Month.

 The seminary formation program for seminarians at Saint Francis de Sales Seminary will continue to address topics of sexual abuse of minors, prevention and detection of sexual abuse, and reporting of suspected sexual abuse.

Seminarians will continue to be required to read the Code of Ethical Standards and sign the acknowledgement form that they have done so.

 An organization policy will be implemented requiring the Archbishop, all ecclesiastical officers, department heads and office directors, and any official diocesan spokesperson to refer to clergy abuse survivors as “abuse survivors,”

“survivors of clergy sexual abuse,” or other term recommended by abuse survivor advocates. The policy will prohibit any reference, either verbally or in print, to substantiated abuse survivors as “alleged,” for example, “alleged abuse

survivors,” or “alleged victims.”

 The Archdiocese will continue to designate a “Victim Assistance Coordinator”

who will coordinate outreach and support to abuse survivors.

 The Archbishop will send a personal letter of apology to any abuse survivor (or immediate family member) of clergy sexual abuse of a minor by a diocesan priest who requests such a letter.

 The Archbishop will meet personally with any abuse survivor (or immediate family member) of clergy sexual abuse of a minor by a diocesan priest who requests such a meeting.

 Within thirty (30) days of the effective date of the Amended Plan, the Archbishop will issue a written statement of gratitude to survivors of clergy sexual abuse of minors who have had the courage to come forward and tell their story. This statement will be posted on the archdiocesan website for as long as the list of abusive priests is maintained.

 The Archdiocese will not enter into any settlement agreement with an Abuse Survivor which contains a confidentiality clause, unless specifically requested by the Abuse Survivor with the individual’s request noted in the text of the

agreement.

 The Archdiocese will publish the names of diocesan priests of the Archdiocese who have been (or would be if they were still alive) restricted from all priestly ministries, may not celebrate the sacraments publicly, or present themselves as priests in any way. These names will be published on the archdiocesan website (or its successor) for as long as it is technologically practical. If cases are

substantiated regarding a member of the clergy not previously listed, the name(s) will be added to the list.

VII. GENERAL STRUCTURE OF THE AMENDED PLAN