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Madison.com, June 19, 2008

Lawsuit: Bishop Morlino demanded confidential information


By DOUG ERICKSON

A fundraising firm hired by the Madison Catholic Diocese to gauge support for rebuilding St. Raphael Cathedral says Bishop Robert Morlino insisted the firm turn over confidential information gathered from surveys and interviews, including the names of priests who complained about Morlino.

The firm, Phoenix Fundraising Counsel of Madison, says it refused to disclose the confidential data on priests and parishioners and now can't get the diocese to pay its bill.

It has sued the diocese in Dane County Circuit Court for payment of at least $350,000, which includes work on a feasibility study and a planned capital campaign.

The episode is the latest controversy for Morlino, a blunt-spoken bishop who has sometimes been accused of heavy-handedness during his five-year tenure, particularly in his relations with priests.

The lawsuit comes at a critical point for the diocese as it tries to rally support for replacing St. Raphael, the Downtown Madison cathedral destroyed by an arsonist in 2005. A planned capital campaign to rebuild the cathedral and pay for other projects, such as a priest retirement fund, was put on hold by Morlino in April.

The diocese has never revealed a goal for the campaign, but the lawsuit says Morlino favors a $70 million campaign.

Morlino declined an interview request Thursday. Diocese spokesman Brent King said the diocese does not comment on pending litigation and no one, including the diocese's attorney, would address the issue further. King described the lawsuit as a disagreement over "fair compensation for services rendered."

According to the lawsuit, Phoenix Fundraising surveyed 6,000 parishioners and interviewed 83 diocesan priests. In a letter last November that is part of the lawsuit, Morlino told parishioners "all responses will be considered confidential."

Priests also were granted confidentiality, according to the lawsuit. This was especially critical so they "felt free to comment without fear of repercussion," the lawsuit says. Many of these priests "expressed concerns that were later summarized, without identifying information, in a report" to Morlino.

John Richert, president of Phoenix Fundraising, contends in the lawsuit that when he met with Morlino March 7, the bishop wanted the firm to turn over all 6,000 surveys as well as information from the priest interviews.

"Bishop Morlino insisted on the disclosure of the confidential data, including the names of specific priests who had expressed concerns or registered complaints about Bishop Morlino during the survey process," the lawsuit says. "Bishop Morlino was visibly agitated when Richert refused to turn over this confidential information."

Company let go

At a meeting 19 days later, Morlino informed Richert that the diocese would no longer need the firm's services, the lawsuit says. Monsignor Donald Heiar also was at the meeting.

"Monsignor Heiar and Dr. Richert agreed after that meeting that Bishop Morlino did not want Phoenix Fundraising to continue on the capital campaign because he was upset that Mr. Richert refused to turn over the confidential responses from the priests for his review," the lawsuit says.

Heiar could not be reached for comment. Richert did not return messages. Attorney Timothy Edwards, who represents Phoenix, was out of town and unavailable.

Charles Franklin, a professor of political science at UW-Madison who studies polling methodology and conducts surveys, said confidentiality is a bedrock assumption of any survey research organization.

"We promise the respondents they will never be identified individually and that the results will only be presented in aggregate statistical form," he said. "The ethical implication of confidentiality is that responses are never disclosed to an outside party in a way that could link answers back to an individual."

Nancy Mathiowetz, immediate past president of the American Association for Public Opinion Research, said it would be unusual for a survey firm to share names and other identifying information with its client.

"Under most situations, the data collector knows the identity of the respondents and never does it go beyond that," said Mathiowetz, a sociology professor at UW-Milwaukee. "It's rare that a client asks for that kind of information back."

Mathiowetz said the national organization is "absolutely adamant on the importance of confidentiality."

'It's just embarrassing'

One diocesan priest interviewed Thursday by the State Journal said he was relieved the company honored the confidentiality pledge. The priest said he participated in the Phoenix survey.

"I really respect the company for that," said the priest, who was granted anonymity by the State Journal because he said he feared negative fallout from Morlino. "This just seems unjust on so many levels. Beyond that, it's just embarrassing."

He said morale is low among priests and some parishioners are stunned by the lawsuit.

"I think they're amazed that Morlino would risk this kind of bad publicity," he said.

Morlino has not shied from controversy in the past, often saying it comes with being outspoken. In 2006, he ordered all priests to play a recorded message from him during Mass that addressed hot-button social issues on the general election ballot. He told priests in a letter that he would reprimand them if they expressed any disagreement with his views.

For some Catholics who have been critical of Morlino, the allegations in the lawsuit are not a surprise.

"It sounds like it's right out of his playbook," said Craig Wehrle, a member of Queen of Peace Catholic Church in Madison who disapproves of Morlino's service on a federal advisory board for a controversial U.S. military school, once known as the School of the Americas.

Wehrle said that at one meeting between Morlino and critics of the school, Morlino promised to make a videotape of the meeting available, then changed his mind when the meeting didn't go well. "This seems to follow the pattern where he makes rules to suit his own preferences," Wehrle said.

Ellen Cook of Madison, a longtime Catholic who worked in the diocese's religious education office for seven years, said the lawsuit's allegations make her "tremendously sad."

"I don't want it to be true, and I just have to be glad that the church is broader than the authority structure," she said.

Morlino retains many strong supporters. Pat Gehred, who attends St. Joseph Catholic Church in Fort Atkinson, said while she was not familiar with the lawsuit and could not comment on it, she has been very impressed by Morlino's tenure.

"I so appreciate his frankness," she said. "I cannot say enough good things about him. I pray every day that he's not terribly persecuted, because I know that position attracts a lot of criticism."

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