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Diocese of Buffalo and New York Attorney General reach agreement to settle lawsuit

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BUFFALO, N.Y. (WKBW) — In November 2020, New York State Attorney General Letitia James sued the Diocese of Buffalo and former bishops Richard J. Malone and Edward M. Grosz for failing to protect children and engaging in a decades-long cover-up of sexual abuse.

On Tuesday, the Diocese announced it has reached an agreement with the AG to settle the lawsuit and released the following statement:

“The settlement that the Diocese and the New York Attorney General have agreed to confirms that the rigorous policies and protocols the Diocese has put in place over the past several years are the right ones to ensure that all young people and other vulnerable persons are safe and never at risk of abuse of any kind by a member of the clergy, diocesan employee, volunteer, or member of a religious order serving in the Diocese of Buffalo. At the same time, we have strengthened our Safe Environment policies with the Priest Supervision Program which I implemented in June of last year to account for priests removed from active ministry, and with the additional appointment of a new Child Protection Policy Coordinator. We hope that these initiatives, along with our commitment to producing an additional detailed annual compliance audit by an independent auditor, will provide further evidence of our commitment to the level of accountability and transparency that all Catholic faithful and the broader public rightly deserve and require.”
- Bishop Michael W. Fisher
“For far too long, the Buffalo Diocese and its leaders failed their most basic duty to guide and protect our children. In choosing to defend the perpetrators of sexual abuse instead of defending the most vulnerable, the Buffalo Diocese and its leaders breached parishioners’ trust and caused many a crisis of faith. As a result of this action, the Buffalo Diocese will now begin a much-needed era of independent oversight and accountability, and my office will continue to do everything in its power to restore trust and transparency for the future. No individual or entity is above the law, and those who violate it in New York state will always be held accountable.”
- AG James

As part of the agreement, the Diocese said it has appointed Melissa Potzler as Child Protection Policy Coordinator. According to the Diocese, Potzler will be responsible for ensuring that the child protection policies and protocols are followed. The Diocese said Potzler is a former Assistant District Attorney for Erie County, a former criminal defense attorney, and the recent Parish Life Coordinator at Nativity of Our Lord Parish in Orchard Park.

In addition, Potzler will serve as Vice Chancellor and her responsibilities will be to oversee how the Diocese complies with all applicable laws and regulations and its own Governing Policies. She will also be responsible for overseeing the Priest Supervision Program.

As part of the agreement, the Diocese said it has agreed to an additional “Compliance Audit,” to be conducted by an external, independent auditor, approved by the Attorney General’s Office.

Bishops Malone and Grosz are required by the AG, and have agreed to, "refrain from serving as a director, trustee, officer, or equivalent fiduciary position with any charitable entity registered in the
State of New York."

The Diocese said the former bishops have not been accused of any financial impropriety and the AG's requirement "does not bar them from serving in a ministerial, pastoral, or spiritual role, within any Diocese in New York State, or from serving as a volunteer to any charitable entity registered in the State of New York."

You can find the full settlement, a video statement and more on the Diocese website here.