Governor’s office agreed to 6-month grace period for archdiocese to keep using property, delaying payments to clergy sex victims

The governor’s office agreed to a stipulation by the Archdiocese of Agana to stall the closing of its $2.3 million purchase of the scenic church chancery in Agana Heights for up to six months. That might mean the proceeds of the sale – which has been contracted through an executed purchase agreement – will be held back from victims of clergy sex abuse.

The unusual delay in the real estate transaction is meant to allow the archdiocese to continue operating there before the property becomes public property, the free use of which by a religious non-profit would trigger questions about the separation of church and state.

This information was provided by Jon Junior Calvo, the governor’s chief of staff, in a phone interview with Kandit following our breaking news of the impending sale. Mr. Calvo called to clarify information previously sent to Kandit by his subordinate, governor’s communications director Krystal Paco-San Agustin. Earlier Sunday, Ms. Paco-San Agustin told Kandit that the government would be allowing the archdiocese to use the property as it transitions its headquarters to another location. “There will be a transition period to allow them to move into a new chancery,” she said. “During this period, they will continue to assume all operational costs.”

Mr. Calvo clarified that the so-called transition period would occur while the property would technically remain under the ownership of the archdiocese. He said he was nearly certain the owner of the property is the archdiocese and not the trustee for the clergy sex abuse scandal case. Mr. Calvo said that once the archdiocese moves out of the chancery – a process that could take up to six months – both parties would move to close the transaction and transfer the property under the title of the government.

Who owns the property while the archdiocese uses it is an important distinction. It would appear to be unlawful – a violation of the constitutional separation of church and state – for the government of Guam to use federal funds (the funding source for the purchase) to buy the property then turn around and allow a religious organization to use it, at least without charge.

This is why, he said, the government agreed to the archdiocese’s stipulation not to close the purchase until a six month grace period expires, allowing the archdiocese time to move out.

The Bill of Rights of the Organic Act of Guam, under §1421b(p) of the federal statute states:

“No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such.”

Mr. Calvo does not believe there is any violation of the separation of church and state doctrine, and further said the transaction was blessed by the U.S. Treasury. The governor’s chief of staff also said he does not believe his involvement in the negotiations and the transaction constitutes any conflict of interest. He is a lay leader within the archdiocese.

“I have no financial benefit,” he said of the transaction. He also confirmed that the three others involved in the transaction from the government of Guam’s side were Governor Lou Leon Guerrero, Lieutenant Governor Joshua Tenorio, and director of administration Edward Birn.

Sources told Kandit it was Mr. Tenorio and Mr. Calvo who pushed for Ms. Leon Guerrero to make the purchase. Mr. Calvo said that is not true and that it was the archdiocese that approached Mr. Tenorio, who was acting governor at the time, with their request for the government to buy the property. Mr. Calvo would not say who within the archdiocese made the request.

Previous news reports and court documents indicate that the proceeds of the sale of the chancery are supposed to go into the clergy sex abuse scandal trust. That money is for distribution to child rape survivors of clergy and Catholic lay sexual abuse and archdiocesan coverup of the crimes throughout the decades.

When asked why the government of Guam would agree to a six month hold on the closing of escrow knowing such a move would deprive the clergy sex victims of this money during this period, Mr. Calvo said that is not for him to answer, but for the archdiocese to provide answers. Kandit pushed back, asking him to acknowledge that the terms of this transaction involved both parties – the archdiocese and the government. He doubled down, saying the decision for the lengthy pre-closing period was solely the archdiocese’s.

Kandit has reached out multiple times Sunday to Archbishop Ryan Jimenez for interviews on this matter and others. The archbishop has yet to return our email requests.