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Father Michael Rodriguez (Times file photo)

In a rare move, Catholic Bishop Armando X. Ochoa and Monsignor Arturo Bañuelas on Wednesday sued a controversial priest and his brother, alleging they mishandled thousands of dollars in church money.
The suit, described as an extraordinary measure by the bishop, alleges that the Rev. Michael E. Rodriguez improperly accepted donations meant for San Juan Bautista parish and opened certificates of deposit in his name that were meant for church construction projects.
The suit also names Rodriguez's brother, David Rodriguez.
The Rev. Rodriguez, who was reassigned from San Juan Bautista Parish on Sept. 20, 2011, to Santa Teresa de Jesus Parish in Presidio, Texas, denied any wrongdoing in a statement released Thursday. The priest was reassigned


for becoming politically involved in a recall effort against the mayor and two City Council representatives.
On Thursday, Ochoa said he could not comment on the lawsuit.
But according to the suit, Ochoa learned of the alleged mishandling on Sept. 7, 2011, when two former parishioners reported that the Rev. Rodriguez was soliciting money from them and others but asked that the checks be made payable to him instead of the church.
In a letter to parishioners on the El Paso Catholic diocese website, Ochoa said that Rodriguez failed to comply with diocesan policies relating to parish finances. He also stated that the priest has repeatedly refused to make a complete disclosure of how San Bautista church donations were used.
"I have had to resort to an extraordinary measure in order to protect the patrimony and restore the financial integrity of San Juan Bautista parish," Ochoa stated in the letter.
The lawsuit gives a detailed account of how the Rev. Rodriguez allegedly inappropriately deposited donations in various accounts to keep them secret, solicited funds and completed building projects without the approval of the bishop and requested checks be made in his name.
The lawsuit alleges that David Rodriguez was paid $4,000 for unknown work. The suit alleges that David Rodriguez was a participant in some of the priest's fraudulent practices and maintains at least one personal checking account with money meant for the church. David Rodriguez would not comment on the suit.
Police said neither Ochoa nor Bañuelas has filed a criminal complaint.
"We don't have a case at this time," said El Paso police spokesman Darrel Petry.
Renee Railey, spokeswoman for the district attorney, said there currently is no investigation of the Rev. Rodriguez and his brother.
In a statement Thursday, the Rev. Rodriguez said Ochoa's legal action is unjust and he is ready to defend himself.
"Over the course of 9 1/2 years as the parish priest of San Juan Bautista Catholic Church, I poured my heart and soul into caring for this parish, both in terms of temporal goods, and especially spiritual goods," he said. "I'm confident that hundreds of my former parishioners will eagerly testify to this."
He said he did not mishandle the church's money.
"I have always honored, respected, and made good use of the financial patrimony of San Juan Bautista. I stake my entire reputation on this claim," he said.
The Rev. Rodriguez said he talked to the bishop -- like a son to a father -- about the financial affairs of the church on Sept. 20, 2011, the day he was transferred to Presidio. (The lawsuit states that on that day, the Rev. Rodriguez revealed the existence of three CDs he had taken out, had matured and had been consolidated and slotted for the purpose of construction projects.)
"He chose not to believe me. For the past four months, my canon lawyer has made repeated efforts to resolve this matter with Most Rev. Armando Ochoa, and he has refused. I have a great love for my former parish of San Juan Bautista, and my former parishioners. I am ready to fight for and defend them, whatever the cost," the Rev. Rodriguez said.
He said he believes the real reason for the suit is his defense of the Catholic Church's teaching about homosexuality as well as his adherence of the Roman Liturgy of 1962, which dealt with the way Mass was celebrated.
Rodriguez wrote four controversial advertisements, which ran in the El Paso Times, speaking out against the elected officials and the gay lifestyle. He also challenged Mayor John Cook and city Reps. Susie Byrd and Steve Ortega to a public forum.
According to the diocesan Manual of Policies and Procedures of Parish Finances, Rodriguez should have deposited all donations made to San Juan Bautista for general operating purposes into one checking account, deposit donations for building projects into a savings account in the diocese's Investment Trust, and obtain approval of the bishop for all building projects that cost less than $15,000 and seek permission from the bishop and the diocesan finance council for all building projects that cost more than $15,000 and less than 5 percent of the church's annual yearly income, according to the lawsuit.
Beginning in 2009, the lawsuit alleges, Rodriguez solicited donations from parishioners for the construction of a grotto, to renovate the exterior and interior of the church, to buy new church bells and repair and to renovate the kitchen and garage of the parish hall.
Rather than being deposited in the Investment Trust, most of the donations were improperly deposited into the San Juan Church St. Vincent de Paul Society account. The building projects were then completed without the knowledge or approval of the bishop.
While the St. Vincent de Paul Society account had been established before Rodri guez's appointment as administrator, it was not an authorized account for the payment of expenses associated with building projects. And during Rodriguez's time at the church, the society -- which helps needy families financially and offers them clothing and furniture -- did not have a chapter at the church, the suit alleges.
None of the donations were solicited for the society. Furthermore, the lawsuit alleges, the funds were deposited in the society account to keep them secret.
Through his canon lawyer, Rodriguez admitted paying $20,000 from the St. Vincent de Paul Society account to repair the church roof in 2010, according to the lawsuit. Records from the St. Vincent de Paul account show that building projects were routinely being paid from donations deposited in the account, the suit states.
Other violations occurred during 2009, 2010 and 2011, when the priest solicited money from parishioners to construct a new altar and to renovate the sanctuary to comply with the ancient norms of the Roman Rite, the suit alleges.
Rodriguez, again, did not get permission from the bishop for the project and deposited the money in the St. Vincent de Paul account and had checks written to him to keep them secret, according to the lawsuit.
The lawsuit also claims that Rodriguez admitted paying $20,000 from the account to an architect to design the renovations to the sanctuary without informing the bishop.
In November 2009, the diocese conducted an internal review of the church's finances and asked Rodriguez to disclose all accounts. Rodriguez failed to disclose the St. Vincent de Paul Society account, the suit states.
By that time, according to the lawsuit, Rodriguez was heavily involved in mishandling donations and had started to use donated money for unrelated projects, such as paying his sister-in-law (David Rodriguez's wife) $5,000 for the operation of a bookstore and to conduct home-schooling at the church.
The suit says that starting June 1, 2010, Rodriguez began opening various certificates of deposits.
On Dec. 10, the suit alleges, Rodriguez deposited $100,000, which was a donation for the renovation of a church sanctuary in the first CD. Rodriguez continued to make a series of deposits and withdrawals, the suit says. On March 17, 2011, Rodriguez withdrew $209,159, the suit says.
Also, on June 1, 2010, Rodriguez opened a second CD and deposited more than $200,000 in April 2011, the suit says. Both CDs showed that upon his death, they would be paid to his mother, Beatrice T. Rodriguez, the suit says.
Based on information he received, Ochoa says in the suit that Rodriguez deposited the $200,000 from the first CD into the second CD but Rodriguez could not account for $8,128. The lawsuit states additional deposits were made to the second CD through July 2011, of which Rodriguez withdrew $228,963 and either held those funds or deposited them into an unknown account.
The lawsuit alleges Rodriguez used money from the second CD for a third CD and again named his mother as account holder upon his death. Rodriguez was asked to account for the difference between the $228,963.23 that was withdrawn from the second CD and the $210,000 that was deposited in the third CD but refused to do so, the suit says.
It later states that Rodriguez was asked by the bishop on Sept. 20, 2011, to assign the third CD to San Juan Bautista Church and the St. Vincent de Paul Society and he did.
In the lawsuit, Ochoa and Bañuelas are asking the court to impose a hold on all checking and savings accounts in the priest's name as well as his brother's until an accounting can be made.
They also are asking that the Rodriguez brothers be ordered to return all funds that were paid to themselves but were donations for San Juan Bautista Church.
María Cortés González may be reached at mcortes@elpasotimes.com; 546-6150.
Reporters Aaron Bracamontes and Marty Schladen contributed to this story.

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Mass of Installation in Fresno 01/11/2012
The Mass of Installation for Bishop Ochoa is scheduled for Tuesday, February 2, 2012 at 1:30 p.m. The mas will be celebrated at St. Anthony of Pauda Church, located at: 5770 N. Maroa, Fresno, CA 93704.

PRESS RELEASE 12/01/2011
Bishop Armando X. Ochoa / Appointed Bishop of Fresno
Bishop Armando X. OchoaIt was fifteen years ago that I received a call from the Nuncio saying that I had been appointed the fifth bishop of El Paso.  The actual announcement was on April fool’s Day, 1996.

Even though today is not April fool’s Day, I take this opportunity to advise you that I have been appointed the fifth bishop of the Diocese of Fresno in California, (area 36,000 square miles, population 1,064,700 Catholics,
 The Vatican announced my appointment early this morning and I wanted to share the news with you my former and new collaborators in the vineyard of the Lord.
While I was at the United States Conference of Catholic Bishop’s   meeting in Baltimore two weeks ago, our new Nuncio to the United States, His Excellency, Archbishop Carlo Maria Vigano, pulled me aside and broke the news to me. I am still in the state of shock!  I am humbled and deeply honored that the Holy Father Pope Benedict XVI would offer me this new challenge at my age.

I have been privileged to have worked with and gotten to know you my brothers, here in the border region of El Paso.  I am still in awe that you so readily accepted me as your new shepherd.  Please know that you all will be in my prayers as we await the commemoration of the Birth of the Lord.

Bishop Armando X. OchoaThe Diocese of Fresno is in central California, but it neighbors my former Archdiocese of Los Angeles.  As it turns out, my former Metropolitan Archbishop Jose Gomez of San Antonio, becomes my new Metropolitan Archbishop.   My new southernmost community of Frasier Park, was my neighbor in my former San Fernando Pastoral Region in the Archdiocese of Los Angeles. The diocese of Fresno covers 36,000 square miles, has 89 parishes, 43 missions, 20 Catholic Elementary Schools and 2 Catholic High Schools.  Fresno serves some 42,500 young people in classes of Religious Education, and there are 2 Catholic Hospitals in the diocese.    
The Most Reverend
Armando X. Ochoa, D.D.