A Pastor’s Perspective of Commonly Faced Legal Issues
3 prevalent, oft-recurring,
always-potentially-SCARY, the-complaints-NEVER-stop issues…
always-potentially-SCARY, the-complaints-NEVER-stop issues…
• Complaints of inappropriate contact by an employee or childcare worker
• Preaching during an election year
• Raising pastors’ awareness of the importance of using legal advice
Investigating Complaints of Inappropriate Touching
Many situations are “botched” at 3 key moments:
• Worker/staff preparation
• Receiving the complaint
• Conducting the investigation
Worker/Staff preparation:
Clear lines of responsibility/authority – a must!
Proper training of all workers – handbooks, written policies, training procedures
What to do when a complaint is made
Receiving the Complaint:
Sample policy from the
Conducting the Investigation:
• Clarify and control the situation
• Status of those involved
• Witness list
• Determination re: legal counsel before proceeding
Conducting the Investigation:
• Do it right
• Make no assumptions
• Interview everyone!
• Take notes
• Review with counsel
• Report to appropriate committee/elder structure
Preaching during an Election Year
Know the law
Tax exempt organizations cannot “Participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of (or in opposition to) any candidate for public office.”
Preaching during an Election Year
Know the Law
Clarify with church leadership any risk
Establish a set theology/philosophy- a matter of integrity
My parameters:
Definition of life
Definition of Marriage
Responsibility to be “salt & light”
Speakupmovement.org – Pulpit Freedom Sunday
Raising Pastors’ Awareness of Legal Issues
• mandatory sexual abuse reporting
• insurance provisions mandating actions if sex offender visits
• forced terminations – releases, etc.
• handbooks, personnel policies
• tax laws
Raising Pastors’ Awareness of Legal Issues
• Zoning requirements, e.g. renovations that require upgrades to code, sign ordinances, asbestos abatement requirements, when is a permit required?
• Counseling- limitations and potential liability, releases, disclosure agreements with professional counselors, etc
• Licensing for use of videos, music, etc
• Property hazards and liabilities
Raising Pastors’ Awareness of Legal Issues
• Speak about it, blog, newsletters, etc.
• Pass on lessons learned by sister churches
• Encourage review of resources (monthly review)
• Encourage relationship with local attorneys
• Take advantage of resources such as state conventions –seminars, invite speakers to fellowship lunch/breakfast
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