A Pastor's Perspective of Commonly Faced Legal Issues

A Pastor’s Perspective of Commonly Faced Legal Issues

3 prevalent, oft-recurring,
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

Alabama State Convention

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

Thoughts from My Sabbatical

I'm glad to be back!!

Over the next few weeks I'm going to post some thoughts from my sabbatical. I shared some of my thoughts in my article this month for the Akansas Baptist News..................

A couple of weeks ago, my wife and I were on vacation in Virginia. We had the pleasure of visiting Montpelier – home of President James Madison. He is often credited with being the “Father of the U.S. Constitution.” Being a lawyer, I must confess it was a moving experience to stand quietly in the room where President Madison spent months thinking and planning for a radical new form of government.

The event we now call the Constitutional Convention was held throughout the summer of 1787 in Philadelphia. The country was struggling and riots, protests, and chaos dominated the headlines. While others were protesting, Madison went to work. He retired to Montpelier to study and think, asking “How can we govern ourselves?” He spent months researching and studying. He studied every form of democratic government throughout history to determine what works and what does not. He studied history, philosophy, and even researched scripture for insight into how humans function in a society. There he developed “the Virginia Plan” which provided the framework for our Constitution. No one asked him to do it – it simply needed to be done. He was a patriot.

Standing in that room, I was humbled by the commitment to attack what must be done. I was awed by the creative force which drove him to develop such a masterpiece. It was a short step then to ask myself if I am a creator. As a Christian, I should be a creator. To reflect genuinely the image of Jesus, we must be creators. What could your church do if you took it upon yourself to study and develop a ministry that touched lives? Who could be reached for Christ if we became creators?

What is an issue facing your church? Find a place and spend sometime before the Lord seeking a plan. Be creative and develop a ministry which reflects our Creator and Savior. Jesus stated unequivocally, “Greater works than I do you shall do.” Too many people want to save God money. Too much time is spent nitpicking when we could be creating. It is amazing to stop and consider the impact on your church when you create for God’s glory and then spread of the Gospel. It simply needs to be done.