Churches are vulnerable and unprotected because the policies, processes, and bylaws that protect the church are outdated and time consuming. Church leaders need a simple, affordable, expert way to protect their churches with good policies and procedures. Law and Church is a weekly podcast presente…
Jesus prayed for unity in the church in John 17. Paul admonished Christians to resolve their disputes within the church rather than in court. I know of very few churches that are prepared to resolve disputes within the body. 1. Better unity requires better theology. 2. Better unity requires pastoral involvement. 3. Better unity involves outside help. 4. Get an arbitration contract.
www.LawandChurch.com 1. Better churches fulfill their general duty to provide a safe workspace. The Occupational Safety and Health Administration cites employers who do not provide safe workspaces, including ergonomically effective office space. 2. Better churches train their employees on ergonomics because the more employees know the more likely they are to avoid harm. Employees must know common musculoskeletal disorders (MSDs) and their signs and symptoms. Employees must know the importance of reporting MSDs as soon as possible. Employees must know how to report an MSD in your church. Employees must know risk factors and activities associated with work-related MSDs. 3. Better churches require employees to work safely and provide the tools necessary to do so. Require employees to stand up and walk around every hour. Provide standing desks. Provide proper typing equipment to avoid carpel tunnel. Provide back and knee braces for heavy lifting, helmets and harnesses for work at heights, and other safety equipment.
1. There are so many church leaders out there right now whose passion for the gospel has not been sickened by coronavirus. Here’s the problem: we still have to cancel those mission trips and many churches have collected thousands of dollars in donations designated for those trips. Misspending that money could be a catastrophe. At the Church Law Group, we have some ways to help you. 2. Better churches have documentation on what designated money is designated for. 3. Better churches have strict policies on the process of receiving and documenting designated funds. 4. Better churches have a plan on what to do when designated funds cannot be used for a designated purpose. 5. Go to our website at ChurchLawGroup.com and download our template plan that helps churches take care of these vital issues. Without a plan and a process, you’ll set your church up for headaches. Your church can succeed at fulfilling the great commission even in having to cancel these mission trips.
www.LawandChurch.com Church leaders are getting creative in how they do worship services online. Here’s the problem: there are a slew of legal issues that existed in person and are exacerbated when we move online. We’ve got to have a plan to ensure legal compliance in these trying times. Copyright & Takedown Notices - make sure your church has its proper streaming licenses and a takedown notice. Children - many church leaders are trying to reach children online too. This is great, but when you do that you automatically raise the bar on data privacy issues. Confidentiality - what goes on Facebook stays on Facebook. Make sure you have a good privacy policy in place to protect your church.
1. Churches are better elsewhere right now. Can the government shut down a church? Yes. Congress shall make no law prohibiting the free exercise of religion. But, the Supreme Court has held that the free exercise clause is not violated if a law is generally applicable to the public and any infringement on the right to practice religion is narrowly tailored to meet a compelling state interest. There is no argument that shutting down gatherings of more than 10 people is a law of general applicability. There is no argument that there is not a compelling state interest when this virus is projected to kill 100,000-240,000 Americans. That’s more than all of the combat related deaths in every armed conflict the United States has been in since WWII. Is the law narrowly tailored to meet the state’s interest? The government could mandate that churches perform services in certain ways that minimize exposure to the coronavirus, but the Constitution also says “Congress shall make no law regarding the establishment of religion.” This creates a circular problem. Shutting down a church violates the free exercise clause. Telling a church how to perform religious services violates the establishment clause. That is a very good indication that the law cannot be more narrowly tailored than it already is. 2. Churches can do better than civil disobedience right now. Peter Jones’s entry in the Dictionary of Scripture and Ethics provides a great framework here. When we talk about civil disobedience, we know that there must be a conflict between God’s law and man’s law when for the believer, God’s law must control. Even in GOd’s law - in Scripture - there is a presumption that we should obey our authorities. That’s in Romans 13, Titus 3, 1 Peter 2, and in other places too. So, if we’re going to be disobedient, the burden is on us to show that it is necessary. A law that prohibits what God demands calls for direct civil disobedience. The question then is whether government bans on church services during the pandemic prohibits what God requires. On the surface, the answer is yes, it does. God demands that we habitually meet together. Some states now have laws that demand we do not meet together. Therefore, the law prohibits what God demands, right? Here’s what Jones says. FIrst, we must be diligent about the facts and context. Let’s not forget other facts. Other facts show that it is entirely possible for churches to meet online, and a vast number of churches are doing so. Small groups are meeting via Zoom or Google hangouts. Some churches are having small baptism services for groups of less than 8 or 10 people and wearing protective gear like gloves and masks. Some churches are sending pastors and deacons into homes to administer the Lord’s supper to groups of less than 8 or 10 people. Our inability to think outside the box does not justify civil disobedience here. Jones goes on to say that civil disobedience should be a last resort. We know this pandemic has an expiration date. We know there are other things we can do. We could even engage in litigation if necessary to regain permission to meet together, which no one has had time to pursue yet. We’ve not reached the point of last resort. Jones continues to argue that the moral objections to these bans must outweigh the moral objections to the disobedience. Disobedience here could lead to nothing more than dead Christians. I’m not discounting God’s power to protect and heal, but considering how the church can continue to meet and minister and the possibility of further degradation of Christian influence in our society because we disobeyed and expel died, I think the moral objections to disobedience outweigh the moral objections to being ordered not to. Here is the last thing Jones says: if we disobey, we should expect and accept punishment for breaking the law. That level of commitment to your convictions is what makes civil disobedience effective. It’s what made Nelson Mandela and Martin Luther King, Jr. effective. So if you feel the Spirit leading you to disobey and meet as a church, expect and accept the consequences of that. Otherwise, your disobedience is ineffective. 3. Churches better in pandemic will be better after pandemic. A 16th century proverb says “mater artium necessitas” - the mother of invention is necessity. Public schools have lagged behind on remote learning. Necessity right now has birthed a much better grasp of what is necessary to use technology to meet as a church. We’ve taken a break from our technology and the law series to address coronavirus, but this is a great transition back into that topic. Church leaders have largely bought into the notion that the church’s website is the new front door. Many would be guests will make up their mind about the church before they ever step foot in it. But we’ve not done a great job carrying that to its logical conclusion. Our live streams and recordings of our services are not always the greatest quality. Our ability to capture data on those who are attending online services is not at its peak. Online giving is now a matter of absolute necessity. Since these things are necessary, we would be foolish to throw these tools away after this pandemic has passed. We must continue improving the quality of our online services. We must continue to push for online giving. We must continue to work to capture contact information for people visiting our church’s website and using the website as an outreach tool. We must continue to explore how to get people into groups online.
1. Churches are better together than when they close their doors. 2. Churches become better together through the merger process. a. Negotiations b. Due Diligence c. Plan of Merger d. Paperwork 3. Churches demonstrate the gospel better together. a. John 17:20-23 :: 20 “I do not ask for these only, but also for those who will believe in me through their word, 21 that they may all be one, just as you, Father, are in me, and I in you, that they also may be in us, so that the world may believe that you have sent me. 22 The glory that you have given me I have given to them, that they may be one even as we are one, 23 I in them and you in me, that they may become perfectly one, so that the world may know that you sent me and loved them even as you loved me.”
Three Questions Every Church Process Must Answer 1. Why are we doing this? 2. What are we doing? 3. How are we going to do it? Notice this is not a policy. Remember, a policy has a basis in law, ethics, or your bylaws, an objective, procedures it governs, and Scripture supporting it. Each of these elements but the procedures the policy governs at least speak into the first question of your policy: why? Get a free course: Church Policy, Process, and Protection.
www.LawandChurch.com Four Components of Better Church Policies BOPS 1. Your policy must have a Basis. 2. Your policy must have an Objective. 3. Your policy must refer to Procedures that it governs. 4. Your policy must contain Scripture that supports the objective.
There are three major legal issues to consider this year that will help make your church better. Pay. The Department of Labor has changed its salary thresholds for exempt and non-exempt employees. Here’s what you need to know. Right now, anyone who makes under $23,660 per year must be paid hourly and given overtime, for the most part. Starting January 1, that number goes up to $35,568 per year or $684 per week. Church employees must be paid a salary of at least that amount and meet certain duties to be exempt from overtime under the Fair Labor Standards Act. The Department of Labor estimates that more than a million workers will get a raise in January, and I already know of several churches who are working through making the necessary adjustments. Churches in some states will not be affected. Alaska, California, and New York already have higher salary requirements. Washington State and Pennsylvania are considering higher levels. Bylaws. I’m going to keep harping on bylaws. They are a necessary evil in the world right now. If we don’t follow our bylaws, the courts can get involved and tell us what to do. We must have a good set of bylaws. Get our free sample at www.churchbylawsbook.com. Politics. We’ve got to stay out of politics as best we can. We must preach the truth of God’s Word and we don’t need to shy away from talking about the same things politicians are talking about. However, we can’t get involved in partisanship. Get sample bylaws and a sneak peek at Josh Bryant's new book Bylaws and Business Meetings: Turning Pains to Gains at www.ChurchBylawsBook.com. Join the Law and Church Group on Facebook at www.facebook.com/groups/LawAndChurch. Get an up to date payroll guide at https://www.thechurchlawgroup.com/payroll--job-classification.html. Like us on Facebook at www.facebook.com/churcheslawyer and follow us on Twitter at www.twitter.com/churcheslawyer.
There are five things to consider when making organizational decisions to ensure that the church conducts itself ethically. You can remember them with the acronym CIVIC. Commission- We are not acting ethically if we are not fulfilling the commission Jesus gave to the church to make disciples. Integrity - The Bible says “let your yes be yes and your no be no.” What implicit or explicit agreements do we have and how will a decision break or fulfill those commitments? Value - What brings value to God? Impact - Our decisions should impact the world. Who will be impacted by any decision we make? Have we gotten their input? Citizenship - We are part of our communities. What would make your church the best citizen possible? Download our free decision guide at www.TheChurchLawGroup.com/DecisionGuide. Get access to our CLEATs library at https://www.thechurchlawgroup.com/cleats.html. Check out the Citizen Church blog at https://www.patheos.com/blogs/citizenchurch.
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www.LawandChurch.com One of the things I've advocated for a while now is getting out in front of cultural trends. For example, there are some changes that churches need to make now to get out in front of sexual orientation and gender identity laws, the trend with courts to side-step the First Amendment using business organizational law, and so forth. Our guest today is an expert and researcher of where churches are heading and what the future might look like. And as we've discussed some of these trends legal issues start to pop out. Growing churches will have to pay attention to property law and business organization law. Tech savvy churches will have to pay attention to data security and intellectual property laws. Shrewd churches will have to pay attention to tax laws. Senior citizen churches will have to pay attention to changes in legacy giving patterns and estate laws. Here are the high points of our discussion with Dr. Rainer: What do you forecast in terms of church growth strategies? Horizontal growth will out pace vertical growth. Churches must be prepared for mergers, new churches, and new property acquisitions. How do you see churches using technology and the internet for church growth? The online campus will continue to grow as a first step to a physical campus. Data security around online giving, prospect capturing, and other confidential communications must be addressed. Protecting intellectual property will also be a chief concern.
www.LawandChurch.com One of the tools we touched on I want to go into a bit more deeply and that is the capital campaign. When should a church think about a capital campaign? When a capital campaign is geared towards a designated goal, what are some things churches should do to ensure gifts are used for their designated purpose? What are the general steps involved in a capital campaign? (30,000 foot view)
www.LawandChurch.com I tell every church that I work with that I want to help them become more secure, effective, and efficient. One area where too many churches are vulnerable and insecure is in their financial position. I read a statistic recently and we'll be talking about it a bit more in future episodes that 61% of all church buildings in America house congregations that cannot financially maintain the building. That affects somewhere in the neighborhood of 200,000 churches. On top of that, one of the issues I unfortunately deal with somewhat frequently is the physical security of money and embezzlement. Financial insecurity intersects the law in so many ways. With deferred maintenance comes denied insurance claims. With dips in giving come missed debt payments and the possibility of foreclosure or bankruptcy. Now I'm not an accountant or financial advisor, but I tell churches I work with that they need to have access to one and to develop a plan. Planned giving means different things in different circles, so let's define that a bit. Jim, what is planned giving? Here are the high points of our discussion with Jim Sheppard: What is planned giving? Who should plan their giving to the church and who should pastors approach about planned gifts? What are some things that churches can do to better cultivate a planned giving culture? Where have we fallen short? What does the future of legacy giving look like?
www.LawandChurch.com Today our guest is Dr. Thom Rainer, founder and CEO of Church Answers - an online community and resource for church leaders. Before founding Church Answers, Dr. Rainer was the President and CEO of LifeWay Christian Resources. He served for 12 years at the Southern Baptist Theological Seminary where he was the founding dean of the Billy Graham School of Missions and Evangelism. He has written more than two dozen amazing books for church leaders, all of which are available in the show notes. One of those books which I highly recommend to any church leader is Simple Church, which Dr. Rainer wrote with Eric Geiger. We lawyers here at Church General Counsel are very keen on processes in churches. Good processes are documented, which is good if anything ever goes really wrong and I have to explain that process to a judge or jury. Good processes are repeated, which is good because I don't have to worry about variable practices that could harm the church. Good processes are monitored, which is good because any risky or illegal conduct that puts the church in harms way can be seen and changed before the church gets into trouble. Good processes are refined, which is good because the more efficient and effective the church gets the more secure the church can become. Here are the high points of our discussion with Dr. Rainer: What does your research say about the efficacy of churches with clearly defined processes? How can churches best illustrate their processes?
One of the areas of the church that generates the most liability for churches is student ministry. First, they like to do crazy stupid stuff sometimes. Ropes courses without ropes, lake days with students flying through the air off a tube at 40 miles per hour, food fights with full cans of food, firework wars - I've seen all of this stuff. However, students bring a lot into the church in a very real spiritual battle over that teenager's life. Sexting of child pornography, bullying, volunteers engaged in sexual contact with students, pornography use, abuse and mandatory reporting, and more. Here are the high points of our discussion with Chris Roller: Sexting literally brings child pornography into the church. Bullying creates legal liabilities not only for the bully, but possibly for the church as well. Properly vetting volunteers will continue to be an enormously necessary task. As abuse increases, so will the need for pastors and student leaders to understand the mandatory reporting laws in their state.
www.LawandChurch.com Once per month on the Law and Church Podcast we're going to review cases in which churches are in court. Our goal is to learn from these churches, figure out why they are in court, and talk through some things that could keep us from finding our own churches in similar situations. Universal Life Church v. King Temple Beth Shalom v. Commerce & Industry Insurance Company John Doe v. Boy Scouts and LDS Church Calvary Pentecostal Church v. FoxStone Group Afresh Church v. City of Winchester
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