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A Letter Specifically to Church Leaders:
Getting Your Legal “House”
In Order
| Then He said to them, "Then
render to Caesar the things that are Caesar's; and to
God the things that are God's." And hearing this,
they were amazed, and leaving Him, they went away. |
-- Matthew 22:22b-23 |
Dear Church Leader,
Jesus had a way of silencing the critics
and amazing the crowds. He was devoted to God’s Kingdom
– a worker of miracles. He was also a solid citizen
that followed “the laws of the land” –
including the Roman tax code!
Peter had similar words for the early
church:
For the Lord's sake accept the authority
of every human institution, whether of the emperor as supreme,
or of governors, as sent by him to punish those who do wrong
and to praise those who do right. For it is God's will that
by doing right you should silence the ignorance of the foolish….
Honor everyone. Love the family of believers. Fear God.
Honor the emperor. (1 Peter 2:13-17)
Fast forward two thousand years. The commands
remain the same. Church leaders are still called to inspire
followers of Christ. Church leaders are also called to “honor
the emperor” by following a significantly more complex
system of federal and state laws, and to do so in the most
litigious society in the world.
Consider just some of the areas
in which carrying out Christ’s ministry today intersects
with legal issues, or “the things that are Caesar’s”:
|
Areas
of Christian Ministry |
Corresponding
Legal Issues |
| Starting a church |
Church incorporation, bylaws, tax
exempt status, state filings, and liability insurance. |
| Church leadership |
Corporate governance, including
designation of church leader and member authority; board
governance; ordination process, privileges and responsibilities;
and employment laws including gender, age, and race
discrimination, harassment, compensation issues, severance,
private inurement, and conflict of interest policies.
|
| Financial Stewardship |
Audit and finance committees, board
oversight, annual reports. |
| Giving |
Financial controls, benevolence
policies and approvals, charitable giving methodologies
and programs |
| Pastoral counseling |
Clergy-penitent privilege, church
discipline and potential for defamation/libel suits,
abuse reporting, unauthorized practice of psychology. |
| Ministry to children |
Volunteer screening applications,
criminal background checks, driving records, liability
release forms, parental approvals, potential for negligent
hiring and negligent supervision |
| Evangelism |
First Amendment rights |
As a church leader, you are responsible
for understanding the laws that apply to your church –
as Jesus certainly did. You are also responsible to ensure
that your staff and key lay leaders understand the legal
issues that intersect with their area of ministry.
I write not to overwhelm you, but to remind
you as a fellow believer of your responsibility as a leader
of God’s church. I also write to encourage you that
help is available to you, free of charge, yet you may not
even recognize it!
At this very moment you probably
have incredible resources within your own church ministry
that have not yet been tapped.
These resources are church members with
abilities, talents, and the heart to become competent to
oversee various areas of your church ministry with legal
components. These people can be trained and equipped to
ensure that your church is above reproach as a corporate
entity, a model in the eyes of men, and protected from law
suits that could distract or cripple your congregation.
By equipping men and women in your congregation
to oversee “the things that belong to Caesar,”
your ministry staff and volunteer ministry leaders can focus
on the things that belong to God – his people, his
ministry, his mission.
I spent eleven years as a church administrator
working with a team of professionals to figure out ways
to free ministry staff from administrative burdens, allowing
these ministry leaders to focus their energies on fulfilling
the church’s mission.
I later served as the in-house counsel
for an association of churches located throughout New England
and Europe. In this role I worked closely with church elders,
boards, and a talented administrative staff to address the
legal, governance, and risk management needs of these organizations.
My current legal practice combines
these experiences to offer practical and effective counsel,
resources, and ongoing support to nonprofit and church leaders.
Specifically, I help church leaders with
the following:
- Assess the legal health of your
congregation as shown by its corporate governance, insurance
coverages, policies and procedures, and risk areas such
as youth ministry and pastoral counseling;
- Help identify, train, and equip staff,
directors, and volunteers to understand and oversee the
key risk areas of ministry and church operations;
- Work with your leadership to craft
sound policies and procedures;
- Provide on-line tools to your church’s
staff and volunteers, including on-line policies, resources,
and training customized for your congregation;
- Provide on-going legal counsel as needed.
My ultimate goal for all my
clients is to work myself out of a job as quickly as possible.
I will, of course, always be available
to provide resources and tools and serve as a counselor
and advisor when the occasional legal problem arises. Yet
once your legal “house” is in order (and your
church’s leaders are equipped to give to Caesar what
is Caesar’s), church resources can and should be devoted
to the things that are God’s.
Please do not hesitate to contact me or
email me to discuss how I might be of service to your congregation.
Most Sincerely,
David Adams
P.S. I invite you to explore my website to learn more about
how I can help equip your church staff and volunteers
Links:
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