I'm going to go out on a limb and guess that a very high percentage of churches that own property don't have the right level of insurance, if any at all. Is this a bold, ridiculous guess? Or, do I know something you don't.
First, I know from my experience that many church leaders have a hard time accepting the idea that they should pay for insurance to protect buildings and property. Honestly, some church leaders even have a problem with insurance coverage for defense costs in the event of a lawsuit.
Second, I read a lot of what's out there. How often have we read or heard about a church that was destroyed, either by arson, a hurricane, tornadoes, or other unfortunate event or catastrophe… only to learn that they will never rebuild because the church was under-insured, or not insured at all? If they decide to rebuild, it's usually on the financial backs of their members, who would much rather have footed an insurance bill than a rebuilding fund raising campaign.
Insuring the church and its property against foreseeable and unforseeable events should be one of the pillars of every church start up. Unfortunately, when many church leaders are busy starting a church, they mostly think about the ministry and outreach aspect. The idea of insurance may not realistically emerge to the forefront for months, or perhaps even years. In the meantime, they fail to recognize the enormous risk they face.
We know from recent events that disaster can and will strike anytime and anywhere. Even when we believe our earthly structures are… indestructible. If and when disaster strikes, whether in the form of a natural disaster, an atrocious act, or even a legal complaint against the church, will your insurance be enough to protect your church? Or will you be forced to close your doors… forever?
Here's one case where a devastating event has left an entire body of Believers unsure of what the future holds for them. No doubt they will wholeheartedly explore the idea of rebuilding. That's the natural response to such an event. But the uncertainty is simply too great when there was no insurance policy to foot the bill. Read it now at: www.msnbc.msn.com/id/16949257/
We're not really sure what will happen to the church in this story. But it doesn't sound too promising. What we didn't hear the spokesman say was, "We had the foresight to insure our property. We're already planning the rebuilding process."
Instead, I sense a sadness coupled with a feeble attempt to be brave. I understand the sense of loss and grief one can experience at a time like this. But my hunch is that the sadness comes from thinking of what it will take for church members to come up with the money to rebuild. Not an easy task.
It will certainly not as simple as it would have been to make monthly, quarterly or annual payments on an adequate insurance policy. Am I simply promoting insurance here? Not at all. It's a matter of being the kind of stewards that Jesus would have us be. It's a matter of being shrewd while innocent.
Adequate insurance coverage is not the only risk-management issue that churches face. And it certainly cannot replace an effective risk-management scheme of policies and procedures to help reduce risk and complexity. But should disaster ever come knocking on your church doors, be prepared so you find yourself piling tragedy upon tragedy.
July 12, 2007
Church Risk Management: Luxury Or Necessity?
From years of working with churches and their leaders, I have come to believe that money is the culprit. You read that right. In my experience, church leaders tend to put a price on if, when, how and how much they will do to establish an adequate risk management plan in their churches. They worry about the money it takes and often consider it too high a cost to pay.
Despite the clear biblical teachings on good stewardship, many focus almost entirely on the outreach side of ministry while ignoring the inherent perils of leading a church in a modern, litigious society. But, I believe that when God Calls men and women of faith into the ministry, He Calls them to to everything EXCELLENTLY! That means not ignoring the need to protect His church and His people from what can easily be avoided.
The truth is that an appropriate risk management strategy is not necessarily expensive or time consuming. At least not when done right. That is not to say that no costs are involved or that it will be extremely inexpensive. It does mean that when compared to the level of damage awards that juries are lowering on churches, the cost is relatively insignificant. To say nothing of all the time, effort, worry, stress, heartache, distraction, division and possible ultimate destruction that a lawsuit can cause your church. And that's before the dame award is handed down.
With all this in mind, here's how to implement an appropriate risk management strategy that will guide and protect your church for years to come:
First, keep in mind is that ministers, church staff and volunteers are not normally the best people to handle this task. This is a job for a qualified professional with years of experience and expertise in advising and protecting Christian churches and understanding their unique needs. When you're finally convinced that it's best to leave risk management to a professional, you can began to appreciate the need to set aside funds for this important need.
Second, a major aspect of good risk management is to have everyone focus on what they do well, and have them do it often. This generates expertise in all the different aspects of your ministry. This means that a minister ought to focus on ministry, outreach and shepherding. A board member ought to focus on board activities and an officer on his or her particular role. It's very tempting to identify one individual from your staff or volunteer corps and ask them to become the resident risk manager. That would not be appropriate. Of course, in the long run, everyone has a role to play in maintaining risk management and protecting the church. But, initially… you must put it in the hands of a competent person who can then train others on the specific role they must play.
Third, engage a professional and commission a legal and corporate audit of the church. This should entail literally hundreds of areas in which risk has been known to exist in the context of churches and ministries. The importance of a legal audit cannot be overstated. It's the equivalent of going to a doctor and saying, "I'm not feeling well although I can't tell you what, if anything, is wrong with me." The doctor would perhaps run tests and take a close look at many different areas of your body and its systems. This would lead to a specific and detailed diagnoses of what problems may exist and how they should be treated. And a side benefit of extensive testing is always knowing what is doing find and doesn't need to be messed with.
Fourth, a completed legal audit should lead into structuring appropriate Policies and Procedures to meet the specific needs of nonprofits, and of churches in particular. Thus, depending on the size of the church, you can end up with from 50 to 500 policies and detailed explanations of how the policies should be implemented… called "Procedures." A Policy is generally a simple and direct statement of the church's stance or belief in a particular area. The Procedure details how to carry it out. For example, a policy in the children's ministry may be like the following: "First church is committed to protecting all of its minor children involved in every aspect of First Church's Youth and Children's Ministry from the occurrence or possibility of inappropriate conduct, abuse, neglect or molestation being directed at, or perpetrated against them by any one else." The Procedures could say for example, "Step One: No one may serve in the youth or children's ministry of First Church unless and until they have been an official member in good standing of First Church for at least 6 months; Step Two: All paid staff and volunteers who may serve in the youth and children's ministry of First Church, or otherwise have direct contact with youth or children in the course of their work or volunteer activities with First Church, must undergo a background check, to include the following…; Step Three: No one working for pay or in a volunteer capacity in the youth and children's ministry of First Church is allowed to be alone with a minor at any time and for any reason. Everyone this policy relates to must follow the 2-Person rule where a child must always be in the presence of at least two qualified adult persons." Do you get the point?
Fifth, once a completed set of Policies and Procedures that meet your specific needs are in place, train everyone in your church to follow them "religiously" and consistently. The only thing worse than not having appropriate policies and procedures, is having them but failing to follow them. While this may suggest to some that perhaps it's best never to have them at all, nothing could be further from the truth.
Imagine yourself testifying in a court of law as a church leader who could have prevented a horrendous event that led to a lawsuit. Which answer do you think will resonate better with a judge or jury?
Answer #1: "I tried everything within my power to prevent this occurrence, including commissioning appropriate policies and procedures and training all staff and volunteers to enforce them as intended on a consistent basis. Unfortunately, in this isolated case, this particular individual failed to do so."
Answer #2: "No, we have no specific written policy on that matter. No, our staff and volunteers don't have any specific training in that area. In general, we are all good people and we really trust that people will do the right thing. It didn't happen in this case, but that should be on the individual who abused the child. Why should the church be liable?"
Let me just put it this way, even if both result in liability, the difference will be in the hundreds of thousands of dollars, if not the millions, that are tacked on to the damages award when a jury hears the second answer. Which would you as a church leader like to leave as a legacy?
Now is the time for churches and their leaders to take risk management seriously. If it's not a matter of life and death, it's at least a matter of potential serious injury and life-long scarring of our youngest, most innocent and most vulnerable loved ones. Can you really put a price on that? For more information on risk management for churches, check out the Jesus Justice And Me, Legal Steward Seminar. And to God be the glory!
If you thought you'd heard the last from detractors of Christianity after the movie The Da Vinci Code faded out of theaters, think again. It seems their mission never rests. The most current installment of their efforts to deceive the world has come in the form of a purported archaeological discovery.
About 27 years ago, during the construction of an apartment building in the Talpiyot neighborhood of Jerusalem, construction crews chanced upon a tomb containing six ossuaries, or stone boxes for human bones. The ossuaries are purportedly inscribed with Jewish names that were common for that place and time, some of which are apparently not very clear.
The Discovery Channel, and its accomplices in this latest attack on the truth of Jesus Christ (James Cameron of Titanic fame, and lightly-regarded movie director Simcha Jacobovici) claim the inscriptions on the boxes say "Jesus, son of Joseph," "Mary," "Joseph," "Matthew," "Maria the Master," and "Judah, son of Jesus." They insist that Maria the Master really refers to Mary Magdalene and on that basis, conclude that Jesus and Mary Magdalene married and had a son. Apparently, they commissioned certain "scientific" studies that they believe bear out their claims.
Interestingly, an additional "James Ossuary" somehow "surfaced" (whatever that means) apparently in another location and is not only claimed to be from the same tomb, but to contain the bones of a brother of Jesus. Israeli authorities have pronounced it a forgery and are prosecuting its owner. Jacobovici made a 2003 film on the forgery. So of course, to keep from losing credibility, he maintains it's real.
Do you need any more background to realize that these claims are nothing more than desperate attempts to garner more fame and fortune for those involved? In fact, their agenda, particularly in maintaining patient silence for 27 years while they worked behind the scenes, was to develop a significant money-making project in the form of a book and documentary film.
But you have to ask, "Why did it take so long to develop these projects, and why come out with them now?" Here's what I think. They understood their book and movie projects relied on such specious and intellectually dishonest arguments that they formed serious doubts as to their likelihood of commercial success. However, having seen the commercial success of The Da Vinci Code, fueled largely by the atheist and humanistic movements, and the wishful thinking of those whose consciences may be bothering them, they chose to piggy back on that success and hedge their bets that the world didn't get enough the first time.
Never mind that world-renowned archaeologists, anthropologists and scholars from all walks of life, including non-Christians with no real stake or interest in the promotion of Christianity, summarily dismissed it as hogwash and denounced it as a publicity stunt. And never mind that the Discovery Channel and its filmmakers chose to ignore and scorn the legitimate archaeological methods normally employed in such discoveries, including the ensuing tests for validity and peer-reviewed scientific writings. Instead, they commissioned secret testing and held a news conference to announce their movie.
In fact, the detractors ignore all sense of fact and reason in reaching their conclusions, including the facts that Jesus would probably not have been buried in the rock-cut tomb of rich families, in Jerusalem, and with an inscription bearing a first name and father's name. Instead, as a Galilean, Jesus would have been buried in a common grave, in Nazareth, and with a first name and home town inscription. This is what we are told by experts in the field. But, it seems our latest Christian haters considered them minor details that could be ignored.
You may be tempted to think, at first blush, that with nothing more than a few boxes with bones and unclear inscriptions, this latest effort to challenge the divinity of Jesus Christ and the facts of his life, are relatively harmless and will go nowhere. After all, The Da Vinci Code was presumably based on much more research and evidence, if no less blatant hyperbole.
But here's why these claims are dangerous in every way. The filmmakers intend to suggest that Jesus never rose from the dead and the Holy Scriptures are completely mistaken about the true life of Christ as a man. With that in mind, they intend to further suggest that Christianity is entirely based on a lie and therefore, an illegitimate faith. So, they aren't merely unscrupulous opportunists, they espouse a distorted view whose goal it is to destroy the faith of many and popularize the religion of self, fame and fortune.
We could ignore this, knowing the truth about Jesus, and understanding not only the sweetness of our faith, but also the power of God in our lives. We could turn the other way, realizing that God is all-powerful and will not be mocked. And we could go about our lives, feeling secure in the realization that God Himself metes out justice.
But the truth is that, if there were a vulnerability in the Christian faith, it would be the unwillingness of disciples to speak out. The evil one commands his minions to lie to the world by suggesting that we should be concerned about what the world thinks and how we will be viewed if we stand up to the popular culture. Now you know where that little voice that tells you there is no real concern or urgency comes from.
Many of the faithful will admirably take on this debate and expose the Discovery Channel and its accomplices for the Charlatans they really are. But there is something that every faithful Christian can do, even if it doesn't involve the high-minded world of archaeology, history and religious debate. We can share our faith. We can start new churches. We can take the good news of the gospel to the far ends of the world like never before.
We can go! And we can open our mouths. We can proclaim the truth of Christ and show the fruit of God in our own lives. There will always be those who can't or won't escape the pseudo-intellectual lure of this issue. And many simply can't separate fact from fiction. Unfortunately, some of them will fail to experience the grace of Jesus Christ. But most people respond to the miracles in their lives and the changes God brings, which they never before thought were possible.
This is where we can and should make a difference. I teach my children that if we don't stand for something, we fall for everything. So, the best way to counter the misguided, ill-intended detractors of Christianity is to stand for something. Stand for the truth of the gospel. And do it by sharing your faith and helping to powerfully and forcefully advance His kingdom.
Our children are watching, so it's absolutely essential that we give them the right example. Aside from ignoring the upcoming book and movie, unless you approach it as pure fiction, which it is, the best thing we can do is to live out the Great Commission. Go! And make disciples!
(For more on the story this posting is based on, go here: www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022600442.html)
February 14, 2007
Pastor Defrauds Church
I get no pleasure from writing this post, as it deals with many of the issues I warn church leaders and faithful Christians against on a regular basis. My hope is that it will serve as a warning to church members, their ministry leaders and their boards, about what can and will happen when oversight is lax and a church board is nothing more than a rubber stamp for a forceful, if charismatic, pastor.
I won't try to break down, in this post, all the legal issues that are presented in this scenario. Not that I wasn't tempted to, as it reads like a veritable law school testing hypothetical. But it would be boring legal chatter and miss the whole point. Suffice it to say that this man did many bad things and no one seemed to be keeping an eye out… not just on him, but also on the church itself.
To me, it seems that in literally stealing ALL the church property out from under the unsuspecting congregation in tiny Ripon, CA, "Pastor" Randall Radic always intended to hurt people. Why else would he parade down main street to flaunt his "spoils"–the shiny new BMW he bought with the dirty money? Why would he do it in the first place?
It didn't seem that he was in a tight financial spot. He got to live in a parsonage (church-owned home that is provided to a pastor to live in), for which he was able to deduct the fair-market rental value from his ordinary income. Thus, if he was paid, for example, $75,000 annually as pastor of "Unsuspecting Church," and the fair-market rental value of the parsonage was $2,000 per month, his reported ordinary income would be no more than $51,000. Of course, when you take into consideration the numerous other deductions allowed under the IRS rules, such as maintenance expenses, utilities, furniture, etc,… the deductions from ordinary income could have brought his taxable income down to $30,000 or less, each year. Have you calculated lately the taxes on $30,000?
Now, I don't really know… but I wonder if anyone has even attempted an audit to see what kind of other money may have been embezzled along the way. I wouldn't doubt that it happened regularly, or that the congregation would rather keep it quiet.
It also seems that he did not have the stresses of family, like many good pastors do. There's no indication here that he was married or had children. In fact, his entire behavior is that of a man who doesn't have to look into the eyes of a young boy or girl and say, "Let me teach you to be honorable." Or perhaps, "Follow me as I follow Christ." Perhaps not all pastors with families with do that either, but when a family is involved, it's less likely that your pastor will sell the house out from under them as well.
Also, unlike another situation that most Americans are by now familiar with, there's no indication he was a closet homosexual, or drug addict, or both. But if he were, it would not have been known by a group of people who didn't seem to see anything wrong with hiring a younger single man to be pastor over a congregation of senior citizens. Or was he hired? Is it possible that the church had never really established any structure of legal and/or religious authority? There is a suggestion that the church board was duped in this situation. But we don't really know if he was not perhaps, an all-powerful pastor with a rubber stamp board and no spiritual group to whom he was accountable.
Let me also address the church culture where members tend to claim their ministers as "favorite sons." That's part of what leads disciples to care little about setting up oversight procedures. That's part of what allows them to have unquestioned, if misplaced, trust. A minister is not someone who should be coddled and winked at by a bunch of older ladies, and looked upon by senior men to remind them of their younger days. The ministry is much more than a "job," or "profession." It's the role that God has ordained, through which He intends the flock to be cared for. Treating pastors like our grandchildren, or "that handsome young buck that preaches to us on Sundays," does the ministry a great disservice.
There are so many others things one can say about the shameful displays of selfishness and heartlessness by Radic, not just in selling the parsonage and church building, but also in how he rubbed it in the collective face of the congregation after the fact. The point is that churches all over this nation should take this as a warning. The enemy is not only lurking in the outskirts, he's also lurking within. The enemy is not merely a red, horned monster. Unfortunately, sometimes, the enemy is "us."
Because of this truth, the time is now to do everything within your power to protect your church, not just for yourselves, or the generation that follows, but for the good name of Christ. You mark my words, this evil man's exploits will one day soon be made into a Hollywood story. Are you not yet aware of how Hollywood likes to distort the image of Christianity and defame the name of Christ?
Don't give them the opportunity. Don't give the evil one a foothold. Stop the foolishness of slobbering all over charismatic single pastors and hold them, as well as all ministry personnel, the the standard of the bible. What other standard are you faithful to? Let someone help you learn how to protect your church. That's what I always preach.
You can find the article this post relates to at: www.msnbc.msn.com/id/17120210/
February 4, 2007
Church Administration: What You Should Know About Risk
I have found that church administration is not the most popular topic to write about. If I were solely concerned with popular church topics, I would be doing churches a disservice. But, my vast experience in serving churches tells me that church administration articles are among the most important for any new ministry, even if they don't want to hear it.
Understanding the numerous areas of risk involved in a church ministry is one of the best ways to protect it. As with most other things, to inform is to empower. What every church, not just a new church, should know is that risk can be managed.
But before you can manage risk, you must first identify and understand it. Identifying risk is not always easy. At times, it may seem like common sense. At others, it's counter-intuitive. Understanding risk is also not easy. Too many people are blinded by too many things, such as life experience, bias, and deep-rooted desires. I have found that helping churches identify and understand risk is a slippery slope that must be negotiated, no matter how seemingly insurmountable the minds and egos on the receiving end may be.
Of course, identifying and understanding risk cannot be accomplished in one, or even a few articles. It must be a two-way conversation because it begins with taking a deep look at who you are and what you do as a church ministry. This exercise can be as hard and painful as looking at who you are and what you do as a person.
In the same way that people are complex, ministries are complex because they reflect who we are as people. We've all done things we thought better of in hind sight. So it is with churches. In attempting a bit of foresight, I will begin this conversation with just a short list of the issues that potentially face any church, and therefore, of the inherent and created risk.
In going through this list, and considering the real life manifestation of each issue, we have to keep in mind the common thread; churches are all about people. Churches are nothing without the close, everyday, intimate and complex interaction among hundreds, sometimes thousands of unique individuals. Jesus does not operate in a vacuum. Therefore, when you have imperfect people involved in each others' lives in ways that are among the most intimate and profound in all of society, things are bound to happen.
And it's not simply an issue of church members, there are any number of constituents who are similarly affected, not the least of which is the community in which the church operates. The interactions, relationships, events, activities, discussions, messages, and opposing forces all add up to a mixture that is ripe for dispute, controversy, and even causes and effects for which a church may be hauled into court. Sometimes it's worse. Real human lives are involved. Even children can be tragically impacted.
Indeed, risk and complexity are a normal part of any church, as with any other microcosm of society and the world at large. Churches will never fully rid themselves of risk and complexity, and it may not even be desirable to do so. That is not to say that it can be ignored. On the contrary, ignoring even a small part of the risk and complexity that accompanies a typical ministry has resulted in a literal explosion of litigation against churches in the last decade. Where suing a church was once unheard of, today it is commonplace.
These lawsuits are often triggered by power struggles, the sharing of confidential information, questionable counseling practices, sexual misconduct, membership issues and the like. But there is no limit to the ways that risk may present itself within a church or ministry. The conflicts and risk elements are often converted into the following types of legal claims:
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Breach of Contract
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Negligence - Premises liability or risky church activity
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Negligent hiring, supervision or retention of employees or volunteers
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Clergy malpractice
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Defamation
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Negligent or Intentional Infliction of Emotional Distress
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Breach of Fiduciary Responsibility
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Violation of Corporate Bylaws
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Invasion of Privacy, or Breach of Confidentiality, and
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Abuse in the Teen or Children's Ministry… to name a few.
We'd like to think that ministers and other church leaders are much more adept at thinking these things through when contemplating the start up, or maturing process, of a church or ministry. But, the truth is that you'll be hard-pressed to find that course in divinity school. Besides, ministry and outreach is what is foremost on most church leaders' minds. Which leaves risk management to administrators.
Yes, this is really for the church administrators who often see their roles as simply collecting and depositing the weekly contribution, and accounting for it to church leadership. A church administrator who doesn't fully embrace the more important role I lay out here, doesn't really understand his or her calling. Church administration is a biblical role. The ad-ministry is an important ministry alongside all others. I know, I've been there and done that.
In no particular order, the following are major elements of risk that must be managed to some extent in every church or ministry, no matter how large or small, and those that all church leaders should carefully think about and plan for. We will revisit each, one at a time, in future posts:
- The church's legal and corporate existence (hint: do an audit before you really have to)
- Financial health (hint: establish an effective policies and procedure infrastructure)
- Church's contract(s) with its ministry personnel (hint: decide if this is right for you)
- Church-specific Constitution/Bylaw (hint: think long and hard about what you will include)
- Summer Camps (hint: what precautions are needed and are you insured?)
- Youth Ministries (hint: are you doing background checks on youth workers?)
- Children's Ministry Guidelines (hint: this is one of the biggest areas of risk)
- Child Abuse Reporting Guidelines (hint: you must know exactly what to do, or face consequences)
- Christian Conciliation and Alternative Dispute Resolution (hint: decide to require this from all staff and employees to avoid future litigation)
- Appropriate Insurance Coverage (hint: failure to properly insure may be grounds for imposing personal liability on leaders)
- Board and Staff Training (hint: another large area of risk because it's ripe for abuse)
- Volunteerism, Screening, Training and Supervision (hint: huge area of risk because poor training and lack of control spell potential trouble)
- Policies on Avoiding Defamation (hint: know what to say or not say, when, how and to whom)
- New Church Start-ups (hint: to most critical time to consider all these issues)
- Church Polity (Denominational Structures) (hint: best to think it through from the outset and not when you're on the courthouse steps)
- Formation of Conventions and Associations of Churches (hint: how will you protect all these relationships and what they stand for?)
- Formation of Integrated Auxiliaries and Support Organizations (hint: how will they function and be overseen, and how will they benefit the church?)
- Association & Affiliation Agreements (hint: if you have one, was it drafted by a competent professional?)
- Legal and/or Religious Authority in the Church (hint: if you don't establish it now, it may be decided for you later)
- Ecclesiastical Tribunals (hint: will their authority extend beyond spiritual/religious?)
- Missions Societies (hint: how will funds be handled, distributed and accounted for?)
- Church-Owned & Leased Property (hint: are there other tax issues involved? What about insurance?)
- Ordination & Parsonages (hint: can you current practice subject ministers to possible audits?)
- Clergy & Social Security (hint: do you know what you need to know?)
- Special IRS Tax Benefits for Clergy (hint: are you maximizing them or losing out?)
- Pastoral Counseling (hint: when are you going beyond where the law protects you?)
- Clergy-Penitent Privilege (hint: what should you know about his?)
- Clergy in Church Administration (hint: how do you go from pastoral ministry to administration, and what does it practically mean?)
- Benevolence Funds (hint: you can get in trouble with lousy practices)
- The Church Audit Procedures Act (hint: how to use it to your advantage)
- Religious Publishing & the Commerciality Doctrine Music Licensing (hint: what should you know about this area?)
- IRS Section 501(c)(3) Tax Exemption (hint: if this is right for you, you do you get it and keep it?)
- State Tax Exemptions (income, franchise, sales, use personal and real property taxes) (hint: learn how to take advantage of these)
- Board Governance and Fiduciary Duties (hint: are for-profit corporate standards being applied to nonprofits and churches?)
- Board Committees (hint: know what they do and what their protocol should be)
- Corporate and Organizational Structures (hint: think it through now before it becomes unwieldy)
- Subsidiaries and Affiliates (hint: how can you use them to advance your purposes?)
- Financial Accountability and Executive Compensation (hint: how do you avoid running afoul of reasonable compensation and independent decision-making rules?)
- Title VII and Discrimination (hint: how does it apply to churches and can it benefit you?)
- Private Inurement & Private Benefit (hint: perhaps the largest area of concern, if not the most costly. It's a matter of integrity before the Lord)
- Excess Benefit Transactions & Intermediate Sanctions (hint: what are the costs?)
- Employee and Volunteer Expense Reimbursements (hint: learn to do it right and not over do it)
- Disqualified Persons & Conflict of Interests (hint: O.K., are you getting the message?)
- Employee Hiring, Evaluation, Discipline and Terminations
- Employee Manuals
- Employee vs. Independent Contractor Rules
- Employment and Severance Agreements
- Background Investigations
- ADA, COBRA and Employee Benefits
- FMLA, FLSA and OSHA
- Gifts to Employees and Taxation
- Sexual Harassment Policy
- Workplace Substance Abuse Prevention
- Unrelated Business Income Tax
- State & Federal Taxation
- Fundraising & Charitable Solicitation
- Gifts & Contributions
- Scholarship & Research Gift Programs
- Trademark, Copyright & the Fair Use Doctrine
- Records Retention Guidelines
- Nonprofit Lobbying and Political Activity
- Nonprofit Disclosure Rules Protecting, Exploiting, and Licensing an Intellectual Property Portfolio
Stay with me as we examine these issues in future posts.
January 19, 2007
I'm Starting A Church. What Should I Focus On?
Now, I'm not saying you shouldn't incorporate a church or secure 501c3 tax exemption by filing Form 1023 with the IRS. Many church leaders find advantages in doing so. What I am saying is that those tasks are by no means the most important aspects of starting a church. In fact, focusing on incorporation and tax exemption is no different than what generic nonprofits do. It's also what other types of religious organizations, including "fringe" religions focus on.
That's not what it means to start a church. A church does not start upon incorporation or securing recognition of tax exemption. A church starts when two or more come together in reverent prayer and worship of Lord Jesus Christ. It is possible to have a church long before a church corporation is formed. In fact, churches are not required to incorporate or secure federal tax exemption. They can form as unincorporated associations and federal tax exemption is automatic.
When starting a church, or even when deciding to move forward with a church or ministry you've been working hard to build for some time, the most important things to focus on are the issues that are UNIQUE to Christian churches. How can you feel confident about focusing on advancing the gospel and taking care of God's people without addressing the issues that can derail those efforts?
The truth is that incorporation and tax exemption are no help in leading people to spiritually and emotionally invest themselves and their families in a ministry. They don't help the flock feel support, encouragement, and protection. And they don't help ministry personnel and other church leaders feel confident about the long-term prospects of their ministry.
So what should you focus on? What are the uniquely church-related aspects that are most important to address? Obviously, it starts with the Word of God. Now, I understand that in any group of otherwise good, honest, reasonable and god-fearing people, many can get a completely different message after reading the same passage that everyone else reads. But remember, God will not hold us accountable for someone else's interpretation of scripture. He'll hold us accountable for how we lived them out ourselves.
So read the Word and ask yourself: What does God say about ministers and ordination? What does God say about authority in the church? What does God say about the authority of church members? What does God say about the kind of activities we are contemplating? What does God say about children? Missions? Evangelism? The poor?
Of course, not everything is spelled out for us in the Word. You may conclude that the bible is silent on certain issues. That's fine. You have freedom in Christ. Choose a direction based on general Christian principles. Make a list of the major religious tenets you feel compelled to focus on. Decide on the activities you will pursue as a church. Please understand, this does not mean that the bible boils down to those few statements, beliefs, or activities. It's simply what you will concentrate on for now. It can change later. Here are some things to think about.
Are ministers to be ordained? What should their qualifications be? How will new ministers be raised up? Will the church have full-time paid workers in the pastoral ministry, or only volunteers? Is the minister subject to the oversight and decision-making of an eldership group, or will the minister have decision-making authority over everything? Is it a good idea to sign a church-minister contract? If so, how should we go about it?
What are the standards of conduct for ministers, staff, volunteers and church members? What can members be expelled for? What can ministers be fired for? Do we even have an adequate mechanism in place to deal with ministry personnel issues? What can we pay our ministers? How do we decide that? What must someone do to become a church member? Or can anyone be a member simply by attending? Is baptism a requirement for membership? What else must a member know before placing membership in the congregation?
What will the church's official list of activities consist of? Besides weekend worship, will there be a mid-week service? What about bible studies? Will we have house church services? Will we have a structured children's program? How can we make sure that our children are protected from potential abuse? Do any of our contemplated activities consist of unreasonable or uncommon risk?
Address the issues of legal and religious, or ecclesiastical, authority in the church. What does the bible teach about how authority should flow? Is it best for the church to be governed by majority rule of the general membership? Or, should ministry personnel, such as an eldership group, have the final say on almost any matter? This is an important consideration because whatever you fail to decide up front, a secular court may eventually do for you. And that would not be good.
There are so many other things to focus on when starting a church. But remember, the point is that you must think them through and make some decisions about what you believe God is leading you to do. Then, you must decide what and how to either document or communicate your beliefs and expectations to the flock. It will do you no good to think things through but fail to clearly communicate them to church members. This is one of the most effective ways to avoid the kind of problems in the future that can derail a thriving ministry. This is what church law experts call the "contract" between a church and its members.
Your most important governing document is the church constitution. I should consist of the most important biblical concepts and direction you think is necessary to communicate to church members. But more importantly, it helps you come together as a community of believers and church leaders in agreement on what your mutual commitments and ministry will be and do. If you don't think it through, openly discuss it, and come to full agreement on… long before you incorporate and file tax forms, then it's an area that's ripe for dispute.
So focus on that first. And if you decide to incorporate and file tax forms later, your hard work on the front end will make those business tasks a smooth process, almost like an afterthought.





















