270 likes | 370 Vues
Learn essential strategies to safeguard your church ministry and reduce risks. Discover practical tips for preventing sexual misconduct, personal injuries, and personnel issues. Get expert advice on background checks, insurance, and good hiring practices to protect your church community.
E N D
ProtectingYour Ministry March 10, 2012 Scott Himsel
Background • My Methodist Background • Wabash & Northwestern • Lawyer 21 years • Wide Variety Church Legal Work • Church Litigation • Advice and Counsel
Goal: Education Not Fear • Churches Frequently Sued • But Can Reduce Risks • An Ounce Prevention … • Common Sense
The “Big Three” 1. Sexual Misconduct 2. Personal Injury 3. Personnel
1. Sexual Misconduct • Not Just Churches • But Particular Concern for Churches • Impact on Victim • Impact on Ministry • Society Not Tolerate • My Experience as Counsel
Realities • Need Privacy • Windowless Shed • Victims Reluctant Report • Young and Scared • Got To Be Proactive • Prevention and Follow Through
Top Goal: Eliminate Privacy • THE “BILLY GRAHAM” RULE • The Presence of Others
Application • Your Space • “Two Adult Rule” • Transportation/Trips • Talk About It • Zero Tolerance
Employees • ALL Background Checked • “Interrogate the Resume!” • Red Flags—Gaps, Moves • Check References Each Stage • Watch Tips Icebergs—Gifts, Time Together Outside Church, Sitting Lap, Touching • HR Professional on Trustees
2. Personal Injury • Prevention • Insurance • Accidents
Prevention—Building & Grounds • Law: Reasonable Not Clairvoyant • Risky Areas? • Snow and Ice • Steps and Stairwells • Parking Lots • Others?
Prevention—Building and Grounds • Hire Good Janitor/Engineer • Experienced Trustees • Scheduled Maintenance Cheaper Than Deferred Maintenance
Prevention—Plan In Advance • Example 1: Man Suddenly Slumps Over In Choir Loft During Service • Example 2: Parking Lot Slip-and-Fall Christmas Eve • Example 3: Tornado Siren During Confirmation. • What Will You Do?
Prevention—Plan in Advance • Saves Time (and Lives) • First Aid is First: EMTs in Congregation? Which Hospital? • Who’s In Charge? • Storm and Evacuation • Updating The Plan
Prevention—Incorporation • Be Incorporated • –There’s A Kit • Why It Matters So Much • Stay Incorporated • Meetings and Reports • Records • Insurance
Prevention—Others • Don’t Forget “The Others” • Growing Source Liability • Steps • Their Insurance • Church as Primary “Additional Insured” • Indemnification
Insurance • Can’t Prevent All Accidents • What Does Insurance Cover? • Accidents/Casualties • What Does Insurance Not Cover? • Deferred Maintenance • Intentional Acts • Insure with the Conference!
Stay Insured • Duty to Report • Not Just Claims • Situations Could Give Rise Claims • When In Doubt, Call!
Using Insurance Well • Walk Through The Building • Maintenance Plan • Let Them Handle Accidents! • Communication With Victims • Documentation • Never Throw Away A Policy!
When Accidents Happen • Your Preparation Will Pay Off • First Aid and Follow Your Plan • Notify Your Carrier • Let Your Insurer Handle It
3. Personnel—Good Hiring • Background checks • Checking references • Cross Examine the resume • Applications that warn
Good Evaluating • “Being Nice” and Avoiding Employment Discrimination Claims • Candid and honest evaluating • Document, document, document • Improvement Plans
Avoiding Fraud • Like Avoiding Sexual Misconduct, Seek Reduce Possibility of Crime • Two Signatures • Annual Audit • Term Limits Treasurer • Engaged Pastor
Internet Abuse • Adopt Conference Policy • It’s Church’s System • No Expectation Privacy • No Pornography, Gambling • Can Terminate You • Screens Where Others Can See Them!
Employee Handbook • Many Other Employment Issues • Wage and Hour • FMLA • Anti-Harassment • Adopt Conference’s Handbook
Thank You! • Admire Work You Do • Liabilities Not Most Pleasant Part Job • Hope Provided Some Focus and Some Practical Steps
Scott D. Himsel +1-317-237-1252scott.himsel@FaegreBD.com Faegre Baker Daniels 300 N. Meridian Street, Suite 2700Indianapolis, Indiana 46204-1750