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Protecting Your Ministry

Protecting Your 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

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Protecting Your Ministry

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  1. ProtectingYour Ministry March 10, 2012 Scott Himsel

  2. Background • My Methodist Background • Wabash & Northwestern • Lawyer 21 years • Wide Variety Church Legal Work • Church Litigation • Advice and Counsel

  3. Goal: Education Not Fear • Churches Frequently Sued • But Can Reduce Risks • An Ounce Prevention … • Common Sense

  4. The “Big Three” 1. Sexual Misconduct 2. Personal Injury 3. Personnel

  5. 1. Sexual Misconduct • Not Just Churches • But Particular Concern for Churches • Impact on Victim • Impact on Ministry • Society Not Tolerate • My Experience as Counsel

  6. Realities • Need Privacy • Windowless Shed • Victims Reluctant Report • Young and Scared • Got To Be Proactive • Prevention and Follow Through

  7. Top Goal: Eliminate Privacy • THE “BILLY GRAHAM” RULE • The Presence of Others

  8. Application • Your Space • “Two Adult Rule” • Transportation/Trips • Talk About It • Zero Tolerance

  9. 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

  10. 2. Personal Injury • Prevention • Insurance • Accidents

  11. Prevention—Building & Grounds • Law: Reasonable Not Clairvoyant • Risky Areas? • Snow and Ice • Steps and Stairwells • Parking Lots • Others?

  12. Prevention—Building and Grounds • Hire Good Janitor/Engineer • Experienced Trustees • Scheduled Maintenance Cheaper Than Deferred Maintenance

  13. 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?

  14. 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

  15. Prevention—Incorporation • Be Incorporated • –There’s A Kit • Why It Matters So Much • Stay Incorporated • Meetings and Reports • Records • Insurance

  16. Prevention—Others • Don’t Forget “The Others” • Growing Source Liability • Steps • Their Insurance • Church as Primary “Additional Insured” • Indemnification

  17. 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!

  18. Stay Insured • Duty to Report • Not Just Claims • Situations Could Give Rise Claims • When In Doubt, Call!

  19. Using Insurance Well • Walk Through The Building • Maintenance Plan • Let Them Handle Accidents! • Communication With Victims • Documentation • Never Throw Away A Policy!

  20. When Accidents Happen • Your Preparation Will Pay Off • First Aid and Follow Your Plan • Notify Your Carrier • Let Your Insurer Handle It

  21. 3. Personnel—Good Hiring • Background checks • Checking references • Cross Examine the resume • Applications that warn

  22. Good Evaluating • “Being Nice” and Avoiding Employment Discrimination Claims • Candid and honest evaluating • Document, document, document • Improvement Plans

  23. Avoiding Fraud • Like Avoiding Sexual Misconduct, Seek Reduce Possibility of Crime • Two Signatures • Annual Audit • Term Limits Treasurer • Engaged Pastor

  24. 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!

  25. Employee Handbook • Many Other Employment Issues • Wage and Hour • FMLA • Anti-Harassment • Adopt Conference’s Handbook

  26. Thank You! • Admire Work You Do • Liabilities Not Most Pleasant Part Job • Hope Provided Some Focus and Some Practical Steps

  27. Scott D. Himsel +1-317-237-1252scott.himsel@FaegreBD.com Faegre Baker Daniels 300 N. Meridian Street, Suite 2700Indianapolis, Indiana 46204-1750

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