1. Operations 104 Legal Issues, Class 10

2. Remember The information in today’s webinar is intended for educational/informational purposes only and should not be construed as legal or tax advice. Please consult with a competent legal or tax advisor if any of the topics addressed today warrant policy or action by you or your organization.

3. Guest Lecturer Jon received both his undergraduate and law degree from UCLA, making him a double Bruin. During college, he was involved for several years with Campus Crusade for Christ in various leadership roles. Jon joined a large firm and practiced law with a focus in real estate, financial services and commercial litigation. Sensing a call from God into vocational ministry, in 2013 Jon became the Assistant Executive Pastor at EvFree Fullerton.

4. Class 10—Legal Issues This class will feature selected issues, both determined by the professor and submitted by the students.

5. MAIN CONSIDERATIONS

6. Supervision of Staff & Volunteers  Only release minors to the parent or someone previously authorized in writing to receive custody.  Keep a sufficient ratio of adults to minors at every church activity, especially camps and trips.  Have regular training times for adults working with minors.  Adopt a policy that no minor is ever allowed to be alone with an adult at a church activity.  Increase supervision following incidents or reported incidents.

7. Selection of Church Workers  Use a written application with job history, references, and prior criminal convictions.  Contact references and conduct a background check. Document your process.  Ask background questions during interview.  Avoid second chances for clear misconduct.  For volunteers, limit involvement with minors to only members in good standing for six to nine months. This will mitigate those looking for an immediate victim.

8. Counseling Programs  Distribute in writing to all counselees that counselors are offering only spiritual counseling based on their understanding of the Bible, and are not engaged in the practice of psychology, professional counseling, or psychotherapy.  Be aware of child abuse reporting standards under your state’s law.  No opposite-sex counseling unless a third person is present.  Limit counseling sessions in number and duration.  Unlicensed counselors should refer to a professional counselor when appropriate.

9. Copyright Issues  Distribution of photocopies of books and resources.  Ownership of the sermons.  Live broadcasting on the internet.

10. QUESTIONS FROM STUDENTS

11. Childcare for Home Groups? In our church we have many groups that meet off site in homes. For many of these groups we provide childcare. What are the legal boundaries that we should remain within in those homes? (background checks, ratio of students per adult, etc.) What is the church liability should anything happen in those homes?

12. Tithing? Can our church require staff to tithe? Can that be written in the employee manual?

13. Separation of 501c(3)? Our church founded a non-profit organization to benefit our community. It has a separate EIN. Our church supports this other organization heavily but the hope is for it to be a community supported organization. Several of the board members are the same for both entities. I have been involved in the finances of both entities. What are the legal responsibilities to separate these organizations? Should we have a certain percentage of board/staff that is not crossing between organizations? Should I be handling the finances for both entities?

14. Incorporation? Our church elders incorporated the church with the state. How does that protect us?

15. Can I Be Sued? How is the church or individuals (pastors, elders or volunteers) liable if we are sued for emotional or physical issues by those we serve?

16. Kids on the 4 th floor? What kind of liability/risk exposure do we have by having our kids ministry on the 4 th floor of a building?

17. Vans & Busses? We are in the market for purchasing our very first MFSAB (multi- function-school-activity-bus). But it would require CDL licenses for all drivers. The question has come up, can we just get a couple of seven passenger mini vans to transport students to activities. Would using these smaller, family-sized, minivans be permissible without CDL (commercial drivers license) licensing?

18. Same Sex Issues?  If a homosexual or transgendered individual came into our church and requested the use of the opposite sex facilities, would we be at legal risk if we did not allow them to do so and an explicit policy was not in our bylaws?  Additionally, same question for a homosexual couple wanting to use our facilities for a wedding?

19. Q & A Send Questions via Chat