1 / 27

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

livvy
Download Presentation

Protecting Your Ministry

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related