CLG Podcast 2009 with Dino Rizzo
June 9th, 2010
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Dino Rizzo joins us to discuss Servolution and the amazing things that are happening at Healing Place Church in Baton Rouge, Louisiana.
Archive
Posts Tagged ‘David Middlebrook’
S.T.O.P. Child Abuse in Your Church Now
March 26th, 2010
April 1st marks the beginning of National Child Abuse Prevention Month. Help raise awareness among your church staff and volunteers on how to keep S.T.O.P. child abuse now!
S.T.O.P. is a program that has been developed by David Middlebrook in his work with churches, many of which do not have an effective program to safeguard the children in their care. S.T.O.P. is a simple, yet effectual, tool that can be implemented by any church, regardless of the size. This program will allow a church to take the necessary steps in protecting its childcare program from infiltration by child molesters, as well as knowing how to respond should the unthinkable occur.
S.T.O.P. stands for:
SCREEN: Screening all employees and volunteers so that you may weed out any persons who are potential predators or who may raise a “red flag” in terms of their suitability to work with children.
TRAIN: Training all employees and volunteers in how to recognize signs of abuse, avoid incidents of abuse, and report abuse.
OPERATE: Learning how to operate with safety and efficiency is crucial for any childcare facility.
PLAN: Churches should integrate a response plan into their church system before any allegation of abuse occurs.
David Middlebrook’s S.T.O.P program can be found in more detail in The Guardian System. This award-winning book has recently been re-released in a convenient electronic version that is now available for purchase. Email churchlawgroup@amlawteam.com or call 972-444-8777 if you have any questions about preventing or reporting child abuse, or if you are interested in the purchasing your copy of The Guardian System.
Clergy Housing Allowance – Church Law
October 13th, 2009
Entitlement to a clergy housing allowance is not as straightforward as is often imagined. Right now, religious nonprofit organizations are under heavy assault by the IRS, so a conservative approach is warranted.
The Internal Revenue Code allows a tax-free housing benefit for a “minister of the gospel” in two situations. First, the employer can allow the minister to live rent-free in a home (parsonage) owned by the church. The minister can exclude this benefit from gross income up to the home’s fair rental value. The value of the parsonage must be clearly distinguished from other compensation, and includes items such as furniture, insurance, utilities, and taxes. Second, if a parsonage is not provided to the minister, a nontaxable housing allowance can be provided so that the minister can rent or buy a home. This is the option used most frequently. It provides ministers with the freedom to choose their preferred type of housing. The allowance covers items such as mortgage payments (principal and interest), insurance, repairs, utilities, and other expenses to keep the home in working order.
Although the term “minister” is not defined in the Internal Revenue Code, the IRS and courts have specified five factors that should be used to identify a minister. The factors include:
- Performing sacerdotal functions (i.e. weddings and funerals, etc.);
- Conducting worship services;
- Controlling or maintaining the organization;
- Considered a spirtual leader; and
- Ordained, licensed, or commissioned.
Only the last factor is required in all cases: the individual must be ordained, licensed, or commissioned. Although it is clear from existing caselaw that the remaining four factors need not all be present for a person to be considered a minister for tax reporting, it is unclear how many of the remaining four factors must be met.
It is not uncommon for an employee’s job duties to include both ministerial and nonministerial functions. However, if more than 50% of an employee’s time is devoted to nonministry (i.e. secular) duties, the church will be put in a tenuous position if it grants a housing allowance to the employee. Many churches think it seems unfair to exclude employees from the benefits of a housing allowance if part of their job involves performing the typical duties of a minister. However, the church cannot ignore the fact that if most of the employee’s duties are secular, in the eyes of a court they will fail to meet the definition of a minister.
The Church Law Group has released a Guide to Executive Compensation (with forms) that is now available for purchase. Email churchlawgroup@amlawteam.com or call 972-444-8777 if you have any questions about clergy housing allowances or are interested in the Church Law Group Guide to Executive Compensation.
You can also visit us on You Tube to hear David Middlebrook speak about some important information on housing allowances!!!
Copyright, Copywrong: An Introduction for Churches
May 19th, 2009
Think twice before singing that new worship song next Sunday or before using that movie clip as an illustration in your sermon. Believe it or not, even with the very best of intentions, courts have found churches financially liable for using the works of another person without permission.
Copyright is an important concept for all churches and ministries to understand in order to protect themselves, both against infringing on the rights of others and on having their own rights infringed upon. With the incredible creativity that has been flowing out of Christian ministry in the last decade, it is probable that many churches will create their own copyrightable works, and those works should be afforded every legal protection…
Click here to read the rest of the recent article written by David Middlebrook. You can also visit www.churchlawgroup.com for more information regarding intellectual property concerns affecting today’s churches and ministries.
Screening Program for Church Workers
April 14th, 2009
A screening program should be viewed as a preventative devise designed to filter and reveal valuable information, such as if a candidate has a criminal history for violent acts. Screening should take place BEFORE a person is employed or serving as a volunteer. There should be no exceptions to this rule—ALL workers at your church, paid or volunteer, must go through an appropriate screening process. The following are the core elements of an effective screening program:
1. Create written job descriptions
Detailed job descriptions should be prepared for each paid and volunteer position. Job descriptions should include:
• Job title
• Specific duties and responsibilities
• Necessary qualifications
• Time commitment required
• Skills and gifts needed
• Necessary training for position
• Whether position involves primary or secondary access to children
2. Create written applications
A properly drafted employment and volunteer application permits the church to gather important information about applicants, including prior work history, volunteer history, and personal references. It allows the church to verify information from detached, unbiased outside sources and gives the church authorization to conduct a criminal background check.
3. Classify volunteers
Church Volunteer Level 1 (V1)—workers with primary access to children, such as teachers, parent volunteers, teen volunteers, superintendants and children’s ministry directors
Church Volunteer Level 2 (V2)—workers with secondary access to children, such as secretaries, support staff, janitorial services, and so forth
4. Secure completed application
It is critical to make sure that each application is completely filled out with no missing information. ANY irregularities in an applicant’s information should be flagged immediately and addressed. Regardless of how insignificant the irregular information may seem, it should be noted and then investigated.
5. Conduct in-person interviews
In-person interviews help to fill in any missing information about the candidate and verifies, in person, all the given data. This interview is very important because it is your opportunity to carefully scrutinize the applicant.
6. Obtain reference checks
Asking for references means the church actually calls or writes the persons listed as references and records the information given. This permits you to contact his or her former pastors, employers, schools, and friends to verify that the information contained in the application is true and correct.
7. Complete criminal background and records check
The most preferable option for your church is to hire a professional background screening company that has the experience and capability to conduct searches on a local and nationwide basis.
By following these steps, the church is showing that it exercised due diligence in researching the applicant’s background. While, no screening program can insure 100% effectiveness, it can greatly reduce the risk of an occurrence of abuse or violence at your church.
All of these steps and more can be found in The Guardian System, a comprehensive program designed to prevent occurences of child abuse in churches. The Guardian System (2nd edition), written by David Middlebrook, can now be purchased for a discounted price of $29.99 hard copy or $19.99 PDF download by emailing the Church Law Group at churchlawgroup@amlawteam.com or calling 972-444-8777.