Every week, your church preaches and teaches about the nature of grace, the need for forgiveness of sin, to treat one another with love, and many other similar biblical concepts. The church positions itself as a place that models those concepts.  However, putting those ideas into real-world practice is often easier said than done.  In particular, many churches struggle with dealing with known criminals, especially registered or convicted sex offenders, who come to church services and intermingle with the church’s congregation, attend classes, and seek to volunteer.

We know of many churches that have been faced with this issue and there have been a range of responses.  Some churches have taken a strict, no-tolerance view and will not allow sexual offenders to come onto church property or become members.  At the other end of the spectrum, many churches appear to have not thought about the issue and do not have any policies or procedures regarding registered or convicted sex offenders or criminals.

Some middle-ground approaches allow sex offenders to come to church, and perhaps even participate in events, so long as the individual has agreed to follow the church’s adopted policies and procedures. Examples of guidelines that have been adopted by churches include one or more of the following:

• Require known registered or convicted sex offenders to submit an updated, comprehensive background investigation to verify the nature and number of any prior convictions;
• Create a special application questionnaire to learn more about the person beyond his or her criminal background, such as personal references, job history and stability, whether the person appears to be in a stable family and work environment, or whether there are any psychological counseling or drug therapies the person may be involved in;
• Create a special committee or appoint a specific church official to review pending membership or visitor applications and determine what restrictions, if any, to place on the person;
• Segregate such person into special worship services, classes, or study groups where they are not interacting with the rest of the congregation;
• Appoint a mentor or sponsor to help the person get acclimated to the church and/or to follow them around;
• Place restrictions on the person’s membership activities, such as not allowing them into areas where children or youth congregate, the use of certain bathrooms only, attendance of certain Sunday School classes only, or allowing them to walk from the parking lot to the sanctuary and back only;
• Put the person on a probationary membership where they are severely restricted in their church activities, but those restrictions are loosened after various milestones are reached over a period of time;
• Not allow the person to volunteer for certain church missions or programs;
• Have the person agree, in writing, that church officials may notify any and all persons that the church deems necessary of the person’s background;
• Require the person to meet with a designated committee of church official on a scheduled basis to assess the person’s state of mind and/or compliance with guidelines as set out by the church; and
• Have the person agree to a Code of Conduct that might include apologizing to prior victims and agreeing to follow certain Christian standards of living.

There is no easy or quick answer to this issue and the church will have to decide where it stands.  When the church adopts its policies and procedures, it will need to make sure that they are closely followed, and the church should review their effectiveness from time to time.  With proper planning, every church should be able to mold a solution that accommodates all concerns and desires, that allows for effective ministry, and that honors God.

The Church Law Group wants to hear from you!  What are your thoughts on allowing registered sex offenders to attend your church?

Children's Ministry, Church Security, Uncategorized child abuse, children, church, Church Law Group, criminals, guidelines, policies, risk management, screening program, sex offenders, threat, volunteer

The IRS wants to know if your organization is practicing “good governance,” so it recently released its new Governance Check Sheet that its agents will use to gather information about the governance practices of nonprofit organizations, including churches and ministries.   The release of the Governance Check Sheet is helpful to public charities because it gives nonprofit organizations a better idea of what the IRS is thinking and what the IRS considers “good governance.”  This, in turn, will help your organization make important governance decisions and implement important policies and procedures.  Specifically, in the Governance Check Sheet the IRS examines the following issues:

1)  Governing Body and Management: 

• Does the organization have a written mission statement that articulates its exempt purpose?
• Do the bylaws of the organization include information about who has the right to vote, qualifications, etc?

2)  Compensation:

• Does an authorized independent body establish compensation procedures, in advance, for all high level employees?
• Is comparability data used to determine compensation?

3)  Organizational Control:

• Are related family members serving on the Board of Directors?
• Do any directors have business relationships with other directors, officers, or key employees?

4)  Conflicts of Interest:

• Does the organization have a written conflict-of-interest policy?
• Is the policy followed?

5)  Financial Oversight:

• What type of policies and procedures are in place to ensure assets are properly used for exempt purposes?
• How often are financial reports provided to the organization’s Board of Directors?
• Is the Form 990 (if applicable) reviewed by the entire Board of Directors prior to submission?

6)  Document Retention:

• Does the organization have (and follow) a policy for document retention and destruction?
• Does the Board of Directors contemporaneously document its meetings (i.e. minutes) and retain such documentation?

Some have wondered why the IRS is becoming involved in corporate governance issues when its role is really to ensure tax compliance.  However, it appears as though the IRS is reviewing the governance practices of charities to determine the connection between a charity’s tax compliance and corporate governance practices.  The thought is that the better governance procedures that an organization has in place, the more likely that the organization is also going to comply with all applicable tax rules and standards for exempt organizations.

Here at the Church Law Group, we strongly recommend making sure that your organization’s governance documents–including articles of incorporation, bylaws, and other basic policies and procedures–are compliant with state and federal laws, as well as with the current standards for tax-exempt organizations.  Determining the effectiveness of your organization’s governance practices will help ensure the long term success and viability of your organization.  Remember, as Benjamin Franklin stated so long ago, “an ounce of prevention is worth a pound of cure.”  Contact us today at 972-444-8777 to learn more about how the Church Law Group can help you evaluate the effectiveness of your organization’s governance procedures.

Governance 990, board minutes, board of directors, charities, church, Church Law Group, compensation, document retention, Governance, guidelines, IRS, policies, religious organization, tax law, Tax-exemption

There is considerable confusion among church employees and leaders on how to avoid committing copyright infringement.  Churches and other religious organizations can avoid copyright infringement liability by implementing policies that ensure copyright compliance.

One of the simplest ways to avoid copyright infringement is for a church to obtain a “blanket license” for the use of copyrighted materials.  The church will pay an annual fee for a blanket license, and such license will allow a church to use copyrighted materials—such as lyrics, printed music, audio and videos—for the term of the license. 

For example, a church could obtain a licensing agreement from an organization such as Christian Copyright Licensing, Inc. (CCLI).  A church that obtains a Church Copyright License from CCLI enters into a contractual agreement with songwriters and publishers.  By paying CCLI an annual license fee, a church receives legal authorization to copy from over 200,000 songs for congregational use.  Churches can obtain similar blanket licenses from other organizations such as:

• American Society of Composers, Authors, and Publishers (ASCAP)
• Broadcast Music Inc. (BMI)
• Christian Video Licensing International (CVLI)
• Society of European Stage Authors and Composers (SESAC)

Once a license is obtained, churches must act in compliance with the terms of their contract with the licensing authority.  For instance, some licensing organizations require that the church include copyright information on all songs reproduced under the license.  This means that the church would responsible for including the song title, writer credit(s), copyright notice, and your church’s license number on the bulletin, song-sheet, or computer projection.  In order to avoid liability, always remember to abide by the terms of your contract!

Statutory damages in cases of infringement can range from $500 to $20,000 or more per violation–and the recording industry IS watching, as exemplified recently when a woman was charged $1.9 million dollars for illegally downloading music.  (See here for full article.)

The Church Law Group has released a Guide to Intellectual Property (with forms) that is now available for purchase.  Email churchlawgroup@amlawteam.com or call 972-444-8777 if you have any questions about intellectual property matters or are interested in the Church Law Group Guide to Intellectual Property.

Intellectual Property Christian Copyright Licensing, church, Church Law Group, copyright infringement, copyright law, Inc., Intellectual Property, liability, license, policies, religious organization, songs

Following the Supreme Court of California’s decision this past week to uphold the validity of approximately 18,000 same-sex “marriages” from prior to the passage of Prop. 8, churches from around the country have been asking us what they can do to protect themselves from being embarrassed in their community or in the media should they choose, as a result of biblical conviction, not to perform ministerial services for or to employ homosexuals.

Does your church have firm legal footing to deny a “legally” married gay couple church membership, to say no to performing a gay marriage, to say no to performing a funeral service celebrating an openly gay lifestyle, or to terminate the employment of a church employee who begins living an openly homosexual or otherwise biblically immoral lifestyle?

Besides facing costly litigation, churches holding a traditional view of marriage can and have been confronted with hostile treatment in local and national media related to actions taken for religious convictions.  The potential problems for churches are multiplied where church leadership is caught unprepared in bylaws, employment initiation paperwork, job descriptions, policies, and other fundamental documents.

Churches holding a traditional view of marriage are increasingly under attack, and “gay marriage” advocates are not resting.  Governor of California Arnold Schwarzenegger appearing on “The Tonight Show” on Tuesday commented about the California Supreme Court’s decision to uphold California’s constitutional amendment protecting marriage:  “[T]his is not over, this decision, because I think . . . in a year or two they will be back again with another initiative trying to get it. . . .  Eventually it’s going to be overturned, I’m sure of that.”

Gay marriage advocates now publicize that gay marriage is legal in Connecticut, Washington D.C., Maine, Iowa, Vermont, Massachusetts, and soon in New Hampshire and New York.  New Jersey, Washington, and Oregon have civil unions or domestic partnership laws on the books.  And the District of Columbia, for example, recognizes marriages legally performed in other states.  Churches that hold firm to the traditional view of marriage must be prepared in case a couple legally married elsewhere visits with the wrong motives-to change the church rather than to be changed by the Gospel.

If your pastor and your congregation come under fire legally and in the media for taking an action based upon your church’s biblical convictions, it will be crucial to have your legal ducks in a row.  Updating your legal protections does not help after a problem has already come to light.  But having the right legal language in place in your bylaws, employment policies, policies and procedure related to permissible use of church facilities, contracts, and other important documents will help your church properly steward its resources, present an accurate witness to the public about its beliefs, and help protect against legal assaults.

It is important to remember that at the Church Law Group we serve all of our clients, and we will work to preserve and protect everyone’s rights to religious freedom, irrespective of how you feel about this particular issue.

Uncategorized Bible, biblical convictions, bylaws, California, church, Church Law Group, employment, homosexuality, legal protection, marriage, policies, procedures, Prop. 8, religious freedom

Many church administrations—regardless of church size—are hesitant to adopt or enforce screening policies for individuals who want to volunteer at the church.  Why do you think such hesitancy exists?  For instance, when asked, some church employees contend that it is merely a pragmatic issue; that is, screening is simply cost-prohibitive.  Others would say that there are already too few volunteers and the church does not wish to deter those individuals who are actually willing to volunteer.  Have you encountered resistance in your church to implement screening policies for potential volunteers?

Children's Ministry, Uncategorized administration, children, church, ministry, policies, screen, volunteer