Church Records 101 Before you can maintain them, you have to know what they are. Richard Hammar
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Your church possesses the following documents that qualify as "church records."
1) Articles of Incorporation. If your church is incorporated, the document that you submitted to the secretary of state to become incorporated is known as the Articles of Incorporation (also known as a charter). It is a short document that contains the church's name, address, period of duration, initial board of directors, ...
Keeping Secrets Your church must be careful with the confidential information it controls. Richard Hammar
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Some documents and records that churches maintain are private. Examples of confidential information include:
• Members' contributions records.
• Counseling notes taken by a pastor or church counselor.
• References you obtain when screening youth workers.
• Minutes of board meetings at which sensitive issues are discussed.
A church faces possible legal liability if it permits disclosure ...
For Whose Eyes Only? There are legitimate reasons for your church to reveal its private documents. Richard Hammar
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Church members have no inherent right to inspect church records. Such a right must be granted by some statute or legal document. Here are four ways that this can occur.
State Nonprofit Corporation Law
If a church is incorporated, then your state nonprofit corporation law may permit members to inspect records in some situations.
The Model Nonprofit Corporation Act, which has been adopted in most states, ...
Which Records to Retain Set rules for retaining or discarding church documents. Richard Hammar
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Church staff members need a records-retention policy based on legal considerations and your church's needs. Making this policy systematic and rational will lighten your church administrator's workload.
Here are some guidelines for developing your church's records retention policy:
• Keep in mind that there are many reasons to keep church records. These include legal requirements under state or ...
Counseling Risks 101 Offering counsel is a valuable ministry, but it doesn’t come without its dangers. Richard Hammar
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Your church takes on risk in the following categories when it offers counseling services:
Negligent Counseling (Malpractice)
"Malpractice" is generally defined as a failure to exercise an accepted degree of skill in the performance of professional duties that results in injury to another person. Although many courts have rejected these claims against pastors, some have found them guilty of malpractice ...
An Illinois court ruled that a woman who was sexually seduced by the pastor during marriage counseling could sue the pastor, a deacon, and the church.
Anatomy of a Lawsuit
The woman and her husband claimed that during the course of marital counseling the pastor initiated and continued a sexual relationship with the woman, thereby aggravating the problems in her marriage, alienating them from their church ...
Assess Your Risk Determine how serious the risks of your counseling ministry are to your church. Richard Hammar
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These questions apply to all paid and volunteer counselors in your church. Respond to each with either a yes or a no.
Points to Remember
Church policies can reduce risk of charges of sexual misconduct by establishing limits on when, where, for how long, under what conditions, and with whom counseling can occur.
Church counselors are criminally and civilly liable to report child abuse in many states.
As much as we would like to deny it, private counseling sessions involving dependent or emotionally vulnerable persons can present unique and formidable temptations. If inappropriate actions or relationships are initiated, there can be substantial damage to the victim and the victim's family. Such behavior often devastates the counselor as well—leading to criminal charges, loss of professional ...
For the counseling your church offers, clear policies offer much protection.
Create a brochure. Especially if your church uses unlicensed lay counselors, this should be a statement that communicates clearly to each counselee that the church considers counseling to be an essential aspect of its ministry, and that it takes the following legal considerations:
The counselors are engaged solely in spiritual counseling based on their understanding of the Bible, and they are not engaged in the practice of psychology, professional counseling, or psychotherapy.
Employment Status 101 What concrete difference does it make if you’re an employee or self-employed? Richard Hammar
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There are two ways for a minister to report federal income taxes: as an employee or self-employed. How should a minister report?
Most clergy should report their federal income taxes as employees, because they will be considered employees under the tests currently used by the IRS and the courts (for more on this, read the article "20 Questions"). Moreover, most clergy will be better off reporting as ...
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