cogic church administration module 10 module 10 the administrative factor: small things that make a...

COGICCOGICChurch AdministrationChurch Administration

Module 10Module 10 The Administrative Factor: The Administrative Factor: Small Things that Make a Big Small Things that Make a Big

DifferenceDifference

Legal Things That Make a Legal Things That Make a Big DifferenceBig Difference

Legal Things That Make a Big Legal Things That Make a Big DifferenceDifference

As administrative leaders, your role can literally As administrative leaders, your role can literally make a difference between success and disaster for make a difference between success and disaster for a church or parachurch ministry:a church or parachurch ministry:

– Each year, many church and parachurch leaders Each year, many church and parachurch leaders get into legal problems because they miss the get into legal problems because they miss the details about law – the “small things.”details about law – the “small things.”

– Visionary leaders are not wired to think about Visionary leaders are not wired to think about the small details of ministry – they must be the small details of ministry – they must be surrounded by people who are gifted and called surrounded by people who are gifted and called to deal with the “small stuff” before the small to deal with the “small stuff” before the small stuff creates big problems!stuff creates big problems!

– Each year, neglect of the small stuff results in Each year, neglect of the small stuff results in civil and criminal actions against churches, civil and criminal actions against churches, parachurch ministries, and their leadership, parachurch ministries, and their leadership, costing much in terms of legal fees, damage to costing much in terms of legal fees, damage to reputation, ministry effectiveness and even jail reputation, ministry effectiveness and even jail timetime

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Legal Things That Make a Big Legal Things That Make a Big Difference: Common LiabilitiesDifference: Common Liabilities

A A liabilityliability is a risk that one encounters. The degree is a risk that one encounters. The degree of risk is reduced if I understand the risk, AND I of risk is reduced if I understand the risk, AND I take reasonable actions to minimize or eliminate take reasonable actions to minimize or eliminate the risk. the risk.

A common fallacy is that all risks are “acts of God” A common fallacy is that all risks are “acts of God” or “in God’s hands.” While we have no control over or “in God’s hands.” While we have no control over some risks, it is rare that we have no control at all some risks, it is rare that we have no control at all over a risk, as far as its reduction or elimination. over a risk, as far as its reduction or elimination. God’s sovereignty cannot be used as an excuse for God’s sovereignty cannot be used as an excuse for a lack of risk assessment or failure to reduce risk – a lack of risk assessment or failure to reduce risk – trying to make that argument in court will get you a trying to make that argument in court will get you a psych evaluation!psych evaluation!

A ministry is expected to do formal or even informal A ministry is expected to do formal or even informal risk assessment by asking itself what risks could risk assessment by asking itself what risks could exist, and by taking reasonable steps to reduce or exist, and by taking reasonable steps to reduce or eliminate those risks – common sense!eliminate those risks – common sense!

This is where an administrative gifting shines!This is where an administrative gifting shines!

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Negligence: Negligence: This is the most common liability for This is the most common liability for ministry. Negligence is simply an unintentional act or ministry. Negligence is simply an unintentional act or omission by an individual or group that results in the omission by an individual or group that results in the hurt, injury or death or another person or group of peoplehurt, injury or death or another person or group of people

– Unintentional Unintentional – note that “I didn’t know” or “I didn’t – note that “I didn’t know” or “I didn’t mean to” is not an excuse, - in fact it proves mean to” is not an excuse, - in fact it proves negligence. (i.e. suicide resulting from faulty counsel)negligence. (i.e. suicide resulting from faulty counsel)

– Duty – Duty – Negligence assumes that you or your group Negligence assumes that you or your group had a reasonable expectation and responsibility for had a reasonable expectation and responsibility for duty (i.e. supervisor in the nursery)duty (i.e. supervisor in the nursery)

– Proximate Cause – Proximate Cause – Direct cause is what causes the Direct cause is what causes the harm. Proximate cause is what allowed the harm to harm. Proximate cause is what allowed the harm to take place. (i.e. death from fire, but failure to follow take place. (i.e. death from fire, but failure to follow building code is proximate cause)building code is proximate cause)

– Injury – Injury – There is no negligence in the eyes of the law if There is no negligence in the eyes of the law if there is no physical, moral, mental, or other injury as there is no physical, moral, mental, or other injury as a result of the real world negligence (i.e. a two foot a result of the real world negligence (i.e. a two foot hole in the floor is not negligence in the eyes of the hole in the floor is not negligence in the eyes of the law until someone falls in and breaks their leg)law until someone falls in and breaks their leg)

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Negligence: Negligence: One of the final and perhaps most important One of the final and perhaps most important consideration in determination of negligence from a legal consideration in determination of negligence from a legal standpoint is thestandpoint is the age: age: The younger the individual, the The younger the individual, the greater responsibility (duty) there is to reduce or greater responsibility (duty) there is to reduce or eliminate the risk. eliminate the risk. This is because it is reasonable to This is because it is reasonable to assume that the younger the person is, the less able they assume that the younger the person is, the less able they are to assess and avoid risk themselves!are to assess and avoid risk themselves!

Risk AssessmentRisk Assessment and Negligence: The most common and Negligence: The most common excuse offered for things that happen is that they could excuse offered for things that happen is that they could not have been predicted. This make people feel better, not have been predicted. This make people feel better, because then they do not have to take responsibility for a because then they do not have to take responsibility for a problem or disaster, nor grieve over the injury of another. problem or disaster, nor grieve over the injury of another.

Pre-incident IndicatorsPre-incident Indicators (PINS): Every incident is (PINS): Every incident is preceded by things that indicate the risk of that incident preceded by things that indicate the risk of that incident occurring. It is an administrator’s job (duty) to learn to occurring. It is an administrator’s job (duty) to learn to recognize PINs, look into the future to construct possible recognize PINs, look into the future to construct possible risk scenarios, and build in reasonable protective systems risk scenarios, and build in reasonable protective systems to reduce or avoid the risk. to reduce or avoid the risk.

This This reduces or eliminatesreduces or eliminates negligence (actual) and is the negligence (actual) and is the best argument against criminal (legal) negligence. best argument against criminal (legal) negligence.

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There are common considerations for church and There are common considerations for church and parachurch ministry that address the liability of negligence parachurch ministry that address the liability of negligence that every administrator should consider:that every administrator should consider:

Children and MinistryChildren and Ministry: The unintentional physical, mental, : The unintentional physical, mental, emotional, or other injury to a child (18 or less) because emotional, or other injury to a child (18 or less) because reasonable steps were not taken to reduce or eliminate risk reasonable steps were not taken to reduce or eliminate risk constitutes potential criminal and/or civil neglect. constitutes potential criminal and/or civil neglect.

– EnvironmentEnvironment: Is the area of ministry safe and free of : Is the area of ministry safe and free of hazards? Does it meet building (lighting, construction) hazards? Does it meet building (lighting, construction) and fire codes (sprinklers, alarms, extinguishers) with and fire codes (sprinklers, alarms, extinguishers) with entrance and exit (markings, panic bars on doors, entrance and exit (markings, panic bars on doors, emergency lighting)? Are toys, objects, and furnishings emergency lighting)? Are toys, objects, and furnishings free from hazard?free from hazard?

– PeoplePeople: Have the people had a background check : Have the people had a background check (formal!), people provide references, people are (formal!), people provide references, people are interviewed, record are kept. No excuse exists for a interviewed, record are kept. No excuse exists for a lack or background checks and record keeping – this lack or background checks and record keeping – this proves negligence! Remember – child offenders love proves negligence! Remember – child offenders love Christian organizations because we are so trusting (and Christian organizations because we are so trusting (and gullible!). Trust your intuition! If a person does not gullible!). Trust your intuition! If a person does not feel right, you MUST respond.feel right, you MUST respond.

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There are common considerations for church and There are common considerations for church and parachurch ministry that address the liability of parachurch ministry that address the liability of negligence that every administrator should consider:negligence that every administrator should consider:

Children and MinistryChildren and Ministry: The unintentional physical, : The unintentional physical, mental, emotional, or other injury to a child (18 or less) mental, emotional, or other injury to a child (18 or less) because reasonable steps were not taken to reduce or because reasonable steps were not taken to reduce or eliminate risk constitutes potential criminal and/or civil eliminate risk constitutes potential criminal and/or civil neglect. neglect.

– Supervision: Supervision: Each state defines the age of adult Each state defines the age of adult accountability differently. Assume it is under 18 years accountability differently. Assume it is under 18 years of age. It is ASSUMED that it is a duty of those in of age. It is ASSUMED that it is a duty of those in charge to completely supervise “children” under the charge to completely supervise “children” under the age of 18 at all times while they are in the custody of age of 18 at all times while they are in the custody of those in charge of the ministry. Under no those in charge of the ministry. Under no circumstances are they to be left alone. It is best that circumstances are they to be left alone. It is best that a worker NEVER be left alone as well – so there are a worker NEVER be left alone as well – so there are two adults supervising, one as back up and witness!two adults supervising, one as back up and witness!

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– Training: Training: It is ASSUMED that is the duty of those who It is ASSUMED that is the duty of those who in charge to TRAIN the individuals that work in an area in charge to TRAIN the individuals that work in an area of ministry to be competent to function in that kind of of ministry to be competent to function in that kind of ministry. This would include training in how to ministry. This would include training in how to perform functions that pertain to the ministry itself, perform functions that pertain to the ministry itself, but also in critical areas of risk. This would include but also in critical areas of risk. This would include rules of appropriate physical contact, how to spot rules of appropriate physical contact, how to spot physical and/or sexual abuse, reporting physical and/or sexual abuse, reporting responsibilities, safety protocol for fires, weather, or responsibilities, safety protocol for fires, weather, or disasters. Failure to do any of these things invites disasters. Failure to do any of these things invites criminal and/or civil actions related to negligence. criminal and/or civil actions related to negligence.

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– Reporting: Reporting: Most states REQUIRE the reporting of Most states REQUIRE the reporting of suspected physical and/or sexual abuse – this is not suspected physical and/or sexual abuse – this is not an option, or something that you can decide whether an option, or something that you can decide whether or not to do. The most common mistake made is for or not to do. The most common mistake made is for an individual to try to decide if abuse has occurred or an individual to try to decide if abuse has occurred or not – this, by definition, constitutes criminal not – this, by definition, constitutes criminal negligence, because a person or ministry is REQUIRED negligence, because a person or ministry is REQUIRED to report SUSPECTED abuse – it is assumed that it the to report SUSPECTED abuse – it is assumed that it the job of the authorities to determine whether or not the job of the authorities to determine whether or not the abuse is actual or not!abuse is actual or not!

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General NegligenceGeneral Negligence: The unintentional physical, mental, : The unintentional physical, mental, emotional, or other injury to a child or adult because emotional, or other injury to a child or adult because reasonable steps were not taken to reduce or eliminate reasonable steps were not taken to reduce or eliminate risk constitutes potential criminal and/or civil neglect. risk constitutes potential criminal and/or civil neglect.

– Failure to Warn: Failure to Warn: Are there signs that mark tripping Are there signs that mark tripping hazard, holes in the parking lot? Are faulty equipment hazard, holes in the parking lot? Are faulty equipment marked and locked out?marked and locked out?

– Failure to ProtectFailure to Protect: Have reasonable measures been : Have reasonable measures been taken to be sure that safety devices (sprinklers, taken to be sure that safety devices (sprinklers, lighting, lightning arresters, fire extinguishers, lighting, lightning arresters, fire extinguishers, electrical wiring and cords, hot water sources and electrical wiring and cords, hot water sources and heaters, heavy objects – filing cabinets, furniture - heaters, heavy objects – filing cabinets, furniture - and nursery items (sanitized, not broken, not and nursery items (sanitized, not broken, not hazardous)) work properly and/or installed?hazardous)) work properly and/or installed?

– Failure to SuperviseFailure to Supervise: The last person to leave is the : The last person to leave is the adult in charge!adult in charge!

– Failure to TrainFailure to Train: Training programs and records: Training programs and recordsCont…


Recommendation for a general resource on risk Recommendation for a general resource on risk assessment, risk prediction, pre-incident indicators, and assessment, risk prediction, pre-incident indicators, and threat suppression: threat suppression: De Becker, Gavin. The Gift of Fear. De Becker, Gavin. The Gift of Fear. New York: Dell, 1997. New York: Dell, 1997.

Gavin De Becker is an internationally recognized expert Gavin De Becker is an internationally recognized expert in threat detection, protection, and risk prediction. He in threat detection, protection, and risk prediction. He specializes in the prediction and prevention of violent specializes in the prediction and prevention of violent crimes, and has been used by the FBI, CIA, and federal crimes, and has been used by the FBI, CIA, and federal government as well as public personalities for protection, government as well as public personalities for protection, risk assessment and security purposes. risk assessment and security purposes.

This is the textbook use for my black belt level martial This is the textbook use for my black belt level martial arts training for risk assessment and threat assessment, arts training for risk assessment and threat assessment, prediction, suppression, and prevention as well as prediction, suppression, and prevention as well as personal security considerations. It is a secular book, and personal security considerations. It is a secular book, and has a isolated instances of raw language, but is one of has a isolated instances of raw language, but is one of the best sources in my training for understanding the best sources in my training for understanding intuition, pre-incident indicators and factors that go into intuition, pre-incident indicators and factors that go into risk assessment and prevention.risk assessment and prevention.

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Defamation: Defamation: Defamation is the use of words that injure Defamation is the use of words that injure the reputation of another person or group of people. If the reputation of another person or group of people. If these words are oral, it is called these words are oral, it is called slanderslander. If the words are . If the words are written, it is called written, it is called libellibel..

Defamation is not a criminal action, but a civil action (a Defamation is not a criminal action, but a civil action (a “tort”), and can result in a civil action filed in civil court to “tort”), and can result in a civil action filed in civil court to recover damages.recover damages.

It has been my experience that when some Christians get It has been my experience that when some Christians get angry, there is no consideration of the Scriptures and angry, there is no consideration of the Scriptures and their exhortation against “taking a brother to court.” The their exhortation against “taking a brother to court.” The threat (actually the intimidation) to sue over defamation threat (actually the intimidation) to sue over defamation is often used to create fear or anxiety. I have found that is often used to create fear or anxiety. I have found that in persistent instances of unjustified intimidation, it is in persistent instances of unjustified intimidation, it is best to give the person the name of your lawyer and best to give the person the name of your lawyer and invite them to call and move forward. This usually invite them to call and move forward. This usually disarms the intimidation factor immediately and disarms the intimidation factor immediately and separates intimidation (desire to create fear/anxiety) separates intimidation (desire to create fear/anxiety) from threat (promise to act). from threat (promise to act).

A ministry leader has a responsibility to examine his or A ministry leader has a responsibility to examine his or her words for potential to injure another and to avoid that her words for potential to injure another and to avoid that injury if at all possible!injury if at all possible!

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Defamation: Defamation: There are several defenses against There are several defenses against defamation, if wrongly accused:defamation, if wrongly accused:

– TruthfulnessTruthfulness: Establish the truthfulness of all : Establish the truthfulness of all communication to the best of your ability. What is the communication to the best of your ability. What is the reliability of the source? How can the source’s reliability of the source? How can the source’s accuracy be confirmed? What past indicators give accuracy be confirmed? What past indicators give credence to the source and/or the reliability of the credence to the source and/or the reliability of the information? How close is the source to the individual information? How close is the source to the individual or circumstance? What vested interest does the or circumstance? What vested interest does the source have in the outcome that might skew his or her source have in the outcome that might skew his or her perception of the truth? perception of the truth?

– The fact is, in the execution of biblical ministry, we The fact is, in the execution of biblical ministry, we will need to exercise pastoral confrontation, rebuke, will need to exercise pastoral confrontation, rebuke, correction, and these actions will “hurt and individual. correction, and these actions will “hurt and individual. They might argue “injury,” but truthfulness defends They might argue “injury,” but truthfulness defends against defamation against defamation

– I was always counseled by my church legal counsel to I was always counseled by my church legal counsel to seek God, pray for direction, faithfully discharge my seek God, pray for direction, faithfully discharge my duty as I see it, keep a written or recorded record of duty as I see it, keep a written or recorded record of my words (spoken or written) and speak or write the my words (spoken or written) and speak or write the truth – he said it was my (and his) best defense truth – he said it was my (and his) best defense argument in a civil court of law. argument in a civil court of law.

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Defamation: Defamation: There are several other defenses against There are several other defenses against defamation as well:defamation as well:

– ConsentConsent: If an individual consents to the disclosure of : If an individual consents to the disclosure of information, it cannot be construed as defamation. GET information, it cannot be construed as defamation. GET IN THE PRACTICE OF SIGNED DOCUMENTS RELATED TO IN THE PRACTICE OF SIGNED DOCUMENTS RELATED TO STATEMENTS OR COUNSELING!STATEMENTS OR COUNSELING!

– Self-defenseSelf-defense: I am allowed to use words that defend : I am allowed to use words that defend myself, even if those words could cause harm to myself, even if those words could cause harm to another’s reputation in the course of that defense. For another’s reputation in the course of that defense. For instance, my words might prove the person to be a liar, instance, my words might prove the person to be a liar, or expose an unseemly motive, and injure that person’s or expose an unseemly motive, and injure that person’s reputation, but it is not defamation, because it was done reputation, but it is not defamation, because it was done in the context of reasonable self-defense –(again, relies in the context of reasonable self-defense –(again, relies on the truth!).on the truth!).

– Statements for or About Church Business: Statements for or About Church Business: Your by-laws Your by-laws should CLEARLY establish which of the senior leaders is should CLEARLY establish which of the senior leaders is the spokesperson for the church (usually the senior the spokesperson for the church (usually the senior pastor). If in the execution of your duty to minister, pastor). If in the execution of your duty to minister, protect, preserve, or support the church, you must say or protect, preserve, or support the church, you must say or write something (i.e. minutes of a board meeting or write something (i.e. minutes of a board meeting or publicly address the congregation), YOU, AS DESIGNATED publicly address the congregation), YOU, AS DESIGNATED SPOKESPERSON have a defense against slander or libel. SPOKESPERSON have a defense against slander or libel. Your words must be carefully chosen, recorded, and be Your words must be carefully chosen, recorded, and be “need to know” communication!“need to know” communication!

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Defamation: Defamation: There is also the case or privileged There is also the case or privileged communication for ministers:communication for ministers:

– Privileged CommunicationPrivileged Communication: This is communication : This is communication from to or from a minister, when acting in a from to or from a minister, when acting in a professional capacity as a spiritual advisor (counselor) professional capacity as a spiritual advisor (counselor) to a member of the congregationto a member of the congregation

– Did you see the TRIGGER words in this definition? Did you see the TRIGGER words in this definition? Your by-laws must define what a minister is (licensing Your by-laws must define what a minister is (licensing and ordination requirements), what the lawful and and ordination requirements), what the lawful and permitted job of minister are (counseling, etc. – job permitted job of minister are (counseling, etc. – job descriptions!), and who members are (by-law descriptions!), and who members are (by-law qualifications for membership). If you cannot point to qualifications for membership). If you cannot point to written documents, developed in advance of an audit written documents, developed in advance of an audit or investigation, you may not be able to defend or investigation, you may not be able to defend against defamation and civil action/damages! (see against defamation and civil action/damages! (see why we talked about by-laws earlier!).why we talked about by-laws earlier!).

– Communication about sexual or physical abuse of a Communication about sexual or physical abuse of a child should NEVER be construed as privileged child should NEVER be construed as privileged communication. It is never defendable to not report communication. It is never defendable to not report SUSPECTED instances of physical or sexual abuse!SUSPECTED instances of physical or sexual abuse!

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Malpractice: Malpractice: Another common liability is the area of Another common liability is the area of professional malpractice. Ministry is a profession – a field professional malpractice. Ministry is a profession – a field of knowledge with established skills and expectations of of knowledge with established skills and expectations of performance. Malpractice is failure to perform one’s performance. Malpractice is failure to perform one’s professional duties to accepted degree of skill in the professional duties to accepted degree of skill in the discharge of professional duties. discharge of professional duties.

– Training: Training: This is why appropriate training for This is why appropriate training for ministerial duties is not only wise, but also protects ministerial duties is not only wise, but also protects fro liabilityfro liability

– ProfessionProfession: There are certain things a minister should : There are certain things a minister should and should not engage in, unless there is proper and should not engage in, unless there is proper training and experience training and experience

– DutyDuty: Here we go again with “by-laws” and “job : Here we go again with “by-laws” and “job descriptions!” What are the official duties of a descriptions!” What are the official duties of a minister? Who qualifies as a “minister” according to minister? Who qualifies as a “minister” according to the by-laws, and what are the qualifications? These the by-laws, and what are the qualifications? These are questions that will be asked right away in a civil are questions that will be asked right away in a civil or criminal actionor criminal action

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Malpractice: Malpractice: There are several common areas of There are several common areas of malpractice liability associated with ministry. The most malpractice liability associated with ministry. The most common is common is counselingcounseling!!

– Pastoral Counseling is mainly intervention! Pastoral Counseling is mainly intervention! The The temptation for a pastor is to be seen as “the answer temptation for a pastor is to be seen as “the answer guy” who knows all and can fix anything – this is guy” who knows all and can fix anything – this is pride. pride.

– Most counseling should involve limited numbers of Most counseling should involve limited numbers of meetings (3 – 5) in order to intervene (stabilize), meetings (3 – 5) in order to intervene (stabilize), correct, and instruct from the Scriptures, as well as correct, and instruct from the Scriptures, as well as pray and care for the individual.pray and care for the individual.

– Most counseling involves people that will not or do Most counseling involves people that will not or do not know how to take responsibility for their own not know how to take responsibility for their own problems and submit to biblical admonition not to sin. problems and submit to biblical admonition not to sin. Pastoral counseling is useful to challenge and bring Pastoral counseling is useful to challenge and bring biblical perspective. It becomes unhealthy when I biblical perspective. It becomes unhealthy when I enable a victim mentality, especially if it makes me, enable a victim mentality, especially if it makes me, as minister, the answer guy and savior, in place of as minister, the answer guy and savior, in place of Jesus Christ. Jesus Christ.

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Malpractice: Malpractice: There are several common areas of There are several common areas of malpractice liability associated with ministry. The most malpractice liability associated with ministry. The most common is common is counselingcounseling!!

– Pastoral Counseling is mainly intervention! Pastoral Counseling is mainly intervention! If the If the person seems to need help beyond 3 – 5 sessions, that person seems to need help beyond 3 – 5 sessions, that is when it is time, in most cases, to refer the person is when it is time, in most cases, to refer the person to properly trained medical, psychological, or to properly trained medical, psychological, or psychiatric professional fro treatment or therapy. psychiatric professional fro treatment or therapy.

– To attempt to provide these service yourself, without To attempt to provide these service yourself, without proper training and experience, constitutes proper training and experience, constitutes malpractice, and exposes you and your ministry to malpractice, and exposes you and your ministry to grave liability.grave liability.

– Pastoral counseling does not involve the dispensing of Pastoral counseling does not involve the dispensing of medical advice, recommendations on medication, medical advice, recommendations on medication, behavioral or cognitive therapy, or other behavioral or cognitive therapy, or other psychological or psychiatric advice. psychological or psychiatric advice.

– Be careful to build detailed record keeping systems Be careful to build detailed record keeping systems that record the counseling session with enough detail that record the counseling session with enough detail to refer back to in case of need. To not keep such to refer back to in case of need. To not keep such records (and to not keep them confidential) may records (and to not keep them confidential) may expose the minister and/or ministry to grave liabilityexpose the minister and/or ministry to grave liability

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Malpractice: Malpractice: There are also several special cases of There are also several special cases of pastoral counseling and intervention that require a great pastoral counseling and intervention that require a great deal of thought and care:!deal of thought and care:!

– Suicide Suicide is a difficult and critical pastoral care situation is a difficult and critical pastoral care situation that must be handled precisely and with skillthat must be handled precisely and with skill

– Back to pre-incident indicators (PINs): It helps loved Back to pre-incident indicators (PINs): It helps loved ones to think that there were no PINS and that the ones to think that there were no PINS and that the suicide came out of the blue, whereas there are several suicide came out of the blue, whereas there are several common PINS that we must learn to recognize: Male; common PINS that we must learn to recognize: Male; age 25 – 35; attempted before; significant life change or age 25 – 35; attempted before; significant life change or crisis; despondency or depression (no way crisis; despondency or depression (no way out/perceived alternatives); talk & especially talk of a out/perceived alternatives); talk & especially talk of a specific manner of suicide; setting things in order (when specific manner of suicide; setting things in order (when I am gone); resolution (things are better for no reason), I am gone); resolution (things are better for no reason), etc.etc.

– It is my professional duty to report SUSPECTED suicidal It is my professional duty to report SUSPECTED suicidal people to the police WHO WILL DECIDE IF THE THREAT IS people to the police WHO WILL DECIDE IF THE THREAT IS REAL (not my job). They will then decide on an REAL (not my job). They will then decide on an involuntary treatment or commitment to interveneinvoluntary treatment or commitment to intervene

– It is my job to secure a suicide location (body and It is my job to secure a suicide location (body and surroundings) when I arrive at an intervention. I can surroundings) when I arrive at an intervention. I can only move or touch the body to check for life or to save only move or touch the body to check for life or to save the life. It must be treated as a potential crime scene the life. It must be treated as a potential crime scene and turned over for investigationand turned over for investigation

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Malpractice: Malpractice: There are also several special cases of There are also several special cases of pastoral counseling and intervention that require a great pastoral counseling and intervention that require a great deal of thought and care:!deal of thought and care:!

– Abuse Abuse is a another difficult and critical pastoral care is a another difficult and critical pastoral care situation that must be handled precisely and with skillsituation that must be handled precisely and with skill

– If suspected abuse is present for a child (in most If suspected abuse is present for a child (in most states a person under the age of 18 years old), the states a person under the age of 18 years old), the suspected physical or sexual abuse MUST be reported suspected physical or sexual abuse MUST be reported to the authorities for THEM to determine if actual to the authorities for THEM to determine if actual abuse has occurred. abuse has occurred.

– Reporting adult abuse varies from state to state, but Reporting adult abuse varies from state to state, but it has always been my policy that physical or sexual it has always been my policy that physical or sexual abuse or violence is NEVER acceptable in ANY case abuse or violence is NEVER acceptable in ANY case accept self-defense, and that it is a reportable offense accept self-defense, and that it is a reportable offense with consequences. with consequences.

– I will not ever counsel a man or woman to remain in I will not ever counsel a man or woman to remain in house where there is a threat of physical or sexual house where there is a threat of physical or sexual violence, because I believe this constitutes violence, because I believe this constitutes malpracticemalpractice

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Other Small Things That Other Small Things That Make a Big DifferenceMake a Big Difference

Other Things That Make a Big Other Things That Make a Big Difference: The “Fine Print”Difference: The “Fine Print”

Other “little things” that make a “big difference:”Other “little things” that make a “big difference:”– Workman’s Compensation Insurance: Workman’s Compensation Insurance: Check your local Check your local

and state requirements for workman’s comp and state requirements for workman’s comp insurance that pays benefits to people injured in the insurance that pays benefits to people injured in the execution of their jobs – it is often required by law.execution of their jobs – it is often required by law.

– Labor LawsLabor Laws: Be aware of age, racial, sex, and other : Be aware of age, racial, sex, and other important factors in hiring and compensation issues. important factors in hiring and compensation issues. Make clear policy statements about non-Make clear policy statements about non-discrimination and follow them! A religious discrimination and follow them! A religious organization can discriminate based on religion IF organization can discriminate based on religion IF they can demonstrate the need for religious purposes they can demonstrate the need for religious purposes AND it is clearly spelled out in the by-laws as an AND it is clearly spelled out in the by-laws as an essential part of the ministry (i.e. no Buddhists hired essential part of the ministry (i.e. no Buddhists hired as pastor). Currently, ministries are allowed to as pastor). Currently, ministries are allowed to discriminate on the basis of sexual orientation, but discriminate on the basis of sexual orientation, but this too must be integrated into policy that is based this too must be integrated into policy that is based on religious conviction and written.on religious conviction and written.

– Unrelated Business Income Tax (UBIT): Unrelated Business Income Tax (UBIT): A church CAN A church CAN engage in business activity that is not related to its engage in business activity that is not related to its mission, BUT it must be reported as “unrelated mission, BUT it must be reported as “unrelated business income (UBIT) and IS TAXIBLE. A church can business income (UBIT) and IS TAXIBLE. A church can run an Internet business for its Christian School, etc.run an Internet business for its Christian School, etc.

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Other Things That Make a Big Other Things That Make a Big Difference: The “Fine Print”Difference: The “Fine Print”

Other “little things” that make a “big difference:”Other “little things” that make a “big difference:”– Reporting: Reporting: Remember that a non-profit is required to Remember that a non-profit is required to

file an income tax return once per year on or about file an income tax return once per year on or about May 15. It is also required to have employees fill out May 15. It is also required to have employees fill out a W-4 to select tax withholding, a W-3 to transmit the a W-4 to select tax withholding, a W-3 to transmit the information on tax withholdings to the government, information on tax withholdings to the government, and a W-2 to report year end earnings and taxes to and a W-2 to report year end earnings and taxes to the employee and government by January 31. the employee and government by January 31.

– Miscellaneous IncomeMiscellaneous Income: A ministry is required to issue : A ministry is required to issue a form 1099 to someone who receives $600 or more in a form 1099 to someone who receives $600 or more in income as compensation or gift (‘love offering). income as compensation or gift (‘love offering).

– Other: We could go on and on, but the details never Other: We could go on and on, but the details never end – not if you want to do this right. That is the end – not if you want to do this right. That is the realm of an administrative leader, and within his or realm of an administrative leader, and within his or her gift mix. NEVER STOP LEARNING AND NEVER STOP her gift mix. NEVER STOP LEARNING AND NEVER STOP STRIVING FOR COMPLETENESS AND EXCELLENCE!STRIVING FOR COMPLETENESS AND EXCELLENCE!

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Some Final Words…Some Final Words…

It is impossible to cover all of the topics that are involved with It is impossible to cover all of the topics that are involved with administrative leadership adequately!administrative leadership adequately!

This class has taught you something about yourself – are you This class has taught you something about yourself – are you administratively gifted or a more visionary leader?administratively gifted or a more visionary leader?

This class has given you new knowledge and skills: To whom This class has given you new knowledge and skills: To whom much is given, much is required!much is given, much is required!

This class has shown you the value of administrative leadership This class has shown you the value of administrative leadership when paired with visionary leadership – they are two wings of when paired with visionary leadership – they are two wings of one bird!one bird!

God always does what He does for a reason: My prayer is that God always does what He does for a reason: My prayer is that you will discover why you were in this class, and that what you you will discover why you were in this class, and that what you have learned will be applied effectively and precisely for the have learned will be applied effectively and precisely for the work of the ministry in the years ahead. work of the ministry in the years ahead.

Ministries that do not yet exist and people who are not yet born Ministries that do not yet exist and people who are not yet born are counting on you to apply this stuff with excellence and skill!are counting on you to apply this stuff with excellence and skill!

May God grant you the grace, strength, foresight, and courage May God grant you the grace, strength, foresight, and courage to do so!to do so!

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cogic church administration module 10 module 10 the administrative factor: small things that make a...

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