American Church Group - Colorado

PART TWO: How protected are members of your safety team? The answer may surprise you.

By Craig Cable, Director of Ministry Safety and Strategic Partnerships

The focus of this article is to address some of the risks and liabilities associated with having an armed safety team. Click here to read PART ONE.

Is our liability greater if we have an armed safety team?

I believe the short answer to that question is yes. I am not at all saying that a ministry shouldn’t have an armed safety team but for the ministries that do, they are going to have more liability exposure because having an armed safety team comes with a lot more responsibility and accountability.

What considerations should be made to have an armed volunteer safety team?

When a ministry decides to allow safety team members to carry firearms, whether the ministry realizes it or not, they are essentially saying “We trust you, your discernment, your decision-making, and your training so much that we are permitting you to use whatever force is necessary, up to and including deadly force, to protect our congregation.” What’s more, the armed safety team members are essentially saying in return “I am willing to bear the full responsibility of my actions to protect our congregation, which may require me to take someone’s life or lose my life in the process.” When you think of it that way, the stakes for everyone involved are incredibly high, and the responsibility enormous. I feel the first major consideration is for everyone involved to fully understand what this decision entails.

Recommendations:

• Make sure ministry leaders and members of the safety team have a clear understanding of the responsibilities and risks of having an armed team.
• Make sure there is sufficient insurance coverage for the ministry and each member of the team.
• Have a documented process for who is qualified to be on the armed team.

What are ways we can help mitigate our liability exposure?

I think one of the first steps is to have clear policies surrounding the existence of the armed team. Those policies should include clear expectations for the team, qualities and qualifications for each team member, and training requirements to stay on the team. I have provided below more details and recommendations for each of those three essential areas.

Expectations: The expectations for any safety team (armed or unarmed) should start with the process of identifying the most probable risks, prioritizing those risks, and then creating reasonable response plans accordingly. In this process, you have to take into consideration the location, the mission of the ministry, and the culture of the ministry. For example, if your ministry is located in an urban area and serves at-risk populations like the homeless or individuals with substance issues, your response plans need to address the unique risks that come with that. Another important expectation is that your policies and response plans must be in keeping with the laws that are specific to protecting people and private property in your state. To help accomplish this task, I strongly encourage all of the ministries I work with to perform a risk assessment to make sure that risks are identified and mitigated, when possible. I have found that local law enforcement will often help with creating a risk assessment.

Qualities and qualifications: As we discussed earlier, the responsibility associated with serving on the team (especially in an armed capacity) is enormous, therefore the ministry MUST have the right people serving on the team. When considering someone’s qualities and qualifications, I think the following questions must be asked. Is this person patient, discerning, wise, friendly, reliable, and a good communicator? I would assert that those six qualities are essential for anyone serving on the team. The next question to ask is if this individual has received specialized training in protecting people such as having prior law enforcement, security, military, or medical experience. I feel that having prior firearms experience and a valid concealed carry permit should only be considered as a complement to the other qualities and qualifications. It can’t be the only reason why this is qualified to serve on the team. Another question to ask is if this person is physically and mentally suited for this role. If the individual has mobility or cognitive challenges, this may create an issue when they’re required to respond to an emergency. What’s more, when a ministry knowingly allows someone to serve on the team who isn’t a good fit, the ministry is now creating its own liability risk.

Training Requirements: My advice is to develop a balanced training plan that provides instruction and experience in responding to incidents the ministry is most likely to face. At the top of the likelihood list is a medical incident. Members of the team need to either be trained in basic first aid or have a plan for someone in the congregation with medical training to be readily available when a medical incident occurs. The next most likely incident is going to be dealing with someone who is in some form of crisis. The individual could be angry, scared, despondent, or confused. Regardless of what caused the crisis, the safety team members need to be able to de-escalate the situation so as not to make matters worse. Statistically speaking, one of the least likely incidents to occur at a ministry is where deadly force is required. While an active shooter incident will have a high impact on the ministry, it has an incredibly low probability. For armed team members who may be called upon to stop an active shooter, they must have the mindset, gun handling, and marksmanship skills to prevail in a deadly force encounter. I feel this capability only comes with the individual’s full commitment to training and personal development to be the best they can be. It is also highly suggested that the ministry’s safety policies contain clear expectations for armed team members to include mandatory training, approved equipment, and firearms proficiency standards that must be demonstrated at least once per year.

Are there liability exposures associated with training?

If the training occurs on the ministry premises such as with first aid or de-escalation training, most policies have some coverage for medical expenses, property damage, or even the remote chance of a lawsuit. However, when it comes to firearms training, a common practice is for members of the safety team to get together on private property or at a local shooting range and work through a series of firearms drills. While injuries or fatalities on a shooting range are very rare, there is an inherent risk that needs to be thoughtfully considered. For perspective, according to the National Shooting Sports Foundation, an individual is statistically more likely to be injured playing golf than they would be participating in shooting sports. That said, the ministry’s property and liability policy most likely would not extend to firearms training incidents. The same could likely be said for personal self-defense insurance. For that reason, I am a strong proponent of the ministry contracting with a certified (and insured) firearms instructor who then can provide firearms training for the team. It also helps ensure that the team is getting supervised, quality training from a professional firearms trainer.

My hope and desire for writing these articles is to help ministries become more informed about the risks and liabilities associated with having a safety team. Not having a safety team at all comes with a different set of risks and liabilities but we will have to address those in a future article.

The concepts that I have shared may reinforce what your ministry is currently doing or it may directly challenge some prior assumptions. Please know that our agency and Brotherhood Mutual are committed to being your ministry’s risk management partner and we are here to help however we can. Brotherhood Mutual provides an online resource library that is packed with articles and free downloads to help your ministry develop or finetune your safety and security practices. Brotherhood Mutual can also provide answers to common legal questions related to ministry safety. You can access these resources by visiting Legal Assist.

Lastly, if you have questions that my team can assist with, feel free to email me at craig.cable@americanchurchgroup.com or reach out to our Client Support Team at ClientSupport@americanchurchgroup.com.

In addition to his role with the American Church Group of Colorado, Craig Cable is a sworn peace officer and serves as a Reserve Deputy Sheriff for the patrol division at the Larimer County Sheriff's Office. He has trained hundreds of security team leaders and volunteers and was the lead developer of the Safe and Secure & Church: The Ministry Approach training kit produced in partnership with Group Publishing and Brotherhood Mutual Insurance Company.  

 If you have further questions about protecting your ministry, please feel free to reach out to Craig at ccable@americanchurchgroup.com.    

©2024 American Church Group of Colorado, LLC. All rights reserved. The information in this article is intended to help your ministry better understand issues of vulnerability and mitigate risks. It does not constitute legal advice between an attorney and a client. If specific legal advice is required, your ministry is encouraged to consult with a local attorney. Neither Brotherhood Mutual Insurance Company, American Church of Colorado, LLC, nor the author assumes liability for reliance upon the information provided in this article.