January 18, 2017
Lawsuits against churches and ministries are on the rise, making their board members especially vulnerable. Sometimes, courts have found directors and officers personally liable when their actions have resulted in financial damages.
Consider these examples:
Even well-meaning actions could put the personal assets of board members at risk. However, by taking steps to limit liability, church and ministry boards can find stronger legal positions in which they can properly function.
Incorporate your ministry
If a church is incorporated, board members can gain the same legal protections that apply to board members in businesses. This protection comes with two requirements:
When incorporating, first contact an attorney who is familiar with not-for-profit laws in your state.
Include bylaw protection
If your bylaws do not include indemnification provisions, enlist the help of a local attorney to draft some. These provisions could prevent board members from having to pay out-of-pocket costs if they are sued in connection with their ministry work. Evaluate your bylaws regularly by appointing a task force to review the bylaws for necessary changes or additions.
Consider charitable immunity laws
Most states have charitable immunity laws that can protect volunteer workers—and potentially board members—from being sued in connection with their volunteer service. That immunity, however, is limited because the laws generally:
Charitable immunity laws are complicated and vary by state. Ask a local attorney to review applicable state and federal charitable immunity laws with you.
Insure your board members
Standard general liability insurance policies do not cover claims against directors or officers for financial damages resulting from their failure to perform their duties. Separate directors and officers coverage helps protect board members’ personal assets in the event of certain financial damages and lawsuits. It also covers financial damages that other parties undergo when leaders fail to perform their duties properly.
There are a lot of hats worn in any growing ministry – and we want to serve every one of them.
With the holiday season right around the corner, it’s wise for ministries to evaluate their fire safety plan. Whether your ministry is hosting a holiday party, prepping treats for charity, or running a community kitchen, make sure you’re well-prepared with these tips.
The holidays present unique opportunities and challenges for churches that aren’t typical during other times of the year. A lot of the ministries that I work with are seeing steady increases in attendance and are praying for a significant jump in Christmas service participation this year.
In this article, Brad Brown from Plan A Wealth Management gives a wonderful insight into why ministries might consider choosing a 403(B)(9) retirement plan.
As school is back in session, it’s important to make sure your school is equipped with the correct safety procedures. Thinking about your school’s physical security as a series of layers can help you find gaps in your plan. Transportation and volunteers are just two important aspects of your school safety plan to think about.
If there is one thing I have learned over the last decade while working private security and as a sworn peace officer, the more critical the incident, the more likely change will come out of it. Much like a pendulum, an incident occurs, and everyone cries for change.
Updating the lighting in your worship center with LED can offer significant energy savings while improving overall lighting performance.
We are so excited to welcome the newest member of the American Church Group of Colorado team, Lyndsie Glowinski.
Churches are increasingly becoming targets for cyber criminals. The most common attack is by sending “phishing” emails where the perpetrator poses as someone familiar to the ministry staff (like a senior pastor, deacon, elder, or someone trustworthy) and requests some sort of response.
Anyone who turns on the news, flips through a magazine, or browses the web can see that American society and culture are experiencing rapid transitions. Some ministries have valid concerns that issues surrounding societal shifts may expose them to negative publicity, governmental scrutiny, or litigation.
The questions become: when and how can ministries operate within their deeply held religious beliefs when they may conflict with others’ rights?