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Church Preschools Open to Disabled Children

From the October 2019 newsletter edition.
Category: Compliance

Some churches operate a daycare and/or preschool for the children of the congregation and the public. For many facilities, there is an application process for the admission of new students. Churches should consider their admissions policies for children with special needs. This point was illustrated in a 2018 church case. Calvary Church operates Calvary Child Development Center in Charlotte, North Carolina. In 2016, a group of five parents sued Calvary Church with a claim of…

Should Churches Have Non-Compete Agreements?

From the July 2019 newsletter edition.
Category: Governance

Churches may not think of themselves in competition with each other. After all, churches serve a higher purpose than seeking market share at the expense of other religious organizations. However, the contest for new church members among churches may be unavoidable. In some instances, businesses that compete with one another seek to keep their employees from leaving for a rival. One way organizations protect their turf is to have their employees sign a non-compete agreement….

May A Member Sue The Church?

From the July 2019 newsletter edition.
Category: Risk Management

Occasionally, disputes arise between churches and their members. Some controversies come about as the result of action the church chose to take. In some cases, a member may feel wronged by another church member and wants the church to accept responsibility. When the situation reaches a boiling point, a member may decide to file a lawsuit against his/her church. The ability to pursue a legal claim against a church by one of its members depends…

7 Tips for Church Governance

From the April 2019 newsletter edition.
Category: Governance

I often advise church organizations on how to improve their corporate governance. Corporate governance is the process organizations employ to ensure efficient policy and strategic making. The reason I recommend churches undertake proper governance is to help ensure they are good stewards of their resources. A common misnomer is that governance is complicated and hard to install. This is not so at all. In fact, an effective system of governance makes church operations run smoother….

Churches May Be Liable for Bad Marriages

From the April 2019 newsletter edition.
Category: Risk Management

Some churches have multiple ministers in their organizations who handle several duties for the ministry. One such task may be the performance of marriages for its church members and members of the community. Church leaders should understand the requirements in North Carolina to marry a couple. North Carolina does not recognize common law marriages. A common-law marriage is where a couple, intending to be recognized as married, carries on in such a way for a…

Damage Control for Churches

From the January 2019 newsletter edition.
Category: Risk Management

Recently, there have been highly publicized accusations of negative conduct against famous people. In some cases, there were accusations of illegal, unethical and/or immoral behavior. The results left a stain on the companies’ reputations associated with these individuals. Church leaders should accept that no organization is immune to allegations of negative conduct. The problem may arise from a scandal that involves a church official or member of the clergy. The challenge could come from a…

Service Animals May Enter Churches

From the January 2019 newsletter edition.
Category: Compliance

As a public place, churches have a responsibility to make their facilities accessible for all. For people with disabilities, special accommodations may become necessary. An accommodation that could be sought from a church is the admittance of a Service Animal. The Americans With Disabilities Act (ADA) defines a Service Animal as a dog or miniature horse that is trained to do work or perform tasks for an individual with a disability. The task may be…

New Directors Should Undergo Orientation

From the October 2018 newsletter edition.
Category: Governance

Some churches and religious organizations are led by a governing body. Sometimes the governing body is called a board of directors. In some instances, one of the church ministries serve as the governing body. Occasionally, it becomes necessary to welcome new members to the governing body. When new members are added, it becomes necessary to train the new board members on the church’s policies, practices and governance. One of the best ways to equip new…

Contract Tone Predicts Vendor Relationship

From the October 2018 newsletter edition.
Category: Contracts

Clients often ask me to review their contracts before they sign on the dotted line. It is a good practice to have a lawyer provide counsel when the church is negotiating a new agreement. In some instances, a lawyer can help the church steer clear of potential problems. There are lots of issues an attorney looks for when helping a client with a new contract. We want to ensure the contract has all the requirements…

Churches May Adopt Traffic Regulations

From the July 2018 newsletter edition.
Category: Compliance

For many churches, parking can be a challenging issue to manage. There may not be enough parking and enforcement becomes a necessary practice. In some instances, access onto a main street of traffic can cause safety issues for its members and the public. Church leaders should understand what authority they have to regulate the flow of traffic on church property. North Carolina law allows the governing body of any religious organization to establish rules and…

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