Legal Information for Your Congregation

The information on this page is provided by Mr. Don Stevens, volunteer lawyer for the Grand Canyon Synod. Don was the first vice-president of the Grand Canyon Synod and has provided free legal services to the congregations, leaders and non-profit organizations of this Synod for over 20 years.

 

• Recent news about child abuse at various churches and educational institutions will increase the public’s concern and awareness about the safety of children who participate in programs at the church. There are many resources available online, including those from your congregation’s insurance carrier, about recommendations for protecting the children, of all ages, that come to your church. Just doing background checks is not enough. You should have clear policies, procedures and training to ensure awareness and accountability for paid staff and volunteers. If you need suggestions about available resources, feel free to contact Don Stevens at don@brooksbylaw.com.

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• The United States Supreme Court recently published its decision in a case that potentially impacts every congregation. A church was sued for firing a teacher who had also been ordained as a “minister” of the church. The employee sued under various federal laws protecting workers. The case made its way to the United States Supreme Court and its ruling clearly affirms the right of the congregation to have the constitutional right to  choose who they want to have as a minister, free from interference or supervision by the federal or state courts.

Although the congregation has the right to terminate a call for any reason, and the pastor has no legal right to prevent that termination or to sue for damages, it does not mean that a pastor can be summarily dismissed. The constitution of the congregation describes a process that must be followed, including making satisfactory financial arrangements. If the Letter of Call included contractual promises for benefits or compensation, those promises would have to be kept. Sometimes, there can be an honest misunderstanding about whether certain financial benefits like sick days, comp days, professional development reimbursement, and even “overtime” can be accrued over time and later claimed by an outgoing pastor as a financial obligation of the church. Usually such benefits would not be available to a salaried employee, but if they are made part of a financial arrangement to attract the pastor, then they may very well be enforceable, even though the congregation has the absolute right to terminate the call.

 

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Legal Reminders for Congregations

• Make sure your property tax exemption for the church property is current. Most churches have a tax exemption for property “primarily used for worship” but the exemption must be applied for.
• Make sure you have filed your annual corporation reports with the Arizona Corporation Commission, including the identification of new officers, directors and council members.

• Make sure your corporation has a current “statutory agent” to receive official notices. The statutory agent must be identified on your annual filings and the form must be signed by the statutory agent who accepts the responsibility. 

If you have questions about legal issues directly involving the congregation, or for resources available for council training, church liability, or leadership retreat events, please contact Don Stevens directly at don@brooksbylaw.com. He will either provide guidance or make recommendations to someone who can help.