Jump directly to the content

Court Rules Members Had Legal Authority to Retain or Remove Pastor

An Indiana court ruled that a majority of a "congregational" church's members had the legal authority to determine whether or not to retain their pastor.

Indiana
State:
Categories:
Key point 2-04.2. Some courts are willing to resolve disputes over the termination of clergy if they can do so without any inquiry into religious doctrine. Termination
Key point 6-06.2. Officers and directors must be legally authorized to act on behalf of their church. Legal authority can be express, implied, inherent, or apparent. In addition, a church can ratify the unauthorized actions of its officers or directors, but this is not required. Church Officers, Directors, and Trustees
Key point 6-09.2. Church members have such legal authority as is vested in them by their church's governing documents, and in some cases by state nonprofit corporation law. Church Members

An Indiana court ruled that a majority of a "congregational" church's members, rather than the church's board of trustees, had the legal authority to determine whether or not to retain ...

Log In For Full Access

Interested in becoming a member? Learn more.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

Related Topics:
Posted:
  • January 1, 2001

Related ResourcesVisit Store

Church Governance
Church Governance
What leaders must know to conduct legally sound church business.
12 Law & Tax Guidelines for New Ministers
12 Law & Tax Guidelines for New Ministers
Essential knowledge to ensure legal and financial clarity and integrity in ministry.
Your Guide to Employee Handbooks
Your Guide to Employee Handbooks
If updated regularly, an employee handbook can offer valuable legal protection against civil court claims made by disgruntled staff members.
Understanding Labor Laws
Understanding Labor Laws
Regulations that pertain to hiring, firing, paying, disciplining, and supervising ministry employees.