Church Law & Tax Report
March/April 2007
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are available only to members.
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Feature Article
Must Churches Pay Overtime and the Minimum Wage?
Two federal courts address the issue.
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Criminal Liability
Chaplains and Miranda Warnings
It is important for police chaplains to clearly understand when they are required to provide Miranda warnings.
Church Members
Disruptive Church Members
An adult male who exhibited bizarre behavior in his church and community could not be involuntarily committed to a psychiatric hospital since he was not a danger to himself.
Church Property
Legal Owners of Church Property
A New York court ruled that a parent denomination held title to the property of a local church that voted to disaffiliate from the denomination.
Church Members; Church Records; Confidential and Privileged Communications
Inspecting Church Records
Most state nonprofit corporation laws give members a legal right to inspect corporate records for a "proper purpose."
Confidential and Privileged Communications; Counseling
Clergy-Penitent Privilege and Confidentiality
In many states, the presence of third persons during a conversation with a minister will prevent the conversation from being privileged.
Confidential and Privileged Communications; Counseling
Clergy-Penitent Privilege and Observations
Ministers can be compelled to testify regarding their "observations" or general impressions of a counselee's demeanor.
Denominations - Legal Liability; Employment Practices
Application of Laws to Specified Number of Employees
Some federal employment laws apply only to employers having a specified number of employees.
Denominations - Legal Liability; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
The Ministerial Exception and Lawsuits
A federal court in Washington ruled that the "ministerial exception" prevented it from resolving several claims against a religious organization.
Contracts; Schools
Building Rental for Church Use
A federal court in South Carolina ordered a public school district to continue allowing a church to rent a school building for weekly worship services.
Officers, Directors, and Trustees
Internal Church Disputes
The courts will not resolve disputes regarding a church's spiritual or ecclesiastical affairs.
Personal Injuries on Church Property or During Church Activities; Schools
Release Forms Usefulness
Release forms should not be relied upon, and certainly should not be viewed as a substitute for sound risk management.
Sexual Harassment; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Sexual Harassment and Church Employees
A federal court in New York ruled that a local church and denominational agency could be sued for the sexual harassment of a church employee by two pastors.
Clergy - Discipline and Removal; Sexual Harassment; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Risks of Pastoral Counseling Services
Church leaders should never ignore "warning signs" that a staff member (employee or volunteer) has a propensity to engage in a particular kind of harmful conduct.
Clergy - Discipline and Removal; Sexual Harassment; Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Sexual Abuse and Church Responsibility
A federal court in Nebraska ruled that two churches were not responsible on the basis of negligent hiring or supervision for a pastor's sexual molestation of his minor daughter.
Child Abuse; Sexual Harassment
Sex Offenders and Church Attendance
Any decision to allow a known sex offender to attend church, even with conditions, should not be made without the assistance of legal counsel.
Wills, Trusts, and Estates
Delegation of Trusts
The decisions of trustees regarding the distribution of trust income or principal ordinarily will be upheld by the courts.
Q&A
Q&A: Can Church Board Meet Without the Pastor?
The answer depends on the wording of your church's governing documents.
