| Church board members, whether new or experienced, sometimes express surprise when they learn that they can be held personally liable for certain decisions and actions involving their roles. While most states possess laws limiting liability for uncompensated church officers and directors, there are limitations. For instance, such “statutes generally provide no protection for ‘willful and wanton’ conduct or ‘gross negligence,’” notes attorney Richard Hammar in Pastor, Church & Law, Fifth Edition (available to ChurchLawAndTax.com members in the site’s Legal Library). This is an especially relevant matter to address right now as churches weigh decisions to reopen their buildings in the midst of the COVID-19 pandemic. Specifically, if a church board opts to re-open—in violation of local or state directives prohibiting such gatherings—board members can face potential personal liability in the event a devastating outbreak later occurs (not to mention potential liability for the church, as explained in this article for Advantage Members). To ensure that your church’s board members are better aware of the possible liabilities related to their responsibilities, have them work through this nine-question checklist, especially right now while weighing pandemic-related decisions against public-gathering restrictions. Also this week: Attorney Richard Hammar shares four takeaways from last week’s US Supreme Court decision, in which a 5–4 majority said some aid to parents of religious school students is constitutionally permissible. A few states mandate employers to provide sexual harassment training—here’s what churches nationwide need to know. This is a good time of year to review all housing and parsonage allowances set for qualifying ministers. The Lord bless you and keep you, |
