Designated Funds and UPMIFA (part 1)

Churches are the beneficiaries of designated gifts – people who give to specific causes that touch their heart. This can be scholarships for students to go on mission trips or to college, to pay for children’s supplies and events, and scores of other ministries. Used wisely, designated funds can enhance a church’s mission by adding extra dollars to a church’s budget.

 

Every designated fund must have a specific purpose (why it was established and what it is to be used for) and a sunset clause (a determination of when the fund will cease to exist). However, many churches have funds that don’t have either a purpose or a timeline.

 

I challenge each church to go through all of it designated funds and write down its purpose and when it will cease to exist. The good news is that most church accounting software has a section in the chart of accounts where a memo can be written about each fund. Use that memo tab to write in this info so that this knowledge can be passed from one person to another and not lost.

 

Then, use you designated funds to supplement your budget needs. Use them as much as you can and encourage people to give to them – over and above what they give to the church’s operating budget.

 

However, even doing all that, churches are going to have funds whose purpose ceased to exist long ago. There is legal help for that and I’ll describe it in the next post.

 

Lead On!

Steve

Software Packages

  1. Membership & Financials
    1. There are two big companies are Shelby Systems and ACS. These are very robust financial/accounting systems and a very strong membership/people module. The contributions module in the Membership section posts gift info to individual members and then it posts it to the financial section for a seamless posting of Sunday receipts. Of the two, my preference is Shelby for several reasons which are too detailed to get into here. If you get both and their modules then annual support will cost about $1,500.
  2. Membership Only
    1. Both Shelby and ACS have a membership/people module that can be bought separately from the financials. There are some newer companies that only do membership such as ChurchTeams, Church Community Builder, Servant Keeper, and about a dozen others. The ones I’ve listed are the larger ones. Frankly, this is an area where you get what you pay for.
  3. Financials Only
    1. To my knowledge, only ACS and Shelby do a dedicated church financials software package. I have made Quickbooks (online and desktop versions) work in a church setting but there are some nuances the Quickbooks just can’t handle such as donor gift statements (I’ve had to find a very time-consuming work-around for that). For church financials, I encourage you to look at either Shelby or ACS.
  4. Payroll
    1. Both ACS and Shelby have payroll modules. However, I strongly recommend you outsource your payroll to a national company such as Paychex, CBIZ, or ADP. They file all taxes on time so that you never incur a penalty from the IRS. They cost about $65 per pay period (for up to about 12 employees). Outsourcing payroll is a LOT of peace of mind – knowing you’ll never have a visit from the IRS is a wonderful thing!

 

Lead On!

Steve

Church Software

This is from an email I received: “I belong to a small church and we are looking to update our software. Can you recommend software that is membership/financial based for churches?”

 

My reply:

Your church size is a big factor – the larger it is, the more robust a system you’ll need; the smaller it is, then you can patch-work a couple of systems. Here is some info:

 

Do you want to handle all your financials “in-house” or are you comfortable out-sourcing your financials? For several years I’ve done out-sourced financials for several clients. I’m biased but I strongly encourage you to out-source your financials to a trusted person. With the internet, your financial person can be several states away. All info (bills and even checks) can be emailed for posting by this company. This saves the church in many ways (no office for a person, no computer to purchase, no employee benefits to pay for, etc.) but it costs a little more in terms of straight wages (because the other company has to cover their own benefits & taxes). If you want to go that direction, I can give you a quote and the names of other companies doing the same thing.

 

If you do this in-house, then you have several decisions to make:

  1. Do you want a system that combines both? That will cost more, be stronger and extremely effective in handling your needs, and require initial training plus on-going training of the staff using it.
  2. Do you want to install the software on your own server or have it online? If you put it on your server then you also need to have it backed up and that will cost about $500 or $750 a year. Having someone else host your data online will cost (price varies) but there is a LOT of peace of mind knowing that your data will never be lost.
  3. Training is a must. Every dollar invested in training will yield results in efficiency and effectiveness in very tangible ways. Get the training!

 

Lead On!

Steve

What Should Churches Opposed to Gay Marriages Do?

This post addresses only the church’s legal concerns that have arisen related to same-sex marriage.

Recently, many courts in the US have ruled that marriage by the LGBTQ community (Lesbian, Gay, Bisexual, Transgender, and Questioning) are legal. There is still much in legal limbo – the ultimate legal ruling will be done by the US Supreme Court in a few months or years. In the meantime, should churches enact policies to protect themselves and their ministers from being forced to perform these marriages for those congregations opposed to this on theological grounds?

The short answer is no. It is not necessary.

The long answer is that never in the history of the US has a church or a minister of a church been required to perform a ceremony which is against the theological positions of the church/minister. That includes things which today (December 2014) are considered acceptable but which were not socially acceptable decades ago. The courts never forced a church to do or forbade a church from doing any of the following:

  • Marrying teenagers
  • Marrying divorced people
  • Marrying people of different races
  • Marrying people of different ages
  • Marrying people of different faiths or no faith

While a church can pass a series of policies, it is unnecessary and it is needless time expended when there are so many more worthwhile things for a church to be doing. If a civil servant were to threaten a church with a legal suit, the courts would throw it out because it violates both clauses of the religion part of the first amendment: the establishment clause and the free exercise clause. The state cannot tell a church how to do its business (period).

BTW, churches are increasingly bombarded with alarmist emails and paper mail trying to scare them about their security issues, tax situation, legal matters, and government intrusion. It will require an increasing amount of work for churches to investigate to see which of these claims is real and thus should be addressed and which ones are opportunists trying to get churches to buy their services. The other name for these opportunists is “quacks” and there are a lot of them out there. Do not give them your attention and certainly not your business.

Lead On!

Steve

IRS Payroll Audit Checklist

A friend of mine had an IRS payroll audit (and passed with flying colors). Below is the actual checklist required by the IRS (I changed only the dates; all other information is original). If you fail this, they won’t revoke your tax-exempt status but they can issue fees and penalties.

As an administrator, please look at this checklist and see if you could give this information immediately to the IRS officer so that he or she is in your office for only a day or two. You don’t want them to stay long and the better organized your records are, the sooner you can return to your normal hectic work.

When a staff person or a committee member complains that you want too much paperwork, show them this checklist and explain that the IRS really does visit churches every single year and asks for this stuff; you’re just trying to protect the staff and church, not trying to do more paperwork.

The instructions below are directly from the IRS:

The following information is being requested for the examination of your Forms 941 for the period covering January 01, 20XX and ending December 31, 20XX. The information being requested will be used in examining the information provided on the return and will be used to determine the employment tax liability for your organization for the period of January 01, 20XX through December 31, 20XX.

Please provide the following documentation:

  1. Copies of Forms W-4 for all employees during 20XX
  2. Copies of Forms W-3 & W-2 for all employees during 20XX
  3. 20XX payroll ledger, check register, employee earning record and year end payroll summary
  4. 20XX general ledger, trial balance, and a chart of accounts
  5. All Bank statements for accounts used in 20XX
  6. 20XX Time cards, sign in sheets, or other method used to track employee hours
  7. Please provide copies of Forms 1096 & 1099 Misc. issued and filed for 20XX
  8. Copies of all employee credit card statements for 20XX
  9. Detailed explanation of payroll procedures, including whether reimbursement is handled under an Accountable or Non-Accountable plan
  10. List of names & addresses of all officers, directors & trustees to include compensation, if paid in 20XX. Also a current list of officers.
  11. Minute books of your governing body (Session) (Officers, Directors , Trustees) including compensation committees if available from January 1, 20XX to December 31, 20XX
  12. Employee personnel manual, job descriptions, compensation policy, and compensation comparable data if used
  13. Copies of Forms W-9
  14. Copies of prior and subsequent year employment tax returns Forms 941.
  15. If your employees were “leased” through a third party management company, or you used the services of a temporary staffing agency, please provide a copy of the contract(s) for 20XX
  16. Provide documentation for any resident or non-resident aliens used in 20XX; include copies of applicable 1042s filed
  17. A tour of the organization’s facilities, as well as a desk or work-area to work in during the examination

NOTE: Additional information may be requested in the future, including a meeting to discuss the supporting documentation you provide. It is to your benefit to provide clear and concise explanations and supporting documentation regarding the information being requested.

 

Personnel Files

Accurate and complete personnel records are not only nice, they are a legal necessity. The Department of Labor has auditors who come to employers without an appointment and demand to see the personnel files. If the employer’s records are incomplete or inaccurate, the DoL can levy significant fines and fees. Churches are not exempt from these spot inspections and fees. Thus, churches must have good personnel files for that reason alone. However, churches must have good records so that as an employer it is following its employees’ requests when it comes to payroll deductions. If an employer’s Finance Office does not do what the employee wants, the employee may have a legal case against the employer

The legal minimums in a personnel file are:

  • W-4 – this documents the employees name, address, and number of deductions for tax purposes
  • I-9 – this documents that the employee is legally eligible to work in the US. The I-9 also requires additional identification forms. The most common are a US passport or a driver’s license plus a social security card.
  • For states with income tax, a state version of the Federal W-4

The employer minimums for a personnel file are:

  • An Employee Information Form which lists the employee’s personal info (name, address, phone numbers, emergency contact, birthdate, etc.) and wage information (salary or hourly rate).
  • Annual sheets listing changes in wages
  • Every document related to an employee’s payroll deductions for health & dental insurance, retirement, long-term and short-term disability, etc.
  • Anything else related to an employee and his or her work at the employer

Annual Reviews:

  • Employee evaluations should be kept in a confidential file, usually with the supervisor. Sometimes those evaluations are kept with the Finance Office’s employee files and that is acceptable.
  • When an employee leaves, then all files related to that employee should be merged into one file and kept with the Finance Office’s permanent files.

Record Retention:

  • The US government requires employee files to be kept for at least three years after termination. I usually recommend keeping the files for at least 10 years.
  • Sometimes an employee will call and ask questions about his or her employment and these records can provide specific data that the employee may not have.
  • Sometimes a prospective employer will call, too. Having the employment records, even the evaluations at that time, enables the former employer to answer questions better. By the way, it is ALWAYS best if a former employer will tell a prospective employer ONLY the dates of employment of a former employee.
  • Many employers will include in the employee’s file a note stating whether or not the employee is eligible for re-hire. That is helpful especially for the future as memories fade.

Make sure your files are in order. Go do a self-audit today and see if you’d pass an inspection by the Department of Labor. It is better for you to do your own checkup than get fines and fees.

 

Lead On!

Steve

 

When a Pastor Leaves

A pastor will typically serve three to eight churches in his or her career. Coming to a new job is usually filled with joy and excitement but often the departure is tinged with disappointment and even legal threats. In our litigious society, and now with a propensity for retroactive lawsuits, what should a pastor and the church do to ensure there isn’t any lingering ill will so that the pastor can leave well and to protect all sides from frivolous accusations after the separation?

Here is a list of issues to be settled. I strongly suggest getting the answers to all these in a written document which both sides sign and keep. The church should place its copy in the minister’s personnel file.

  • Who owns the books/materials the pastor purchased using church continuing education money while he was the pastor? Can the pastor take those with him or is the church requiring him/her to leave them?
  • Who owns the sermons and other published material he wrote on church time, church computers, and using church staff for research? All material produced by the pastor using church time and resources (office, computer, paper, etc.) belong to the church – the pastor needs to get the church to release those docs.
  • Who will conduct an exit interview so the pastor can tell someone what are some things that need to be done to help his/her successor be set up for success?
  • Who will the pastor give the annual personnel review files to since these contain confidential info?
  • Who will the pastor tell of confidential information he/she knows which involve current members/attendees of the church and that someone must know for the health/safety of the church and its members?
  • A release from ministerial negligence is not legally possible, but the church can pay for the pastor to visit a lawyer so the minister can share with the attorney any info which might jeopardize the church and/or the pastor in the future. Then let the attorney decide what action needs to be done. This conversation is “double protected” by the lawyer and ministerial confidentially understanding in the law.
  • The church can do an “exit background check” to ensure that nothing has occurred recently that they are not aware of. Churches do a background check when a staff person comes but they should also do one when a key staff person leaves.
  • For some staff positions, the church and minister should have a financial/credit background check so that if there is some major debt, the church will learn about it. That debt might have caused him or her to leave because he or she was embezzling to cover the debt.
  • Are there any discrimination issues related to his or her supervision? This can be uncovered through an interview by a member of the personnel team or attorney with each of the pastor’s direct reports to determine if there are any potential issues.
  • What are the specific details and considerations of a severance package, disclosure of that package, what happens if the pastor gets a new job while he is still receiving benefits from that package, etc.?
  • Do you have a release for all financial transactions: personal loans, unreimbursed business expense, credit card payments, perhaps a loan for down payment on house purchase, etc.?

The personnel file of the departing minister must be kept by the church for at least three years (legal requirement) but 10-15 years after the employee leaves is better. That ensures the church has a written record of what happened when the minister was on staff (by then memories have faded or are no longer as accurate about events as they used to be).

All sides need to protect themselves from useless accusations. Having these issues and questions answered allows both sides to separate with dignity.

 

Lead On!

Steve

Church Administrator’s Office

I rearranged the furniture in my office a few years ago. I had the typical setup: desk in the middle of the office with cabinets and shelves behind me and a couple of chairs on the other side of the desk for guests to sit in. When people visited me, there was always a desk between us. When I handed papers across the desk, it was perceived as impersonal and by some even imperial. If I wanted to explain a document, I had to come around the desk and sit in one of the chairs – it was sometimes awkward but it did lend a sense of control and power on my part.

A church administrator, by definition, already has a lot of authority in a church. He or she doesn’t need to have an office that reinforces that. The work the administrator does should demonstrate his or her position in the church, not the office. Many people are intimidated when they go to the administrator’s office just because of the position – some people are even quite fearful. I believe the layout of administrator’s office should help put people at ease. Here’s what I did to my office:

I moved my desk to a corner of the office in a position such that I could see anyone who was at my door (which always remains open).

  • I even downsized my desk because I keep most files electronically and don’t need a big desk to hold files (a lateral file cabinet holds most files).
  • I put a small round table in my office with four chairs. I like round tables because they have no “head” so all chairs are equal.

My office was now set – the round table was the centerpiece (not the desk) and all other furniture was pushed to the sides. Whenever anyone came to my door, I invited them to sit at the table. Most of the time people refused and just asked their question but about once a day, someone did sit and we had a conversation about whatever they needed (I got about 10-15 visitors a day). A couple of times I came to my office only to see others using it because they liked the set up; I took that as a compliment.

Whatever your position in the church, if you have a private office, I encourage you to physically structure your office to eliminate barriers between you and the people you serve. Instead, have a meeting place such as a round table as the main feature which will make your place inviting and less threatening.

 

Lead On!

Steve