Background Checks

Background checks are one of the many things in the past few years which have changed the way we do church. It is a legal necessity and not doing them can put a church in a legal hot spot. The best question to ask is the prudent person rule: What would a prudent person do in this situation? That is the rule of thumb I’ll use to answer the following

  • Frequency

o   There is no legal requirement for how often a background check should be done. A good rule is to do them once every three years. Every five years is too infrequent and every year is too expensive.

  • Cost

o   Basic background checks cost $10 to $15 for a social security number check, sex offender, criminal check, and address confirmation. However, some state, county, or city governments do not put their information online which means the background check companies spend extra money to obtain that info and they’ll pass that cost on to their customers. These additional fees can push a check up to $30 or $35.

o   There are more extensive background checks which cost more money but those should only be done if there is cause.

  • Who

o   The scope of who gets a background check must be defined clearly. The recommendation from a professional in this field is that your “average” volunteer have a basic background check. If something is uncovered, then a more extensive background check could be done or using that information, eliminate the person immediately.

o   Minors cannot have a background check without the permission of their parents. Typically I do not do background checks on minors. However, minors can be charged with adult crimes. For instance, I did a background check on an 18 year old woman who, the year before, had been charged with two counts of attempted murder.

  • How “deep”

o   Most background checks are pretty superficial and that is sufficient. You don’t want to go prying into someone’s past. That is not what a prudent person would do – do just enough to get the necessary info without being intrusive.

  • Who receives the reports?

o   There should be one responsible person to receive and review the background checks. Never share this information unless it is absolutely necessary and typically it is not.

o   If something is discovered, it is best to meet with the person and explain what was found and how, if at all, that will affect their work at the church, whether as a volunteer or employee. The person already knows the reason for the visit but it is good for them to know that the church knows, too.

o   For instance, I have a three-year rule for traffic citations but DUI citations are a lack of good judgment which require more time to elapse (about 5-10 years).

  • Sharing the information

o   The data in the report is personal and confidential. Only a very few people at a church should have access to this information. The person on whom the check was done can get a copy of their background check – that is perfectly acceptable since it is all about that person. I’ve even given the background check to an employee who volunteered in another organization; he gave the report to them and saved them the cost of a background check.

  • Finance Office Staff

o   Those with access to the church’s money have a higher threshold. For this staff I recommend an annual credit check. That is more expensive but it means that once a year, someone is reviewing a document which will reveal if a person has undue debt and is thus open to embezzlement to take care of their financial problems.

Always be sure that you can, with integrity, answer this question:

“Can you stand in front of a judge and tell him or her that you did everything that a prudent person did to protect the children who were in your care?”

 

Lead On!

Steve

 

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

 

Employer References Regarding Employees

What should former employers do?

o   Sometimes a prospective employer will call a former employer regarding a potential employee in an attempt to get a reference. What should the former employer say or do? The answer is very simple: tell the prospective employer ONLY the dates of employment of a former employee.

o   The former employer may know of behavior that is unprofessional, but revealing that to a future employer can be fraught with legal dangers. The information in an employee’s annual evaluation is typically a judgment call by a supervisor. That opinion can be the result of several factors, even emotional reactions to a specific situation. Years later, those emotions and decisions may no longer be valid. Thus, only the facts related to the former employee’s employment dates should be given.

What should a prospective employer do?

o   Always call a former employer of a prospective employee. I suggest calling one or two immediate prior employers to see if there is anything which the prospective employer should be aware of. While a former employer may not give information (see above section), some will.

o   Get information about personal relationships and professional behavior – asking about those two items may lead to knowledge that will affect the hiring decision.

o   If a former employer will not provide any information, then ask the following question: “Would you hire this person back?” The former employer may not give a full verbal answer, but the way they answer that question might provide all the information needed. Listen closely.

 

Lead On!

Steve

 

 

Top 10 Ways to Help the Finance Office (part 3 of 3)

A colleague asked me how staff and lay members can help the church’s Finance Office. Here is my top ten list; yours may be different – let me know what I left out.

8. Forms are not evil

  • Most forms from the Finance Office are required by a Federal or State agency (IRS, Dept. of Labor, etc.) or by good accounting principles adopted by the Finance Committee.
  • If you don’t know how to read a form, the Finance Office staff can help you since we deal with these forms every day and you probably don’t see them very often. Please ask for help.
  • Turn in your paid time off (sick, vacation, etc.) forms regularly. Do NOT wait till the end of the year or quarter to do that.

9. Learn to read financial statements and read them regularly

  • You need to know what is being spent from your budget.
  • Some expenses are charged to your budget without your prior knowledge such as expenses for the copiers and postage meter – that’s another good reason to read financial statements.
  • Knowing the financial status of your ministry area will help you lead your lay member teams better, too.

10. Consider all payments you make to be open for others to see

  • When you spend church money, always ask yourself “Can I explain this expense to the average church member?”
  • All expenses should be for things that advance the cause and mission of the church. Anything less is poor stewardship.

A concluding note: The Finance Office does make mistakes, but we try to keep these to a minimum. Please help us by reviewing your pay stubs to ensure you’re getting paid correctly, reading your financial statements, and meticulously doing anything and everything related to finances.

 

Lead On!

Steve

The Most Important Job in the World

Working for God is it. Whether you’re paid or not paid, working for God is a job like no other. And like other jobs, it has its own standards by which the workers are measured: what are your motives (it should be based on love) and what quality of work will you do (the answer is excellence). All too often we let paid workers off the hook and don’t expect high quality work from them, and that is wrong.

The Old and New Testaments have strong words for prophets and priests who are self-serving and who ultimately take their followers down the wrong path. There is a high standard for paid church workers and to fall short is to undermine God. God demands excellence – not perfection.

I’ve seen too many churches who hire people because they need work and they can’t get work anywhere else. The church is compassionate and wants to help. And that is good. But a church should never hire a ministry (to quote Andy Stanley). Always make the distinction between someone who needs help (financial, food, transportation, etc.) versus the needs of the church to get work done.

Church leaders (paid and lay) must always expect the best from every staff person. If someone can’t get a job anywhere, there must be a reason no one else is hiring them. The church can pay for training for him (but not on the job training), give him food and clothes or pay for rent. But do not give the person a church job. That will ultimately hurt the church and the current good employees who will think they can lower their own standards.

Churches as employers must expect great work. To be satisfied with anything less creates an unhealthy work environment and perhaps even a poor worship place. Church staff must do great work for a great God. Church employees must have a standard so high because of their ultimate boss that even corporate America is jealous. Church workers must do such amazing work that there is no question they are pursuing excellence. To do anything less is to short-sell God.

 

Lead On!

Steve

 

The “Dying Season”

Jane Wilson was the Senior Adult Minister at South Highland Presbyterian Church. In the late 1990s she told me that January through April, just four months, are “The Dying Season.” More senior adults die in those 17 weeks than the rest of the year combined.

  • The weather in the northern hemisphere can be cold and harsh
  • Christmas and Thanksgiving have passed so there is no major social event “to live for”

Church staffs should prepare themselves the rest of the year to handle the emotions of the Dying Season and they should educate the church members, too, about this time of year. There is little that can be done to stop this except perhaps provide social events in the springtime that will make people look forward to what is coming.

Jane’s comment so many years ago has made me accept better that I lose too many of my friends during a very short and harsh season. Thank you, Jane.

Lead On!

Steve