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

 

Church Business Meetings (part 3 of 3)

This the third part on church business meetings. In the first section I talked about how to make the membership reports more engaging; the second post was about church programs and reporting how they use their resources, both financial and people, to carry out the church’s vision. This post will be on church decision-making and voting.

Decisions: most decisions should be made at committee levels, since they have more time and information to get into the nuts and bolts of why a decision is necessary. For instance, financial decisions are the realm of the Finance Committee, decisions affecting the church’s staff are the responsibility of the Personnel Committee, etc. It is the duty of each committee to bring to the church a report (see part 2 in this blog series) detailing the actions and reasons. The committee can be asked questions, but the responsibility lies with the committee. If the church body at large disagrees with the committee, then the church body can vote to either replace the committee and/or overturn the committee’s action.

Decisions which affect the entire church body are the ones that should be intentionally brought before the entire church. This requires a lot of education of church members ahead of time. It usually means that information is shared at one meeting, time is built in for members to think about the decision and gain more knowledge, and then everyone comes back to a subsequent meeting for a vote. Asking members to show up at a meeting, get up to speed in 15 to 20 minutes and then vote is not reasonable. If a decision is important enough to be brought before the congregation, then it should be a deliberate decision and not a hasty one. Give people time and you’ll see the “wisdom of the crowds.”

Implementing all or parts of these recommendations will make church business meetings flow more smoothly, be more enjoyable, and lead to better actions by the church. Try to do one of these at a time and incorporate these ideas over a period of months, if not years, and then gauge the attitude toward business meetings.

 

Lead On!

Steve

 

 

Church Business Meetings (part 2 of 3)

This the second part on church business meetings and how they should change. The reason for the change is so the members and guests see the church as dynamic, not as static and boring. I believe that business must be engaging and not merely a recitation of fact and figures. Business meetings should consist of stories of people and how the church is helping them. My first post focused on the membership report. This post will focus on the programming reports.

Reports: the church is about the business of helping people see how much God loves them. The most common way churches do this is through their programming and activities. But if you’re not involved in one of those areas, you probably don’t know what is going on. Why not use the church business meeting to share with the entire church all of the successes (and failures) of the past and the exciting things that are planned for the future?

When the church’s financial report is given, the treasurer interviews ministry leaders saying, “The church has given you X dollars; can you tell us how you’ve used that money?” Then, the ministry leader talks about what they did with the money using pictures, music, children and youth, other adults, and any resource he or she has. The treasurer presents financial information about each ministry area and uses that a lead-in to ask what is going on with that money.

By the end of the business meeting, attendees have seen and heard what their church is doing, who is involved, how much money has been spent and for what, and what is going to happen in the next few weeks and months. Everyone leaves the meetings having been informed about events outside their areas of interest.

At every meeting, the reports from the main ministry areas are a must: missions, age-level programming (adults, young adults, youth, and children), pastoral care, administration, fellowship, and worship (the five purposes of the church). Then, reports can be given by other ministry areas as there is need and time.

One caveat: all reports must be engaging and the treasurer/interviewer must be energetic in asking questions and encouraging the presenter to be enthusiastic. Reading dry reports should not be permitted; the church must be an exciting place to be and the reports must reflect that.

Next post: decision-making!

 

Lead On!

Steve

Church Business Meetings (part 1 of 3)

Most church business meetings are boring – at least the ones I’ve attended. They typically consist of three distinct areas:

  • Numbers: someone presents financial numbers (without giving too much detail lest the audience doze off) and someone else reads a list of people who have joined or left the church
  • Reports: occasionally there is a report about some area of the church and usually these reports are read aloud from the information which is in the packet handed out to all attendees
  • Decisions: sometimes there is an item or two on which church members will vote based on a two-minute presentation

Then the meeting ends, and members leave with very little new information about what is going on in their church. I propose a new format which contains much of the same information, but the presentation is completely different.

Numbers: Every business meeting should have the “nickels and noses” reports (how many people and how much money we’ve got). Financial information, which can be very dry, must be presented to the church in a more dynamic way – more on that in the reports blog (part 2).

  • Membership data should be treated with sensitivity. Most people never know what a church does until they actually experience it, good and bad. What if we told members ahead of time how they can expect to be treated? I can also imagine how members might share that knowledge with other people who have a negative impression of the church in general and sometimes your church specifically. Here are ways to change the membership report:

o   For those who leave the church due to death, the business meeting should pause so that the minister or volunteers talk about the ways the church ministers to the dying and their families. This helps those who are hearing the informatlon to know how their church helps families at some of the worst and hardest times.

o   For those who leave the church to go to another church, someone should talk about how the church reached out to these people to ask them why they left and then explain the reasons, even if the reasons are painful and personal.

o   For those who join the church, there should be a celebration and telling of their stories. New members who are willing could be interviewed at the business meeting so that everyone can get to know something about them. A standard set of “get-to-know-you” questions can be created and given to them ahead of time. Caution: new members must not be forced into doing this – it should be optional, not mandatory.

o   Finally, each new member should be paired with a same-gender long-time member for a year in order to guide the new person through the idiosyncrasies of the church. This pairing will help the new member be integrated to the church and help retain them.

 

Lead On!

Steve

Top 10 Ways to Help the Finance Office (part 1 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, so please let me know what I left out.      

1. Pay all bills on time

  • The church doesn’t want to be seen as a deadbeat, so get your bills/invoices to the Finance Office in a timely way so they can be paid on time.
  • The church has a Christian witness every time it pays its bills
  • If a payment is late, vendors will not want to work with the church and even tell others how poorly the church pays its bills
  • If a payment is on time or even earlier than expected, it generates good will and that is a good thing.
  1. ALWAYS attach receipts to EVERY bill to be paid. NO EXCEPTIONS.
  2. The Finance Office needs TWO weeks to process payments. This allows for sick or vacation time off in the Finance Office and for other crises that arise.
  3. The Finance Office can make emergency payments the same day, but that should be for benevolent or charity needs: medicine, housing, food, and gas for traveling to work.
  4. Fill out the payment request forms for all expenses. Make sure the following are on it:
  • Payee
  • Instructions for delivery (such as “give check to …” otherwise it will be mailed)
  • Budget account number
  • A BRIEF explanation of the expense
  • Dollar amount
  • Signature of authorizing minister

2. Using a credit card is convenient, but it has requirements

  • Every credit card expenses MUST have a receipt which is given to the Finance Office. NO exceptions.
  • Every credit card charge is posted into the financial database so that you can look back at your expenses to see what you spent money on.
  • For EVERY credit card expense, write in the budget line to which that expense should be charged.
  • Turn in all receipts as soon as you get the credit card statement.

3. Paying staff for work is a payroll expense

  • Unless you’re reimbursing staff for a work expense, all payments to staff must go through payroll. This even includes gift cards given to staff.
  • This is an IRS requirement. Don’t blame the Finance Office for this.

 

Lead On!

Steve

 

Creativity Within Boundaries

In beginning: God created the heavens and the earth. Now the earth was formless and empty, darkness was over the surface of the deep, and the Spirit of God was hovering over the waters. And God said, “Let there be light,” and there was light. God saw that the light was good, and he separated the light from the darkness. God called the light “day,” and the darkness he called “night.” And there was evening, and there was morning—the first day.

Genesis 1:1

As a church administrator there is a certain order to this story of creation that warms my heart. There is a goal of conquering the chaos, there is organization to what must be done, there are daily tasks to be accomplished, there is a time of sitting back and admiring what’s been done (crossing it off the list, if you will), and then getting ready for the next day. There is good administration and organization to this job and I like that (I tease my colleagues that Genesis 1 proves that God loves church administrators the most because the first thing God did was get organized – they don’t laugh much).

But look at this story from another perspective: each day had specific things to be done but within those boundaries, there was a fantastic amount of creativity. This shows God’s balance between being right-brained (creative, artsy, subjective) and being left-brained (logical, analytical, objective), the creative and the logical. God established boundaries (left-brain) but within those boundaries, God was massively creative (right-brain). Humans tend to be either right- or left-brain oriented. Very, very few people are both (think Da Vinci as a rare crossover: artist and engineer).

Churches need to use:

  • volunteers who are creative and who are analytical
  • staff who think outside the box and those who are the guardians of tradition
  • people who bring new ideas to the table and those who retain institutional memory

As children learn to use crayons and markers, parents and teachers encourage them to stay within the lines but use whatever colors they want. Staying inside the lines helps with fine motor skills which children must develop but using a variety of colors helps add spice and variety to what is being done. Just as God worked within specific lines, churches must do the same – establish the boundaries and then be creative within those borders.

Churches must establish their boundaries: finances, space, leadership, location, and anything else that will be a constraint to them. No two churches have the same restrictions, but all churches have some limitations. Once a church has defined the lines within which it will work, then it must unleash all forms of creativity. “Blue sky” thinking should rule the day and when ideas bump up against the reality of the borders, then those ideas should come back to reality.

I don’t know how all of this is carried out. I do know that it is possible because I’ve seen some churches do this – they dreamed big, knew what they could and couldn’t do, and then accomplished some incredible feats for the Kingdom. So, be creative but always within the proper boundaries – just like God did.

Lead On!

Steve