Pastors aren't perfect, and no one expects them to be. But where there is behavior that fails to live up to the qualifications of a leader as outlined in scripture, it must be taken seriously.
It is important that as ministry leaders, we recognize and remember that at some point, we all need correction and guidance. Some of the most overlooked areas of misconduct are pride, anger, lack of self-control, and gentleness. These areas, left unchecked often turn into bigger issues. From our experience and observations, "small" misconduct left unaddressed is often an indicator of what is to come.
The most common types of misconduct an organization addresses are sexual infidelity & financial misconduct. It is important to note that there is no such thing as “affairs” between clergy & counselees in Texas, and many states have laws in place to protect congregants caught in complicated power dynamics.
Misconduct in churches and ministries causes a significant level of collateral damage. Betrayal, heartbreak, uncertainty, breach of trust, cynicism, anger, and financial setbacks are just a few of the things individuals and organizations face when misconduct occurs.
LEGAL FACTORS MUST GUIDE DECISION-MAKING
When addressing misconduct, let legal factors guide the decision-making process. Many organizations get in deeper trouble because they address the misconduct before contacting legal counsel. This not only creates more legal liabilities for your organization but can also cause major financial losses. Review organizational documents and figure out who has the authority to make decisions. Make sure you understand employment contracts and review the policies and practices of the organization.
It is natural to have mixed feelings when addressing misconduct. Decision makers, who most often know and care for the parties involved, must hold the tension. Be guided by scripture and prayer. Be aware of your own natural impulse towards grace or justice. Recognize your church’s theological bent. Seek wise and legal counsel. Understand there is no perfect response, and make the best decision you can with the facts you have.
LEGAL RESPONSIBILITIES OF THE BOARD
The board owes fiduciary duties to the church to act in the best interest of the church. A board runs afoul of these duties by overlooking or excusing the bad acts of an employee where such behavior exposes the organization to legal claims. It can also fail in its fiduciary duties when it provides an unbalanced severance payment to an employee.
Overlooking misconduct could seriously expose the church to liability. An employer can be legally responsible for keeping a person employed when the church “knew or should have known” that the employee had engaged in prior bad acts.
RESPONDING TO MISCONDUCT
Some misconduct issues are abundantly clear, and termination is clearly warranted, while other situations are more complex. Boards have three options when addressing misconduct.
Option One: Termination
Option Two: Leave of Absence
Option Three: Restoration Plan - After Absence or Discipline
The way an organization deals with misconduct not only affects the directly involved parties but also has a ripple effect on the greater community. If your organization does not have a trusted legal counsel to help guide you through this time, please reach out to us.
The information provided in this article does not, and is not intended to, constitute legal advice or investment advice; instead, all information, content, and materials available in this article are for general informational purposes only. The information contained in this article may not constitute the most up-to-date legal or other information. This article contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the author does not recommend or endorse the contents of the third-party sites.
Readers of this article should contact their attorney to obtain advice with respect to any particular legal matter.
Anthony & Sparkman, PLLC is a law firm with attorneys located in both Dallas/Fort Worth and Kalispell, Montana, that provides legal counsel to both churches and nonprofits around the world. John Anthony & Michele Sparkman have spent over a decade providing general counsel to churches and nonprofits on issues ranging from incorporation, governance, employment, policies and procedures, taxes, succession planning, real estate development, and much more. For more information, visit our website at www.thenonprofitteam.com.
