Some misconduct issues are abundantly clear, and termination is warranted. These are cases involving abuse, a clear departure from the Church’s theological beliefs, sexual misconduct, or financial misconduct - such as embezzlement.
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.
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.
Once it is determined that termination is warranted, it is important to follow and communicate a very clear process that should be laid out and guided by the church’s corporate governance documents. Evaluate any employment contracts, policies, and past practices to ensure you are following all required processes for the termination of an employee. Consider entering a separation agreement to help smooth this very difficult transition for your church.
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, especially in cases that warrant termination. Mismanagement in addressing misconduct causes a significant level of collateral damage and is an area of incredible legal and financial vulnerability.
Communicating the misconduct and leaders' decisions around discipline is important. If it’s a discipline issue resulting in the termination or resignation of a pastor, this will need to be communicated clearly and carefully to the staff and congregation. We do not recommend allowing the involved pastor to communicate directly with the congregation.
It can be tricky to know how much and how to communicate. Do not issue any communication without running it past legal. Legal counsel can help you know how much and what is appropriate to communicate.
Prepare a written statement of the situation to be read to the congregation. This will keep you on track with what needs to be communicated and help you not overshare inappropriate details. Include the pastor involved, the general nature of the misconduct, and the consequences.
Moving Forward
Rebuilding trust with the staff and the church body will take time. Wounds from pastoral misconduct run deep and it will take time to recover from the sense of betrayal, disappointment, and disillusionment. It is wise to avoid major changes for the next year as you rebuild trust.
Assess your blind spots. Allow outside voices to evaluate your culture, to highlight areas of weakness that may not be apparent to your church staff.
Ensure that your church has good accountability and care structures for your pastors. Do pastors have regular time away, Sabbaticals, proactive marriage counseling, and outside friendships? Does your church hold your pastors to a high standard of accountability through a required mentoring program?
Evaluate your policies and procedures. Do you have a clear process for discipline? Does it apply to all employees? Do your documents clearly provide who makes the decisions for termination, restoration, etc.? Are these decision-makers aware of this responsibility? Assessing your policies and procedures is critical to the health of your organization and its future.
Addressing Misconduct is a hard topic, but do not be discouraged. While pastoral misconduct yields collateral damage to many, the inverse is true as well. Pastoral faithfulness yields collateral good on the family of God and beyond.
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.
