Church Law Podcast

High-profile shootings at churches—among them, New Life Church (Colorado Springs) in 2007, Emanuel African Methodist Episcopal (Charleston, South Carolina) in 2015, and First Baptist Church (Sutherland Springs, Texas) in 2017—often draw renewed attention and discussion about church security. Last month’s shooting at a church-run school in Nashville again put the issue back in the national spotlight.

But what exactly is church security? How should church leaders think holistically about safety and security as part of their broader ministries and missions?

In this episode, Erika interviews Simon Osamoh, founder of the Minnesota-based Kingswood Security Consulting. Drawing upon years of experience, including time spent as a detective with the Thames Valley Police in England and as special operations manager for the Mall of America, Osamoh explains the “soft target” nature of churches and the initial steps church leaders can take to begin developing a culture of safety and security in their congregations.

Erika also points out numerous other security issues church leaders should remember as they assess potential risks and put plans into action. 

“In an Era of Mass Shootings, a Call to Prepare—Not Panic,” by Matthew Branaugh

“10 Standards for Starting a Security Program,” by Church Law & Tax

“Responding to Gun Violence Concerns at Churches,” by Richard R. Hammar

“Why Domestic Violence in the Home Endangers Your Church,” by Ruth Moon

“Responding to Threats,” by Gisele Kalonzo-Douglas

“Q&A: How Should Churches Respond to Threatening Messages,” by Frank Sommerville

Download your FREE copy of The Church Attorney Legal Audit® System document checklist here.

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks. She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

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A survey last fall by CNN and Kaiser Family Foundation found the majority of American adults believe “there’s a mental health crisis in the US today.” Churches have a great opportunity to connect the redeeming power of the gospel to those suffering mentally and spiritually.

In this episode, Erika Cole speaks with Dr. Pernessa C. Seele, who has spent 35 years working to help use a faith-based approach to help heal individuals and communities facing mental health challenges. Dr. Seele helps define mental health and explains the ways churches can support the well-being of their leaders and congregants.

Erika also offers some of the policies and procedures church leaders should embrace to ensure their congregations are ready to assist an individual when warning signs arise, and explains the cautions that should be exercised when it comes to counseling individuals dealing with mental health issues.

She also includes time to discuss the do’s and don’ts for creating a counseling ministry in your church.

Episode 23: Healthy Leaders, Healthy Churches, Reduced Legal Liability

Episode 24: Helping Pastors Get Financial Healthy, with guest Elaine Sommerville, CPA

“What Pastors Need to Know About Mental Health, Ministry, and Liability,” by Samuel Ogles

“Counseling,” by attorney and senior editor Richard R. Hammar

“Clergy-Penitent Privilege,” by attorney and senior editor Richard R. Hammar

“Why Domestic Violence in the Home Endangers Your Church,” by Ruth Moon

Download your FREE copy of The Church Attorney Legal Audit® System document checklist at here.

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is the creator of The Church Attorney Legal Audit® System, a proprietary legal audit process that helps church leaders be confident they are operating with integrity, and avoiding costly risks.  She serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

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A national survey shows 68 percent of Americans worry about their finances. Pastors are among those sharing such sentiments—in 2015, for instance, a National Association of Evangelicals survey of 4,000 pastors showed that many carry heavy loads of student debt and are unable to save for retirement or emergencies. Many worked second jobs.

In this episode, Erika more closely examines the challenges of financial stress and strain on pastors, and how it can create unhealthy dynamics ultimately affecting the church. Erika’s guest, CPA Elaine Sommerville, is the author of a book on church compensation and benefits planning, and together they discuss the ways church leaders need to evaluate the pay and benefits packages they offer.

Erika and Elaine talk about retirement planning. They also take a closer look at bivocational pastors, the differing needs, the challenges, and the ways churches can be fair to their unique situations.

As Erika and Elaine both note, conversations about financial well-being need to happen—and churches need to take the lead to ensure their pastors aren’t blindsided later in life.

SHOW NOTES:

Church Compensation, Second Edition, by CPA Elaine Sommerville

“The Financial Health of Pastors,” by Lee A. Dean

“Retirement Planning for Pastors and Staff,” an on-demand webinar with CPA Elaine Sommerville

ChurchSalary.com

Download your FREE copy of The Church Attorney Legal Audit® System document checklist at ErikaCole.com

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

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Good physical health requires good priorities, be it how we exercise or eat. In the same way, churches experience good health—or not—by decisions made to maintain their health. In this episode, Erika casts vision for several upcoming episodes focused on developing healthy churches by outlining the five components she believes shape a healthy church.

Whether dealing with pastoral burnout, budgeting decisions, counseling ministries, or church safety concerns, leaders must make certain they prioritize well, whether in their own lives or in their collaborative work on behalf of their churches. As Erika says, “When leaders are healthier, churches are healthier, and when churches are healthier, there are fewer legal liabilities.” 

ErikaCole.com

Episode 7: Why Preventing Pastoral Burnout Helps Reduce Legal Liability 

“The Pastors Aren’t All Right: 38% Consider Leaving Ministry,” by Kate Shellnutt

Episode 17: Pastoral Accountability for Healthy Churches

Take the Next Call, a six-week course with Erika Cole

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

As Church Law podcast’s reach expands, so too are the questions sent by its listeners. In this episode, Erika is joined by Matthew Branaugh, attorney and editor for Church Law & Tax. Together, they tackle several questions church leaders frequently ask, including:

·      What are the steps to dissolve a church?

·      What legal liability does a church face if it allows someone who is potentially violent to attend?

·      What is the best way to honor ministers with monetary gifts?

·      What are the risks associated with using others’ music and lyrics on social media platforms?

·      How should a church handle its property tax exemption?

Learn the answers to these and several more relevant questions—and feel free to send your questions for a future episode to [email protected]. 

The Church Attorney's Guide to Church Mergers by Erika E. Cole

“Is a Merger the Right Next Step for Your Church?” by Erika E. Cole

Episode 20: The Ins and Outs of Church Mergers

“Drawing the Line on Danger” by Lee Dean

“Responding to Threats,” by Gisele Kalonzo-Douglas

The Church Attorney's Guide to Love Offerings by Erika E. Cole

“Should Your Church Get Political?”

“Churches and Political Activities”

Episode 10: Why Churches Need More Giving Options

“Are You Prepared to Accept Bitcoin Donations?” by Michael E. Batts h

“Photos on Church Websites—Learning From Our Costly Mistake” by Ed Marino

“Evaluate Property Tax Exemptions Annually,” from the staff of Batts Morrison Wales & Lee

Episode 12: HR Matters for Churches

“Minimum Wage and Overtime Pay Requirements May Apply to More Church Employees,” by Richard R. Hammar

Episode 16: Answering Listeners’ Questions About Legal Issues

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law.

She currently serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

The past few years have brought numerous challenges to churches, particularly as the COVID-19 pandemic altered weekly attendance and in-person events.

Those alterations affected giving levels, creating stress on some church budgets. And now, even with signs the pandemic is slowing heading into 2023, inflation has jumped, creating only more turbulence.

These conditions have left many congregations reassessing their directions and priorities as they look for ways to move forward.

In this episode, Erika is joined by Mike Poirier, senior vice president of ministry lending for Christian Community Credit Union (CCCU). Together, the two identify key pressures and ask key questions along with sharing ideas on the ways churches must respond in the “new normal.” Mike also shares some helpful benchmarks—such as cash flow and debt reserves—that can shed light on a church’s financial health and vitality, plus tips for working with lenders when struggles arise. 

ErikaCole.com

The Church Attorney's Guide to Church Mergers, by Erika E. Cole  

Church Finance: The Church Leader’s Guide to Financial Operations, by Michael E. Batts

“How Churches May Benefit from COVID-19 Relief’s Employee Retention Credit,” by Kaylyn Varnum, Michele Wales, and Michael E. Batts

“5 Cash Flow Ratios and Measures Your Church Must Monitor,” by Vonna Laue

“Six Debt Ratios and Measurements Your Church Should Monitor,” by Vonna Laue

“Q&A: Should We Start Digging into Our Reserves?” by Michael E. Batts

“Loan Modifications in a Crisis,” by Vonna Laue

“Evangelical Giving Goes Up, Despite Economic Woes,” by Hannah McClellan

“A Peek Inside How Churches Spend Their Money,” by Matthew Branaugh

mycccu.com

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Church mergers appeared to reach an all-time high in 2019, but as more congregations struggle to find their way in the latter stages of the COVID-19 pandemic, the trend likely will only grow. Some churches have experienced financial declines. Others face uncertain futures as pastors resign or retire. And still others find themselves with expensive properties to maintain even as attendance dwindles.

In this episode, Erika examines three principal ways a merger can be done. Using examples from her work as an attorney advising congregations going through mergers, she highlights key considerations and challenges for leaders to note. And as a bonus, Erika touches on several best practices that churches should follow, whether leaders think a merger is in their future—or not.   

Church Mergers: When, Why, and How, from Church Law & Tax

 

The Church Attorney’s Guide to Church Mergers, by Erika E. Cole

 

On-Demand Webinar: Should My Church Consider a Merger Right Now? with Erika E. Cole

 

Merger and Consolidation, by Richard R. Hammar

 

ErikaCole.com

Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Volunteers represent the lifeblood of most any church and finding enough of them is always a challenge. Yet volunteers, by their very nature, act as representatives of a church—and any missteps with their screening, selection, supervision, and training can unfortunately open the door to unwanted legal troubles.

In this episode, Erika delves further into the legal theories behind these potential vulnerabilities for churches, then offers quick tips that can help minimize them across key ministry areas where volunteers most often serve, including children’s and youth ministries, worship services, and transportation. 

Show Notes:

HR Matters for Churches, Episode 12 of the Church Law podcast 

Vicarious Liability (Respondeat Superior), by Richard R. Hammar

Keeping Children Safe in Your Church, Episode 15 of the Church Law podcast

Minimizing the Risks of Child Molestation in Churches, by Richard R. Hammar

Directors and Officers Insurance, by Richard R. Hammar

Risks Associated with Cell Phones, by Richard R. Hammar

ErikaCole.com

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

In this episode, Erika addresses this question by drawing from her nearly 25 years of experience exclusively serving churches and nonprofits. There are state and federal laws, court rulings, and regulations, of course. But what about local governments? Or the laws and rules for international activities? And what about online services, be it online streaming or even the vast and emerging metaverse?

Erika touches on each of these topics and offers high-level takeaways.

Show Notes:

ErikaCole.com

 IRS Publication 1828 Tax Guide for Churches and Religious Organizations

2022 Church & Clergy Tax Guide by Richard R. Hammar

 Recent US Supreme Court Cases and the Church

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

Learn more about your ad choices. Visit podcastchoices.com/adchoices

Stories of moral failures committed by pastors and ministry leaders have become all too common, eroding congregational trust, and creating legal liability. Not long ago, the Evangelical Council for Financial Accountability (ECFA) set out to learn more about what triggers these events—and how churches and ministries might get better at preventing them through written accountability plans and healthier cultures designed to support leaders and encourage transparency. In this episode, ECFA President Michael Martin tells Erika what his organization learned.

 

Show Notes:

“The Dangers of a Quiet Governance Change,” by Erika E. Cole, attorney and senior editorial advisor for Church Law & Tax

The Evangelical Council for Financial Accountability’s resource library

The 15th Annual Church Compliance Conference

 

Questions? We welcome them! Please email Erika Cole at [email protected]. Erika reads each comment and may answer your question in an upcoming episode.

See all episodes of Church Law.

The Church Law podcast is part of Christianity Today’s ChurchLawAndTax.com, a not-for-profit publishing ministry.

Erika E. Cole, Esq., known as The Church Attorney®, is one of only a handful of attorneys in the nation who practices exclusively in the area of church law. She currently serves as a senior editorial advisor for Christianity Today’s ChurchLawAndTax.com.

Learn more about your ad choices. Visit podcastchoices.com/adchoices