Posts Tagged christian camp
Conflict of Interest Policy
Posted by admin in Legal Issues on May 6th, 2009
Many camps hold their annual meeting during their camp season. Now is a good time to examine your bylaws to reacquaint yourself with what they state about your organization.
Your Constitution and Bylaws are the controlling document of your organization and a valuable tool in operating the ministry. Sadly many leaders are hard pressed to find the time to review and revise them. You are not alone (the first church I served had last reviewed their membership list 6 months before my birth) so don’t be discouraged. A little investment of time will help you lead.
One of the areas where your document likely needs some fine tuning is to add a conflict of interest policy.
From the IRS, “The purpose of the conflict of interest policy is to protect this tax-exempt organization’s (Organization) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.” IRS Website
Simply put, if your organization has any business dealings with a director, trustee, officer or other recognized leader of your organization there needs to be a procedure in place to make sure the transaction passes the “sniff test”.
EXAMPLE:
John Smith is a Trustee of Asbury Camp Meeting and also owns Smith Roofing. John has offered to re-roof two of the dormitories. The camp will purchase the materials and John’s crew will do the job for $1,000. The camp board has a duty to ensure there is no conflict of interest in John’s action, for the camp’s and for John’s reputation and integrity.
A simple process might look like this:
DISCLOSE – John or any “interested person” has a duty to disclose when the organization is contemplating doing business with an entity in which they have an ownership or significant affiliation.
DETERMINE – The camp board must determine by an established criteria if a conflict exists.
ADDRESS – The camp board must address the conflict in an appropriate manner. In our example above the camp could do so by having another roofing company give a bid or having a contractor appraise the value of the work.
REPORT – If the camp files an IRS 990 report it needs to report this transaction. Also it is a good idea to report the transaction at the next annual meeting and ensure the transaction and board action are recorded in the camp business minutes. Often this is a great time to congratulate one of your valued volunteers, “John Smith and his crew did a beautiful job repairing the dorm roofs – the job was valued at $8,000 and John’s company would only accept $1,000 for the work.”
Having a plan for dealing with potential conflicts keeps your organization current and compliant with federal guidelines, shows your donors and family you are serious about organizational leadership and integrity and can also save you hard feelings and false accusations.
Link to the IRS Website with a sample Conflict of Interest Policy
Note – The IRS policy is very comprehensive and broad-based. If you are interested in the topic or any issues regarding your bylaws, email me at jim@therisongroup.com.
Child Abuse and Reporting Issues
Posted by admin in Legal Issues on May 1st, 2009
One of the most crucial and stressful moments any clergy person or camp director experiences is when someone confesses to or alleges child abuse.
The scenario often takes place after a counselor sees marks on a student or a student alleges they have been abused. Occasionally and if it is possible to be even more tragically the abuse occurs on camp. In several instances the abuser came to an altar of prayer and confessed the abuse, in one case did so in a public testimony after rising from the mourners bench.
When considering issues of child abuse and reporting there are three questions you need to ask. The answer depends on your state’s statutes. Let me be clear that this is not a moral argument for or against reporting alleged child abuse but rather a question of what you should consider under the law.
First – What is your state’s definition of “reportable” child abuse?
Second – Who is, by law, legally obligated to report in these situations?
Third – How do I report child abuse?

What is “reportable” child abuse?
The definition depends on your state. You can go onto your state’s website or contact your state’s department of child welfare. Generally the person must be or have been under the age of eighteen unless they have a mental disability in which case the age is irrelevant. The abuse may be physical, sexual, mental, emotional or neglectful behavior in the case of a parent or caregiver.
Who is legally obligated to report?
Clergy are often required to report and in some states the obligation pierces the clergy-pentinent privilege, especially in circumstances where a person confesses abuse and still has access to the abused.
School personnel, doctors, dentists, child care workers and other persons are also required to report. In Ohio camp counselors are specifically named in the statute requiring reporting of child abuse.
For example if you have a Medical Doctor who is counseling a young person at the altar and abuse is alleged they may be required to report. In some instances, by definition a camp counselor is required to report. I suggest camps prepare a manual for their youth staff which includes procedure when facing these situations.
How do I report child abuse?
Again, this differs from state to state but generally there are two acceptable ways to report. The first is to contact the state division of child welfare, division of youth and family services or other similar state agency. The second is to contact the county sheriff’s office.
Do not call and leave an anonymous tip or report if that opportunity is available. You will need a record of your compliance with the state laws. If you report via phone or give a statement to an agent of the state it is also a good idea to follow up with a letter documenting that on (x) date you made report to (x) office regarding allegations of child abuse and giving your contact information for follow up. Do not name the parties nor detail the evidence in this letter, the letter is simply to prove at a later date that you have complied with your duty to report.
Failure to Report – Potential Civil Penalties
In the states of Georgia, Iowa, Kansas, Maine, Mississippi, Missouri, New Hampshire, Pennsylvania, Texas, Utah, Washington and Wisconsin those who are required to report and fail to do so may be sued civilly for damages related to their inaction.
A Final Word
Over the past few years in our legal seminar we have addressed these situations and strategies for leadership to prevent abuse and mitigate damage once it has occurred. I encourage you to make arrangements to attend the fall conference – the program is free of charge thanks to our generous supporters. We meet together and share best practices regarding how to lead camp meeting ministries – I assure you there is no other event quite like it.