South Texas Catholic (Corpus Christi, Tex.), Vol. 32, No. 13, Ed. 1 Friday, June 27, 1997 Page: 9 of 32
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SOUTH TEXAS CATHOLIC
DIOCESE
JUNE 27, 1997—9
Ministry Basics
Legal issues for the new pastoral coordinator
Property liability...handicap access...accidents on the sidewalk...liquor on parish
grounds...health codes...lawsuits...background checks...
By Rev. Karl Ganss
Jessica Nolan looked at the memo
from the diocesan insurance company
and winced. She had taken the job as
pastoral coordinator of St. Joseph Parish
to do “real" ministry, but now she found
herself enslaved to the latest liability
checklist from the diocese.
Jessica sighed and jotted down a few
“must-dos" on her memo pad.
Part of the Job
Whether Jessica believes it or not. a
vital part of her job as pastoral coordi-
nator is legal awareness. As is the case
with pastoral coordinators in most
dioceses. Jessica has received basic
training. In addition to an explanation of
her role and job description, she has
studied the portions of canon and civil
law that relate to her ministry. She has
explored the resources, policies, and
procedures of the diocese. She has
learned the lines of accountability
linking her with her supervisor and the
diocese.
But despite all this information,
Jessica will still have to experience her
job firsthand by solving the unique
problems that come her way. For
example, she will have to consult the
parish financial council when she faces
major purchases. She will have to ask
the bishop's permission when expendi-
tures go beyond the limit of the council
recommendation.
Jessica will also have to experience
the pitfalls of her.position. She will
learn to make referrals and steer clear of
areas where she might have no exper-
tise—for example, in the realm of
counseling, Jessica will have to estab-
lish a resource file of reputable profes-
sionals to do the tasks she is not
qualified to do.
However, Jessica should also be
aware that her diocese supplies liability
coverage for any legal challenges in the
normal course of parish administration.
The coverage varies from location to
location, but is usually substantial
enough to deal with any litigation.
Prudence and prevention are very
important parts of the pastoral
coordinator's legal responsibilities. For
practical purposes, there are three basic
areas to consider: property, programs,
and personnel.
Property
Property liability is always a concern.
Sidewalks need to be in good repair.
They must be shoveled and kept free of
ice in the winter. At other times of the
year, they must be free of dangers and
accident-causing traffic, such as
children using skateboards, roller
blades, bicycles, and other equipment.
(Fences also enhance pavement safety.)
Parish buildings are required by law
to be handicap accessible with ramps,
railings, and other helps. Rest rooms
must allow for wheelchair traffic, with
easily reachable sinks, stools, and other
fixtures. (Very often when major
improvements or additions are made,
churches are required to bring things up
to code.)
Schools require special awareness.
They must accommodate students with
unique physical needs. Bathroom
fixtures must be low enough for
kindergartners and first graders.
Drinking fountains must abound. (Water
must always be free of radiation and
other contaminants,) Exits must be clearly
marked.
Sometimes there are additional demands
because of title programs. For example, in
order to qualify for lunch programs,
smoking must be eliminated from build-
ings and grounds.
There is another legal wrinkle that parish
administrators should be award of. This
involves parishes whose school buildings
or facilities are rented by the local public
school district. Because of separation
between church and state, any property
leased by the public school must conform
to public standards. That means religious
symbols would have to be removed—
something local parishioners would
naturally dislike. Many times such
agreements require the parish to bring the
buildings up to code and to incur added
liability insurance.
Programs
Parish trips and other outings provide
another context for legal concern. Even
though permission slips are not one
hundred percent exonerating, they at least
establish the fact of reasonable precaution.
Fund-raising events also require the
pastoral coordinator’s attention. The parish
carnival can be a great community builder,
but it also has its downside. Rides, outside
electric cables, outdoor stages, booths, and
other structures must observe the local
codes. Health regulations are also a must.
For example, perishable foods should be
refrigerated. All food preparation should
be done on the grounds in a sanitary
kitchen with stainless steel sinks and other
approved equipment.
In many parishes Bingo is an important
part of the parish income. The pastoral
coordinator needs to exercise thoroughness
in filling out permit applications and
reports. Federal and state requirements
regarding bonding and other measures
must likewise be observed.
In addition to fund-raising activities, the
parish often provides a setting for indi-
vidual parishioners’ social needs. A
wedding reception, a family Christmas
party, or a family celebrating a wedding
anniversary—all are festive events with
legal implications.
An initial concern regarding such
gatherings is the use of liquor. If the parish
has a ban on alcohol, social events may not
present much of a problem. In parishes
where liquor is allowed, the pastoral
coordinator will have to promote caution
and moderation. (In view of such private
social celebrations, many dioceses require
special insurance on the part of the
parishioner. The diocese itself may offer
single-event coverage for a nominal fee, or
the parishioner may choose to add a rider
to his or her homeowner’s insurance.)
Personnel
The most important datum where
personnel is concerned is a knowledge of
hiring and firing procedures.
Even though the parish may not be able
to afford many staff members, the pastoral
coordinator should know the mechanics of
interviewing. Not only should interviews
be inclusive, allowing all qualified
candidates to apply, but the process itself
should be free of discriminating questions.
For example, the pastoral coordinator
would not ask the applicant’s age or
intentions about starting a family. Also the
coordinator would not delve into questions
about impairments that would not affect
job performance.
A modern concern arises with people
who work around children. Police
background checks are now required.
This includes teachers, helpers, cat-
echists, janitors, and others who come in
contact with young people.
When it comes to parish projects, the
pastoral administrator has to be careful
about using volunteers for hazardous
tasks, such as painting on scaffolds and
other potential accident-inviting situa-
tions. Parishes are legally vulnerable in
using such “free" labor.
The other side of hiring is firing. As a
supervisor Jessica is responsible for
dealing with staff members—even those
who work part-time—and volunteers
whose performance is substandard. She
should conduct periodic evaluations to
call attention to shortcomings and to
track performance improvements. An
important aspect of such supervision is
the documentation of supervisory
meetings.
If Jessica should decide to fire some-
one, she should act prudently, respecting
the integrity of the individual and the
[ good of the parish. When appropriate,
she would do well to seek diocesan help.
Any parish employee has a right to see
his or her personnel file and to add any
explanatory information deemed neces-
sary. It goes without saying that since
confidentiality is paramount in any job
situation, no file may be released without
express permission.
Aside from hiring and firing personnel,
pastoral coordinators must also be aware
of the legal implications of dealing with
difficult parishioners. Kindness and
diplomacy are vital in protecting the
parish from possible litigation. If compro-
mise is not possible, however, the
pastoral coordinator should work closely
with the diocesan legal department.
Prudence and Prevention
Obviously there is no absolute way of
avoiding legal conflict. The important
thing is for the pastoral coordinator to use
preventive oversight and to show
reasonable diligence in protecting the
safety and integrity of the people of the
parish.
Jessica Nolan still has her “druthers"
about the legal awareness side of her
ministry, but she is gradually getting to
the point where she can appreciate the
importance of practical safeguards. In
fact the diocesan insurance bulletin is
becoming less of a bother and more of a
help as she finds her way through the
administrative side of her ministry.
Rev. Karl Ganss is pastor of St. Mary
Parish. Dekalb, Illinois, and director of
spiritual formation in the Diocese of
Rockford. This article is reprinted with
permission from the March 1997 edition
of Today’s Parish, published by Twenty-
Third Publications, IS5 Willow Street,
Mystic, CT 06355.
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Espitia, Paula. South Texas Catholic (Corpus Christi, Tex.), Vol. 32, No. 13, Ed. 1 Friday, June 27, 1997, newspaper, June 27, 1997; Corpus Christi, Texas. (https://texashistory.unt.edu/ark:/67531/metapth856099/m1/9/: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .