Church Security and the Law

Transcription

1 Church Security and the Law C. Kay Landwehr, JD Associate Attorney Legal Disclaimer This presentation is intended to convey general legal principles. No legal advice is being provided. Please consult with an attorney who's licensed in your state to see how specific legal principles and laws may affect your ministry. Security At Church? Increasing numbers of church leaders are thinking security these days. No wonder. Recent shootings and other disturbances at churches have made even the most sacred places we know vulnerable to violence. Church leaders who have a security strategy in place are rethinking them. Those who don t are wondering how they go about developing such a strategy.

2 Typical Security Concerns Violent incidents Disruptive incidents Missing children Domestic violence on church premises Medical emergencies Weather emergencies Lockdowns and evacuations As You Begin: Questions To Ask What duty do we have to protect our ministry participants? What is required in a security program? Should we allow concealed carry weapons on our property? Legally, what policies and procedures should be in our security program? Legal Duty to Protect Others from Harm General rule Landowners can decide who to invite onto their property. When they do, landowners must 1. Protect against unreasonable risk of physical harm. 2. Provide first aid to the ill or injured until they can be cared for by others. Exceptions causing higher duty Special relationship (e.g., minors, disabled, etc.) Voluntary assumption of duty (e.g., lockdown, etc.)

3 Situation 1: Hypothetical It s a typical Sunday morning people coming and going throughout the building. A mentally unstable man enters the building, hitting and knocking over individuals, injuring several of them as he enters. The man was at the church previously and members of the security team escorted him out of the building then. What is the church s liability? Legal Implications Whether or not the church security team was required to prevent this situation or call 911 is a potential question relating to reasonable care. Reasonable care is the degree of care that a reasonably prudent person would use under like circumstances. In similar cases, such questions have been referred to a trial court for a jury to decide. Situation 2: Hypothetical A non-custodial parent asks nursery workers to release his child to him after Sunday services. Nursery workers know of a restraining order limiting the non-custodial parent s contact with the child and refuse to release the child. The non-custodial parent becomes irate. Nursery workers call church security to escort the man from the premises. What is the church s liability?

4 Legal Implications Special relationship applies to church-child relationships. Churches serve in place of parent while child is in church s custody. Reasonable care to protect children from harm includes a duty to take whatever precautions are reasonable to prevent harm to children in its custody. Situation 3: Hypothetical Church hires a guard from a local security firm to work with unarmed security team members. Church fails to check his qualifications or training and provides no guidance regarding weapons. An estranged husband enters a Bible school class, grabs his estranged wife, and holds a knife to her. The hired guard rushes into the room, pulls his firearm, shoots, and inadvertently kills the wife. What is the church s liability? Legal Implications Negligent hiring may occur when the organization knew or should have known that the hired worker represents a risk of harm to others. Organizations that hire independent contractors are somewhat insulated from the acts of the contractor, but they are not immune. The duty to behave reasonably in the hiring and retention of independent contractors still exists.

5 Security Program: Legal Non-Negotiables Hiring/selection Establish a screening process. Require appropriate skill sets. Supervision Document all Incidents thoroughly. Use suspension and termination appropriately. Training Target appropriate skill sets. Demonstrate mastery of skills. Insurance (We ll get to this next session.) Concealed Weapons at Church You can decide who has the right to carry on your property. Duty to protect vs. right to carry Second amendment does not restrict the rights of private landowners. Conditional invitation onto your property. Coordination is key.

6 Security Policies and Procedures Security program policies Security program procedures These items are not synonymous! Security Program Policies Policies are: The who, what, and why for your security program. Statement of general rules to address anticipated circumstances. The philosophy of your security program. Security Program Procedures Procedures are: The how, when, where for your security program. Step-by-step instructions for how to deal with anticipated circumstances. The security for dummies manual of your security program. Procedures will be the part of your security program most scrutinized by litigators. Draft with care.

7 CAUTION An effective security program is specific to your ministry. A canned security program downloaded from the Internet or taken from a commercial manual is NOT an effective or appropriate program for your ministry. Taking the time to implement a streamlined and customized program is far better than simply adopting a complex canned program. A simple program that s well-executed is better from a legal perspective than no plan at all. LegalAssistance Get answers to your ministry s legal questions from LegalAssistance. See the LegalAssistance brochure in your materials. A free service from. Find out more at: 20 Ministry Security and Insurance

8 General Overview Common Insurance Questions Will team members be covered individually for lawsuits caused by a security incident? Will an intentional act by a security team member invalidate our coverage? Does our insurance cover an armed security team? What special coverages do we need to adequately cover our security team? What If Team Member Coverage A team member physically subdues a disruptive individual, breaking the person s leg. The individual then sues the church and the team member. General commercial liability coverage The church has coverage under its general liability policy. Some commercial liability policies will require the team member to seek primary coverage and defense from a homeowners policy, but may provide excess coverage. Key question: Are volunteers covered (as individuals) in your policy? 23 What If Insurance Exclusions A team member uses excessive force during an incident and causes serious bodily injury. The injured person sues the church, the team member, and the security director. General commercial liability coverage Whether or not the church is covered will depend on how the carrier interprets its intentional acts exclusion. Whether or not the team member is covered will depend on how the carrier interprets its exclusion and who the policy covers. Whether or not the director is covered will depend on how the carrier interprets its exclusion and who the policy covers. 24

9 What If Armed Security Team An incident at church requires a team member to fire her weapon, injuring the threatening individual. The individual sues the church and the team member. General commercial liability coverage Unless specifically stated in an exclusion, liability policies provide coverage for security operations whether or not the church permits security team members to be armed. Whether or not the intentional acts exclusion applies will depend on the carrier s interpretation of reasonable force. 25 Common Coverage Gaps Generally, coverage gaps apply both to victims of security incidents and to members of the security team. Medical payments Typical limits may be far too low for a traumatic incident. Wage loss Typical wage loss reimbursement may well be too low for a traumatic incident. 26 Common Coverage Gaps Primary coverage Commercial and homeowner carriers may play hot potato with primary coverage responsibility. Post-incident counseling Typical liability policies do not provide post-incident counseling to witnesses, employees, or team members. Moral vs. legal obligations Insurance covers most legal obligations, but may not cover what you feel may be a moral responsibility. 27

10 Common Coverage Gaps Incomplete coverage Most general liability policies state that emotional injury is covered only if it results from bodily injury. Brotherhood Mutual s Security Operations Coverage*, which we offer as an optional liability coverage, provides stand-alone coverage for emotional injury claims. Loss of coverage Some insurers have cancelled coverage after learning that a church had established an armed security team. *Note: Even if you are a Brotherhood Mutual policyholder, this optional coverage may not be on your policy. 28 Common Coverage Gaps 29 Traumatic Incident Optional Coverage* Coverage specifically for a traumatic incident Increased medical payments limit Increased wage loss limit Individual/family counseling benefit Coverage for extra expenses Hiring public relations assistance LegalAssistance Temporary meeting space *Note: Even if you are a Brotherhood Mutual policyholder, this optional coverage may not be on your policy. 30

11 Security Operations Optional Coverage* Coverage specifically for emergency response incidents Increased medical payments and wage loss limits Individual counseling benefit Primary coverage for team member liability Modification of intentional acts exclusion Personal injury and emotional injury coverages Personal injury related to enforcement of weapons policy Emotional injury related to enforcement of weapons policy Emotional injury related to security operations generally *Note: Even if you are a Brotherhood Mutual policyholder, this optional coverage may not be on your policy. 31 Security Exposure Coverage Gap

12 Passport To Ministry Program Keeping your people safe creates new challenges when your ministry sponsors foreign mission trips. The Passport To Ministry program provides: Accidental medical and sickness coverage Medical evacuation coverage Security assistance services Travel security information Security Crisis Center Political evacuation assistance Contingency political evacuation planning 34 LegalAssistance Get answers to your ministry s legal questions from LegalAssistance. For more information, see the LegalAssistance brochure in your materials. A free service from Find out more: 35