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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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The Nominating Committee of our church has not followed the

Customer Question

The Nominating Committee of our church has not followed the mandates of the church by-laws for submitting eligible volunteers for open positions for a year. The records have not been accurately kept to support the activity of this very important committee to the church leadership. Regular meetings have not been held for over 8 months. What should be done?
Submitted: 1 year ago.
Category: Business Law
Expert:  socrateaser replied 1 year ago.

Hello,

Is the church organized as nonprofit corporation, or is it simply a church, without any legal formalities?

Is the church part of a denomination with a large hierarchical organization? Or, does the church operate solely under the control of its internal board/trustees?

Thanks in advance.

Customer: replied 1 year ago.
It has a Pastor (Elected), Board of Deacons, Trustees 501c3 status with other elected official.
Expert:  socrateaser replied 1 year ago.

Okay, thanks.

The reason why I ask is because the U.S. Constitution, 1st Amend., "establishment of religion" clause forbids courts from enforcing or resolving internal church governance disputes. From what you describe, unless the records issue is a violation of federal or state tax law, a court could not resolve this matter, because it is internal to the church.

This is also why I asked if there is a hierarchy, because your only recourse to resolve this dispute would be to complain to a church authority that is above the nominating committee. If that is the Board of Deacons, under the church bylaws, then that is the only authority to which you can complain to resolve the issue.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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