PARISH BUSINESS ADMINISTRATION REFERENCES & TRAINING GUIDE
This guide provides high-level of information for the Parish Business Manager. It is a complement to the ADLA Online Handbook, which is the main source for all information and details contained here. This list is organized based on relevant information to the the Parish Business Manager in their daily duties. The ADLA Online Handbook should be explored and researched for specific information based on your circumstances and call the ADLA resources before making any decisions.
- Pastoral Values
- Themes of Catholic Social Teaching
- Getting Started
- Calendar of Duties **Link to Cara's duties list**
- HIRING, INTERVIEWING AND CLASSIFYING JOBS
- Benefits Summary ** Link to Cara's summary doc***
- Benefits Administration
- Insurance Benefits
- Workers' Compensation Insurance
- Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
- Paid and Unpaid Time Off, Leaves of Absence
- Retirement Plans (Pension, Defined Benefit 403(b), Social Security)
- Lay Employee Compensation
- Religious Compensation
- HUMAN RESOURCES
- Performance Management
- Undocumented Workers
- U.S. Equal Employment Opportunity Commission of 1965 (EEOC)
- Americans With Disabilities Act of 1990 (ADA)
- Age Discrimination in Employment Act of 1967 (ADEA)
- Entrepreneurial Activities
- Insurance and Risk Management
- Occupational Safety and Health Act of 1970 (Federal OSHA)
- User Agreements
- Pastoral Council
- Finance Council
- Parish Council
- Sacramental Records
- Catholic Schools
- Religious Education
- Parish Business Administration Professional Resources
- Servant-Leadership relates one's character to one's desire to serve. It is more of "a way of being, than a way of doing." (Greenleaf, "The Servant as Leader," 1970)
- The administrative role is a call to serve our parish and Archdiocesan communities...we are call to serve first.
- The Parish Business Manager role is one of servant-leadership, a Christian approach to organizational tasks and interpersonal relationships, formation and community-building.
- Jesus is the servant-leader par excellence as revealed by scripture.
- The servant-leader stands equal and close to servant-followers in a circular rather than pyramidal relationship.
- Service — Dignity, respect and collaboration for all, a helpful Christian spirit that puts others first
- Stewardship — Take care of all of our resources: finances, buildings, furnishings, etc.
- Communication — Open, honest, timely, solutions oriented, don't let things fester
- Excellence — Good enough is no longer ok, Archbishop Gomez pushes us all to excel in all we do
- Connect employee performance and goals to these values
THEMES OF CATHOLIC SOCIAL TEACHING
- Life and dignity of the human person
- Call to family, community and participation
- Rights and responsibilities
- Option for the poor and vulnerable
- Dignity of work and the rights of workers
- Care of God's creation
- Sign up for ACES email account — This account is required of all employees. As business manager, this email account is how you will stay connected to ADLA updates, monthly billing and important information.
- This should be your only email account at your parish. If you have another one, forward the ACES email to your parish email account so you don't miss any updates.
- This email and password are required to access many of the links below from the ADLA Intranet.
- Sign up for Yammer account — This is a ADLA communication tool that functions like a social media community. Join the "Parish Administration" group, then follow your business manager peers and key ADLA leaders for updates, questions and answers.
- ACES email is required.
- Update location administrator MyEnroll.com — If you are the location administrator for your parish's health care/benefits plan, you'll need to update the contact information on myenroll.com. This is ADLA's health care/benefits administration website.
- You must add / terminate all employees, update retirement information and add / remove health care options during open enrollment.
- You'll find forms in the library and many other reference documents in the Library.
- MyEnroll's phone support is very good.
- Sign up for MyEnroll website training when you see it offered through ADLA or MyEnroll.com.
HIRING, INTERVIEWING AND CLASSIFYING EMPLOYEES
- "Even though you can't talk about religion in our world, you can always act with compassion where you go."
— Annabelle Baltierra, ADLA HR Director
- Human Resources — Chapter 5 in the Online Administrative Handbook
- HR Overview Presentation — Oct 2016 — includes:
- Hiring and preparing for the interview and Questions you can/can't ask in all types of questions: general, job specific (focus on these), behavioral (mainly for supervisors), illegal (avoid these!!)
- Strive to hire the best based on skills, abilities, knowledge and fit
- Do not hire the nice person or volunteer to avoid the hiring process — don't hire out of pity! It takes 3x the person's wage to replace them (pick up slack, advertise, time off, over time, etc)
- Do not hire family members or friends, leads to real or perceived favoritism. Multiple family members cannot work in a supervisory relationship...one must go. Multiple family members can bully the pastor and gain too much control over parish.
- Can't ask questions about race, age, marital status, military duty, ability to work in U.S. (let the job application take care of this last one). Can ask questions about religion...as a church we can give preference to Catholic candidates.
- Develop and maintain updated Job Descriptions. They can be updated at any time as responsibilities change based on needs, should include direct supervisor (Use the Job Analysis Questionnaire)
- Use the New Hire Checklist for on-boarding new employees
- Set up personnel files:
- I-9s must be in separate file with all employees' forms in one folder
- Personnel file includes documents the employee has signed
- Payroll file for W-4 and Status/Payroll Change Form
- Medical file is for insurance and related documents
- Working file is for your notes
- Employees have the right to see/copy their personnel file only. Request must be in writing and you have 30 days to furnish the file. View with them to ensure all documents are returned to the file.
- Ensure the role and employee are properly classified!!
- All employees start with NON-EXEMPT hourly classification
- Paid at least state minimum wage (must track time worked, CA and Fed laws)
- As of January 1, 2017, Federal minimum wage is $7.25/hour
- As of January 1, 2016, CA state minimum wage is $10.50/hour
- Paid overtime (must be pre-approved; more than 8 hours per day (CA law) and 40 hours per week (Fed law)
- Includes meal breaks (unpaid for at least 30 minutes every 5 hours worked (CA law), if work day is at least 6 hours; provided before the end of the fifth hour of work; May be waived by employee in writing if working no more than 6 hours per day. Employee MUST take a meal break if working 8 hours a day.
- If employer fails to provide a meal break, the employer must pay one additional our of pay at the employee's regular rate for each day that the meal break is not provided. A claim can go back 3 years.
- Unless the employee is relieved of ALL duty during the meal break, it is considered time worked and the entire hour must be compensated.
- Rest breaks (paid, 10 minutes for every 3.5 hours)
- You CANNOT combine meal and rest breaks, or leave early/arrive late in lieu of taking a meal break
- Paid at least state minimum wage (must track time worked, CA and Fed laws)
- If they meet both exempt hurdles, they are classified as EXEMPT salaried, paid a fixed rate, only track time away, NOT time worked.
- Earn at least two times the minimum wage per month
- Effective January 1, 2017 — $3,640/month = $43,680/year
- ($10.50 x 2 x 2,080 hours per year / 12)
- Duties per CA Wage Order 4 (not title) exercise discretion and independent judgment primarily (Federal law) or more than 50% of the time (CA law) — Executive, Administrative or Licensed/Learned/Creative exemptions
- Earn at least two times the minimum wage per month
- Use Rosa Cumare's table to see how CA state minimum wage increases to 2022.
- Do not let exempts take comp time...exempt means working until the job is done. You are on duty 24/7.
- Do not dock exempt pay for time off, they could lose their exempt status.
- Note: Churches and non-profits, such as shelters, abuse/sexual assault services, homeless services (except schools) are not covered by Federal minimum wage (Federal Labor Standards Act, FSLA)
- However, parts of their business may be affected by FSLA if:
- Sales or business reach $500,00 annual revenue (gift shop, thrift store, internet sales, food/wine sales)
- Non-teaching school employees (principal, admin staff)
- Employees who regularly engage in interstate commerce (web sales, phone calls, etc.)
- Keep time and attendance records 3 years, best practice is 6-7 years.
- Employee can be classified as an Independent Contractor if they are in the same line of business on their own, carry their own insurance, hire employees, can financially survive without your parish's business, controls the details of the job, furnishes own materials and tools, deducts their own Social Security, Medicare and payroll taxes).
- Other types of employment: Temporary (less than one year assignment, through agency or direct, not eligible for benefits); Joint (works at two or more parishes, may need to provide benefits if hours total 30+ per week); Occasional Employees (through payroll, not necessarily contractors); Volunteers (cannot be paid, cannot be forced to work)
- Employees can volunteer if they are not providing services they are normally paid for and offer their services freely, without coercion; their voluntary work isn't to avoid paying overtime
- Non-exempt employees can be volunteers if: the volunteer work isn't being done to avoid overtime pay, they service without promise of compensation, they offer services freely, don't do work same/similar to their paid job.
- Stipends (A stipend is considered a wage earned)— If workers are volunteers, more than a nominal stipend turns them into employees. Nominal = 20% or less of the wage for the work done.
- Beware of reduction in tuition or donation in exchange for service hours
- You CANNOT pay an employee as both non-exempt and exempt
- There is NO COMP TIME in California!!
- You CANNOT classify someone as exempt to avoid paying overtime!!
- Classify all employees — DO NOT make special deals
- Anyone acting on behalf of an employer can be held personally liable for violating any wage and hour laws.
- All employees should read ADLA Online Handbook Chapters 1, 4 & 5
- Employees should be VIRTUS trained and fingerprinted before they start, but must take place within first 90 days.
- Best payroll practices: Don't be creative about compensation, learn to read a financial statement and teach your pastor, balance books monthly, anticipate shortfalls, budget realistically and adjust as needed, build up at least 3 months of cash on hand in savings.
- Consult before cutting wages or staff to balance budgets...don't reduce for one employee only, avoid eliminating benefits, don't discourage dependent coverage.
- All employees start with NON-EXEMPT hourly classification
- Benefits Allocation System LLC (BAS) is ADLA's benefits administrator, which tracks these benefits at www.myenroll.com:
- Medical and other insurances
- Pension Plans
- Individual retirement accounts
- Sick and Holiday time
- Maternity and other leaves
- Worker's Comp
- Each location has an account that maintains full records for all employees to track name, address, contact info, hire date, total hours worked, marital status, number of dependents, salary, employment status and benefits
- You MUST sign up every employee in myenroll.com when they are hired
- You must close an employee account upon termination of employment
- Update the site during Open Enrollment, make salary changes, add monthly hours worked for Affordable Care Act (ACA) compliance
- Additional systems are used to administer benefits per each location, such as TCM, Excel, QuickBooks or ParishSoft
- Archdiocesan benefits:
- Voluntary benefits (employee purchased):
- Life and accidental death and dismemberment (AD&D) insurance offered through the Hartford, for all who work 20+ hours per week; 1x, 1.5x, 2x coverage options
- Short-term disability insurance (SDI) for up to two years of coverage
- Long-term disability insurance (includes short-term disability) (LDI) for two years and beyond of coverage
- Wellness program
- Premiums for life and disability insurances are based on employee's annual salary index
- 3 Health Care Plans — cost of plan is tiered based on salary levels
- nthem EPO — Anthem Blue Cross Prudent Buyer
- Anthem PPO — Anthem Blue Cross Prudent Buyer PPO
- Kaiser Exclusive Provider Organization (EPO) — Kaiser Permanente hospitals and facilities
- Health Care Eligibility
- Priests, religious or lay employees working 30+ hours per week
- Lay employees have option to enroll eligible dependents (spouse, children up to age 26 regardless of student status, any child claimed on federal tax return who is incapable of self support because of medical or physical disability (could even be a grandchild))
- Coverage is effective first of the month following one month of continuous employment
- Dental Coverage
- Offered with health coverage or as a separate election
- Contracted with Cigna Dental (800-564-7642 for providers)
- Other Benefits
- Worker's Compensation
- Holiday, sick and leaves of absence (see below)
- Bereavement (up to three days per qualified death)
WORKERS' COMPENSATION INSURANCE
- It is the employee's duty to notify employer or York of injury/illness
- Must report within 24 hours or injury/illness (employee may lose rights if they wait too long to report)
- Must report with 8 hours if death
- Archdiocesan claims and benefits administrator
- York Risk Services Group, Inc.
PO Box 619079
Roseville, CA 95661
- York Risk Services Group, Inc.
- How to report a claim
- Mail: Complete Report of Occupational Injury or Illness Form 5020 and mail to York at address above
- Online: Go to www.yorkrsg.com and contact Steve Miles at 661-775-4095 for a user name and password, then submit form 5020
- Fax: 866-548-2637
- Phone: 800-246-9700 ext 4817
- Find a Medical Provider — WellComp Managed Care Services is an affiliate of York Risk Services that provides medical services for injured employees
- Enter employer name as "Archdiocese"
- Select "Archdiocese of Los Angeles"
- Select "Find a Provider"
- Call 800-544-8150 for help
- If injury requires more than a first aid kit, fill out the Claim Form (DWC-1) and Notice of Potential Eligibity
- Duty of employer is to provide employee with "Facts About Workers' Compensation" brochure upon hiring and before first pay period
- Worker's Compensation is required insurance paid solely by the employer to provide an employee with benefits if the employee sustains an injury or illness on the job. It provides:
- Medical Care: Cure or relief from effects of industrial injury/illness; employee should not see a bill
- Temporary Disability (TD) when the employee is unable to perform their occupational duties; 2/3 average weekly pay, tax free; not paid for 3 days, unless hospitalized overnight or can't work for 14 days; for most cases, TD benefits cannot be paid for more than 104 weeks within a 5-year period
- Permanent Disability: Payments if injury causes a permanent disability
- Supplemental Job Displacement Benefit: Non-transferrable voucher payable to a state-approved school if injury results in a permanent disability that prevents employee from returning to work
- Death Benefits: Benefits for dependents if an employee dies as a result of injury/illness
- Protection from discrimination — It is illegal for an employer to punish or file an employee with a claim
- It is illegal to make or participate in a false or fraudulent claim; up to $150,000 fine and imprisonment up to 5 years
- It is the Primary Treating Physician (PTP; the doctor with the overall responsibility for treatment) that the employer selects, after 30 days employee can choose; doctor is chosen from WellComp system
- Employee may choose doctor closer to home from the medical provider network after initial visit directed by employer
- Employee may designate a primary doctor BEFORE an injury/illness and doctor must agree to treating injuries.
- Employer is liable for up to $10,000 in treatment until claim is accepted or rejected
- Who is Covered — All California employees, including cantors and musicians who are assumed to be employees
- Who is not Covered — Self-employed workers, such as independent contractors, priests and religious classified as self-employed, volunteer workers (unless they get reduced school tuition)
- Injuries not covered — Activities that are not part of work-related duties, volunteering outside of work duties; off-duty recreational, social or athletic activity
- There are no pre-exisitng condition policy for workers' comp
- Doesn't cover working from home (can't control the environment)
- Must have an I-9 on file to be covered by Workers' Comp Insurance
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 (COBRA)
- Federal/State law requires employers of 20+ employees to offer the option of continuing employer-sponsored health benefits due to termination (other than gross misconduct), reduction in hours, other events for spouses (such as divorce)
- Three elements to qualify for COBRA
- Must be a qualified beneficiary—Employee if they participated in plan day before qualifying event, spouses, dependents, retirees (unless Medicare eligible), partners in a partnership
- Must have plan coverage — Health care, medical spending accounts, dental/vision, Rx plans, alcohol/substance abuse plans, mental health...same coverage that qualified beneficiary had before qualifying events
- Must meet a qualifying event — voluntary/involuntary termination, reduced hours, covered spouse's divorce or legal separation, death, entitlement to Medicare, change in status, active military duty, failure to return to work after family/medical leave, business bankruptcy
- 18 months of coverage for termination/reduction in work hours
- 36 months of coverage for other, non-termination, qualified event
- Employee pays full cost of premium and employer can charge 102%; if disability, employer can charge 150% for months 18–29
- Insured person has 30-day grace period from time payment is due
- After qualifying event, PBM has 30 days to notify plan administrator (BAS/myenroll.com) and file two forms that must be signed by employee and filed in employee's Medical file:
PAID AND UNPAID TIME OFF, LEAVES OF ABSENCE
- Holiday, Sick Days, Vacation, Leave of Absence
- Note: ADLA does not participate in CA's Paid Family Leave program, which is part of State Disability Insurance (SDI)
- Provide employees with written policies for all leaves; have them sign a copy and put in their personnel file.
- CA Paid Sick Leave — Healthy Workplaces, Healthy Families Act of 2014.
- Minimum paid sick leave for every employee of 3 days or 24 hours for any employee who works 30 days, eligible after 90 days worked
- Accrued at rate of 1 hour for every 30 hours of work (.03 hours per 1 hour worked up to 24 hours per year)
- May be provided up front as a 'bank,' which does not have to be carried over to next year
- If accrued, must allow carryover, but may cap accrual (in writing) at 6 days (48 hours)
- Sick pay is not an "earned wage" and does not need to be paid out like vacation bank
- See ADLA policy for recommended sick time practice
- Vacation Time — May be capped, but you cannot say "use it or lose it."
- Accrued vacation time is an "earned wage" and balance must be paid out when employee leaves
- Vacation pay or sick days that can be used as personal days are earned wages that cannot be forfeited
- Exempt workers — If out and did NO work at all, use accrued sick or vacation time to pay. If not enough bank time in either, then use balance of banks and PAY them for extra absent time.
- If no time is accrued, PAY for the entire day if salary drops below minimum of two times minimum wage per week. If salary does not drop below minimum, don't pay.
- Exempt workers — If out and did SOME WORK, pay salary for hours worked, then use vacation or sick bank for rest of time. If not enough bank time, pay for rest of time.
- Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave of specified family and medical reasons. Employees are assured of reinstatement in former position or job with equivalent status and pay.
- ADLA is not required to participate in FMLA by the state of CA, but chooses to participate for all locations and staff, but not ACC employees.
- Reasons for leave: pregnancy and related conditions, child care after birth, adoption/foster care placement, care for family (spouse, registered domestic partner, child, parent) including drug/rehab programs or serious illness involving overnight stay in the hospital or treatment center.
- An employee incapacitated more than 3 days may take leave of absence if eligibility is met.
- Eligibility — Full- or part-time employee scheduled to work at least 20 hours per week, working at any location at least 12 consecutive months prior to leave (as long as break is nor more than 7 years)
- Length of Leave — Maximum 4 months (16 weeks) within any 12-month period.
- Up to 26 weeks for Military Caregiver Leave
- Length of leave must be certified in writing by a doctor. Employees not returning on the date in the doctor's release may be considered to have voluntarily resigned, unless other arrangements are made
- Benefit coverage during leave — Vacation and paid sick leave do not accrue while employee is on leave. Employees may use vacation and sick time to receive pay during their leave.
- Employees receiving disability payments cannot receive sick and vacation pay at the same time!!
- Employee's group insurance coverage continues during 4 months and employee continues making premium payments while on leave, then goes to COBRA if leave is extended.
- Pregnancy Leave — Up to 18 weeks per pregnancy or related conditions (morning sickness, lactation issues, gestational diabetes, etc.), if certified in writing by a doctor.
- Plus eligible for 12 additional weeks under FMLA for a maximum of 30 weeks.
- Employee pays insurance premiums while on leave and is guaranteed same or comparable position upon return to work
- Determination of pregnancy leave 18 weeks of leave is based on number of days/hours normally scheduled to work.
- Full-time employee: 40 hours / week = 18 weeks = 720 hours (18 x 40)
- Part-time employee: 20 hours / week = 18 weeks = 360 hours (18 x 20)
- To request leave, employee must fill out Leave of Absence Request Form - A and return it with a doctor's note
- For FMLA leave only, employee must fill out Leave of Absence Request Form - B (confirms eligibility and advises of their rights) and Form C (designates specific approved leave dates). Obtain these forms from Human Resources.
Archdiocese offers 3 plans:
- Lay Employees Pension Plan (Defined Benefit Plan)
- Account is a hypothetical pension account, credited with a percentage of each employee's gross salary (paid by location) to define a promised benefit in terms of a stated account balance; Does not reflect actual contributions to an account or actual gains/losses.
- Account assumes and earns a fixed interest rate
- Benefit at retirement corresponds to pension account balance at that time
- Employee can retire any time after age 55 or after 5 or more years of service
- Can take a lump sum or monthly annuity
- Eligibility — Employee works at least 20 hours a week, completed 1 year of service; Vested after 5 years of service
- Lay Employees Pension Plan Beneficiary Designation Form should be signed at time of hire
- Plan excludes: temporary or leased employees, contractors, clergy/religious,
- Tax-Deferred 403(b) Retirement Plan (Defined Contribution Plan)
- Voluntary pre-tax deductions made by the employee, handled through an ADLA-approved Plan Sponsor
- Social Security (Federal Social Security)
- All employees covered, priests are not considered employees for Social Security purposes (they pay self-employment tax to Social Security Administration)
- Federal disability and survivor benefits also financed through Social Security
- Location matches wage deduction for Social Security tax
- Employee collects at eligible retirement
LAY EMPLOYEE COMPENSATION
- Employees want fair pay for time worked
- They need to consider the whole package of compensation and benefits
- Use or create pay grades to create fair pay levels that considers all roles and responsibilities
RELIGIOUS COMPENSATION — Archdiocesan
- Archdiocese has developed explicit policies and written agreements for hiring, renewal and termination of religious serving in Archdiocesan schools, campus ministry, parish ministry, diocesan offices, etc.
- Policies include in the written agreement: compensation levels and terms, expected hours of work, health and retirement benefits, paid time off, transportation, living arrangements, retreat days, FMLA and religious institute affairs
- Does not apply to religious order priests working as pastors, associates or administrators
- Status of religious workers (are not employees of ADLA): no pay, stipend only sent to their religious order in compliance with Complimentary Norms of Canon Law; one-year contracts that are renegotiated annually with job description and performance evaluation
- Hiring of religious is same as lay employee
- Compensation criteria — 3 levels: 1...unable to bear full rigors due to age or health; 2...serves in standard ministries relating to life/mission of church; 3...special category at ADLA level position/executive post demanding exceptional qualifications/preparation
- Every religious should have a personnel file maintained by pastor/administrator with same information as lay employees
- Termination — Sound guidelines should be followed. Notify at least 3 months prior to end of contact date; ministry can be terminated 30 days after receive of agreement letter; religious can resign with 30 days notice; religious can appeal termination/non-renewal
- Identify — How we do business around here, expectations, what's gong well, what needs improvement
- Encourage — Give clear, honest and timely feedback and positive criticism, mistakes are learning opportunities, create collaborative working relationships, commitment to be respectful, honest; develop and train
- Measure — Skills, abilities, improvement, stagnation and decline; How quickly someone learns new things and applies them.
- Evaluate — Performance, accomplishments, success, failure, future needs and goals; Provide objective, fair, formal written review
- Improve — Set expectations, develop action p lans, training opportunities, workflows/processes, need for each employee to take responsibility for their own performance, career progression with supervisor's cooperation and support
- Recognition — For understanding and applying core and pastoral values to job performance, service, communication and collaboration; meeting goals, excellence on the job, improvement and success
- Performance Management Process
- Formally document and provide feedback to employee regarding: quality of work, quantity of work, technical skills, soft skills, knowledge of and application of Core and Pastoral Values, development needs.
- Use ADLA's: 90-day review, Employee annual Review form, and use the Employee Self-Evaluation Process before writing the review
- Human Resources should be fair, just and consistent
- Fair Employment and Housing Act (FEHA) and Unruh Act prohibits discrimination against those holding an undocumented driver's license, but FEHA doesn't apply this to religious employers. Unruh Act applies only to businesses.
- Undocumented workers MAY NOT work for compensation
- DO NOT ALLOW under the table payments...this undermines the Church's advocacy for social teachings
U.S. EQUAL EMPLOYMENT OPPORTUNITIES COMMISSION OF 1965 (EEOC)
- Independent federal agency that enforces federal laws that make it illegal to discriminate against employees or job applicants.
- Led by five Commissioners, appointed by President, confirmed by Senate, President appoints Chair and Vice Chair. President also appoints General Council to support and supervise Commission with direction, coordination and litigation program
- Created by Title VII of the Civil Rights Act of 1954
- Established July 2, 1965
- Congress expanded the EEOC's enforcement authority to include
- Age Discrimination of Employment Act (ADEA)
- Equal Pay Act (EPA)
- Americans With Disabilities Act (ADA)
- GINA (Genetic Information Non-Discrimination Act)
- EEOC covers discrimination against: race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40+), disability, genetic information, a person complaining/filing a charge/participating in an investigation or lawsuit involving discrimination.
- EEOC applies to companies with at least 15 employees, 20 employees for age discrimination
- All parishes are covered as part of ADLA, even if parish has one employee
- Functions: replaces back pay, seeks reconciliation, job reinstatement, files law suits, prevents discrimination
AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)
- Federal civil rights law that prevents discrimination against individuals with disabilities
- Fundamental principle: Qualified individuals with disabilities who want to work must have equal opportunity to work
- ADA defines disability, if you have a physical or mental impairment that substantially limits a major life activity, such as seeing, hearing, speaking, thinking, walking, breathing, performing manual tasks.
- Individual must be able to perform the job with or without reasonable accommodation...person must be skilled to do the job, not just want the job.
- Reasonable accommodations include: physical changes to workplace (ramps, interpreters, etc), quieter space, additional training, TTY phone, hardware/software for vision or hand impairments, time off for treatment of disability
- Interactive Process is triggered if there's an issue stated by the employee. Employer and employee communicate and try to resolve the issue and need if the employee's condition qualifies. Employer does not have to provide employee's preferred accommodation, they just need to provide timely accommodation. Extended leave is an accommodation.
- Ministerial employees are not covered by ADA, however, non-ministerial employees are covered.
AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (ADEA)
- Prohibits employment discrimination against older persons 40 years of age or older
- Prohibits employers or agencies from refusing to hire, discharge or discrimination with respect to compensation, terms, conditions or privileges because of an employee's age or reducing wage rate to comply
- Movie or cable TV streaming event nights require a license, even if viewers don't pay to attend
- Items bought from out of state or foreign countries are not free from taxation
- Raffle tickets that aren't free cannot be mailed or sold online
- Boutique vendors must have business permits; Use Sellers Booth Agreement
- Endorsement of commercial activity is forbidden — See ADLA Development and Fundraising section
- Capital Campaign Consultants = Fundraising counsel; company must register, unless annual receipts are less than $25,000; there are reporting requirements. Contact ADLA Legal Department BEFORE you begin.
INSURANCE AND RISK MANAGEMENT
- Prevention is the best risk management approach...Prevention, then Dealing with Claims, then Insurance (it's only money and it can't fix everything)
- What would you do if you didn't have insurance? Loss prevention!!
- You have to have some amount of risk, can't get rid of it all
- Concept of insurance is to make you whole, to where you were before the incident, not better than before
- Risk is the chance that something could go wrong with adverse consequences, such as people getting hurt, damaging reputation, property is damaged, time and distraction, ministry is damaged
- Everyone has different risk tolerance. The key is to know yours, your parish and others around you
- Risk and safety is a balancing act...use your common sense!
- Good risk management is good business management
- 3 steps to risk management
- Identify the risk
- Evaluate the risk
- Take action...this is most important!! Start now to correct any issues.
- Workers' Compensation Insurance (see above)
- Liability Insurance — Legal liability (covers business risk) for bodily injury, property damage, personal injury and errors/omissions that harm others, may include limited no-fault medical payments
- Property Insurance — Loss or damage to covered buildings and contents. May also include resulting loss of income and extra expenses.
- Automobile Insurance — For bodily injury or property damage to others as a result of covered auto use. May also cover damage to "your" vehicle.
- When submitting a claim, don't admit fault or say you are sorry. Just say this is a bad thing that happened and we'll submit a claim and help you though the process
- Don't admit fault or make promises if there's a claim...say this is bad and we'll submit a claim
- Put in a claim even if person injured doesn't want to...obligation to do so and document it so no one can come back and change their mind
- Final test is...can you look a victim in the eye and say you did the best you could?
- FEMA resources for faith organizations
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (federal OSHA)
- Purpose: Assures safety and healthful working conditions, enforces standards through training, outreach, education and assistance, covers private sector (and some public sector) employers and their workers
- Part of the U.S. Department of Labor (DOL)
- OSHA Administrator is Assistant Secretary of Labor for Occupational Safety and Health, reports to Secretary of Labor who is a member of the President's Cabinet
- Supersedes Federal OSHA because it is more restrictive
- Requires an Injury and Illness Prevention Program (IIPP), Emergency Action Plan and Fire Prevention Plan
- Emergency and Fire Plans can be oral if less than 10 employees
- ADLA Online Handbook, Chapter 8 for Health and Safety information about how to set up plans/kits
- Chapter 8.1 — Archdiocesan Policy on Health and Safety
- Chapter 8.3 — General Health and Safety Measures
- Chapter 8.5 — Emergency Plans at All Locations
- Chapter 8.6 — Injury and Illness Prevention Program
- Chapter 8.7 — Accident Procedures
- Chapter 8.8 — Hazard Communication Program
- Chapter — Required Workplace Posters
- Use these Cal-OSHA tools to develop your plans or find a training course near you to learn about these plans:
- Cal-OSHA IIP eTool to create a Small Business IIPP if less than 20 employees: identify person(s) with authority, schedule periodic inspections, provide training for new employees
- Use Cal-OSHA IIPP Effectiveness Evaluation tool
- Cal-OSHA General Industry Safety Orders
- Cal-OSHA Emergency Action Plan
- Cal-OSHA Fire Prevention Plan
- Cal-OSHA Resources
- All projects require that the school/parish has 100% of the funds for the project (or secured an ACC loan), including at least a 10% contingency, 155 is ideal.
- Pastor can sign for minor projects up to $20,000, unless it involves: asbestos/mold, structural renovations or modifications, conditional use permits, day care or pre-school facilities.
- $20,000-up to $1 million — requires Auxiliary/Regional bishop and ACC CFO/Financial Services approval
- >$1 million — requires Building Commission approval
- >$2 million requires Outsourced Project Manger
- Major projects require at least three bids
- Contracts — Have one file for all contracts
- Principals and pastors CANNOT sign a contract over $20,000; Archbishop must sign a leave for over $100,000.
- Copier leases are the worst contracts in the world...call Legal Department to help buy one and sign a maintenance agreement
- Any agreement for services/goods should be in writing, NO VERBAL AGREEMENTS!!
- Teachers sign a one-year contract to ensure that the principal talks about their performance with them and can be renewed or not
- Moving scripts/filming
- Legal Department MUST ALWAYS review the entire script before any filming happens at any location, including student filming
- Must fill out a User Agreement for Film
- Food Service Issues
- Bus Transportation
- Only use transportation companies listed at California Public Utilities Commission
- Get copy of certificate of insurance
- Get copy of driver's license and permit
- Good companies usually have drivers fingerprinted — but ask to be sure!
- Catholic Ed in CA is the 3rd largest school district in CA
- Can't afford it now because labors was free (nuns and priests)
- Buildings were free
- All Catholic Ed saves the state of CA $1bn a year by providing education that churches pay for
- Use ADLA's Document Retention Guidelines
- Sacramental records must be kept in hard copy, handwritten per Canon Law
- All employees should only use their la-archdiocese.org email because it is backed up
- DO NOT destroy any documents that are currently in litigation or are expected to go to litigation
- If you get a Document Retention Notice, you MUST NOT throw away any related files to the case
Purpose: Hand-picked by the pastor to investigate, consider and recommend solutions on issues that are important to the pastor.
- Pastor has final decision-making authority over everything!
- Pastoral refers to the office of the pastor, not pastoral care
- Every pastoral council should answer two questions:
- What does the pastor gain by having a council?
- What do parishioners accomplish by serving on the council?
- Success = Advice is so good that the pastor accepts it
- ***Add Pat's Pastoral Council doc here***
- Vatican II does not outline size of group, but 7–8 is good, no more than 25 recommended by Dr. Fischer.
- Terms of office are not outlined by VII. Can be long (6–7) or short (3 years)
- Dissolution of council is a best practice: when new pastor and when new bishop
- Regional Pastoral Council is overseen by the bishop. It is made up on Christians of proven faith, good morals and outstanding prudence.
- Use this meeting agenda format recommended by Dr Fischer **upload last fin council agenda**
Purpose: Help the pastor make the parish and school budgets.
- To create a financial forecast. Take last five years of actuals, put into Excel and use the forecast function.
- If you want to make sure your parish budget upholds your mission statement, see where you spend your money
- Your budget tells your story and how well the parish implements the way Jesus lived...what are our priorities?
- Appointed by pastor, if necessary are not required to be members of the parish.
- Break out your budget into these high-level buckets to share with parishioners: Payroll (will be 35-50% of your overall budget), Fixed Expenses (ADLA assessment, insurances, taxes, subsidy to school, etc), Operating Expenses (daily costs to operate parish), Discretionary Expenses (this is your wiggle room), Capital Budgeting (expensive maintenance projects, new construction, parish car purchase, etc.)
Purpose: Group that oversees the lay organizations at the parish.
- Requesting a copy of a sacramental record requires an in-person application, with valid photo ID.
- If in-person request cannot be made, notarized statement of identity is required.
- Sacramental certificates are considered legal documents in a court of law.
- If there's no entry in the register, DO NOT add the information being requested!! Call Vicar for Canonical Services and Legal Department.
DEALING WITH DISTURBING PERSONS
- If there is imminent threat of harm to people or property, protect people over property; run, hide; call 911; notify Media Relations and Legal Department; if person is known, seek restraining order; work with police with Letter of Agency or Trespass Arrest Authorization
- If there is threat of harm to people or property, respond pastorally; enlist help of others; get training to deal with mentally ill, be familiar with community resources, put up no trespassing signs.
- With unruly people, DO NOT: touch someone without permission, get too close, take photos/video, touch someone's personal property on a sidewalk or public space, handle situations alone
- 270 Catholic schools in ADLA, with 80,000 students
- 210 Elementary
- 51 High School
- ADLA is the largest Catholic school district in the U.S., Chicago was leader but their enrollment has lagged
- 1950–60s were high point for Catholic schools in America
- 1958 – 98% clergy teachers / 2% lay staff
- 2015 – 3% clergy teachers / 975 lay staff...which is why schools are so expensive to run now...they pay salaries and benefits like any other employer
- Problems: Low enrollment, low financials, tuition-based system
- Average public school cost is $12,608 per student each year
- Average Catholic elementary school cost is $3,880 per student per year (LA is higher at $5,847)
- Average Catholic high school cost is $9,600 per student per year (LA is higher at $11,700)
- Differences in tuition and actual cost per student is made up through fundraising
- Class size: 33 students per class is considered ideal
- 330 students per school is the benchmark
- Core belief #1 — Growth — The population is there to grow enrollement
- There are 1 million Catholic school age kids in LA today
- Growth is more than just increasing enrollment...we need to focus on faith, stewardship and excellence
- Core belief #2 — Strong Leadership — Growth and sustainability require strong leaders
- Quality schools attract parents
- Quality program leads to solid enrollment
- Eliminating smaller problems mitigates larger ones
- Faith = Catholic teaching
- Excellence = Academics
- Stewardship = Responsibility to return will increase
- Core belief #3 — Innovation — Catholic schools need to adapt and innovate to meet the needs of the 21st century family. Change is essential for growth
- Pebble in the hole...doesn't change anything. Too comfy.
- Pebble in the shoe...must change bc it's uncomfy.
- Innovation does not equal technology...it means curriculum innovation (language immersion, STREAM, blended learning)
- Growth = Leadership + Innovation
- Leaders establish a collaborative, ongoing culture of growth to ensure vibrant Catholic schools for future generations.
- Regional programs and themes differ
- Every parish sets different goals/objectives for their program
- Traditional catechism — Weekly classes, Baltimore Catechism
- Home school catechism — Parents teach at home or students meet at catechist's or hosting home for classes
- Family catechesis — Who family attends session together; parents are main teacher and set example
- What's in common?
- Annual evaluation of goals and objectives...what worked, what didn't, change for next year, new goals?
- Collaboration — First must have a parish profile to know reality of parish and how groups work together
- Catechetical leaders are administrators and called to be professional
- Requires organizational and catechetical skill to run the program, ongoing DRE/CRE training
- What education does the parish require? Certification or Master Catechist Certification?
- What does parish require of catechists? properly trained and certified? fingerprinted and VIRTUS...yes!
- Program is funded by tuition/fees that vary from parish to parish, offer scholarships?, discounts for early payment or multiple children?
- NO STUDENT SHOULD BE DENIED ENROLLMENT DUE TO INABILITY TO PAY FEES
- Potential problems if RE not set up correctly:
- Disconnect between parish office and RE office
- Lack of collaboration and good relationship between PBM and DRE/CRE and pastor
- Separate checking account for the program
- Uncollected tuition year over year
- Overspending, budget deficit
- No accountability
- Lack of controls of cash payments; theft
- Preventing problems
- DRE reports to pastor and/or PBM (preferably both)
- Know number of families paid, owed, registered
- Get receipts for all cash payments
- Report of payments for each family
- Monthly accounting report to DRE on deposits/expenses
PARISH BUSINESS MANAGERS PROFESSIONAL RESOURCES
- National Association of Church Personnel Administrators (NACPA)
- ADLA Parish Business Manager Council
- Parish Administration Certification at LMU