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Central Board Meeting Minutes

April 7, 2020 - 6:30 PM- 9:00 PM - via Zoom


Second Congregational Church of Beverly

Proof of Notice: The pandemic has prevented us from posting or announcing anything in
church, but meeting dates and agendas are being timely posted on the Board website.

In attendance: Dale Miller Bouton, David Brandt, Dale Earl, Andrea Trefry, Chuck Roy, Nancy
Rexford, Kathy Taylor, Rev. Peter Preble

Action Items
1. Approved minutes from March 24th Board Meeting ( Austin Davy key)
2. Approved Harassment Policy (attached).
3. Approved Personnel Policy as edited (attached).
4. Approved Document Retention Policy (attached)
5. Approved application for Payroll Protection Plan and authorized David Varga to sign the
application (Nancy Rexford and Rev Peter recused themselves from this vote because
they are paid staff)
6. Approved concept of streaming services with the assumption that we will proceed with
this initiative, probably at upper level (see attached chart) .
7. Asked David Brandt and Peter Preble to form a Working Team to oversee the installation
of streaming services, beginning by contacting one or more AV Vendors to evaluate the
church for streaming services

Discussion Items
• Payroll Protection Plan ( part of stimulus package recently passed by Congress)- pays
salary and utilities during the crisis- after a period of time the loan disappears- we would
be eligible for $21,000
• Dave Varga signed the form and is in contact with a local bank

• Discuss church response to ever-changing coronavirus situation


◦ Update from Rev. Peter
◦ Maundy Thursday service is recorded
◦ Good Friday is also recorded
◦ Want to get Easter service recorded as soon as possible
◦ April 19 may have Wendy preach
◦ Reactions to virtual coffee hours and tea time
◦ small but dedicated group
◦ Should we offer evening times?
◦ Sunday Coffee Hour very successful
◦ How to contact people with no internet?
Central Board Mtng Minutes for April 7, 2020 Page 1 of 2
◦ Moderator for sessions: call Donna when we know the Zoom number and
perhaps to moderate the sessions
◦ Perhaps a specific topic for each session
◦ Calling people to keep connected- important to connect with people who are not
on the Internet

• Review Personnel Policy (second session)


• Need to research UCC Policy regarding Pastoral conversations and privacy
• Changes were made that will be reflected in the finished policy
• Changes can always be made in the future

• Review Harassment Policy (related to Personnel)


• Agreed to accept policy as written with knowledge that we can make changes as
needed

• Proposal to purchase video streaming equipment for church (suggested by David Brandt)
• Three alternate plans for Streaming
• Number #1- $1400 cheap but with limitations as to camera angles etc.
• Number #2- $3200- need better connectivity with ethernet connection
• Number #3- $10, 110- camera switching, microphones, operator, cables, etc
• Consensus of the Board is to go with Option #3
• Because of crisis more people are streaming services and this could be an
opportunity for growth
• Think about this as an investment in the future and we have the opportunity to
make our service look professional
• How to fund this endeavor- use money from the endowment to finance our future
• May want to discuss this with Beverly Access TV and make sure it is compatible
with their equipment
• Is this the best way to use our resources in the life of our church?
• We need to change the way we “do” church. We are reaching many people
beyond the walls of our church. This is our opportunity to change things for the
future.
• Comparative bid procedure
• Create a Working Team for Video Ministry
• Dale Earl will present this to Financial Team to consider funding

• Review Document Retention Policy – approved with minimal discussion

• Central Board Election Postponement


• How could we hold the election in May?
• Possible postponement to September
• Discuss more at the next meeting

Central Board Mtng Minutes for April 7, 2020 Page 2 of 2


PERSONNEL POLICY
Second Congregational Church of Beverly, MA
Approved by the Central Board on April 7, 2020

Attested
Dale Miller Bouton, Board Secretary

ABOUT THIS HANDBOOK

This handbook is not a contract of employment. It is intended as a convenient way to explain


the rules, expectations, benefits and policies generally related to employment at Second
Church. The statements in this handbook are written and approved by the Central Board and
may be changed by the Central Board without notice at any time.

REGULATIONS ESTABLISHED BY FEDERAL AND STATE GOVERNMENT

EEO: Second Church is an equal opportunity employer. We make employment decisions based
on merit, qualifications and abilities, without attention to race, color, national origin, sex, sexual
orientation, gender identity, age, veteran or disability status. We consider religious creed only
where it is an essential aspect of a church job description. For example, pastoral staff must have
ordained ministerial standing in the United Church of Christ.

Second Church will not, based on your membership in a protected class, take discriminatory
actions against you such as firing you, refusing to promote you, giving you a poor evaluation, or
harassing you. We will make reasonable accommodations for disabilities as required by the
Americans with Disabilities Act.

Immigration law: In compliance with the Immigration Reform and Control Act of 1986, Second
Church employs only U.S. citizens and non-citizens who are authorized to work in the United
States. If you cannot provide documents verifying your right to work in the United States as
required by the federal I-9 form, the Church is required by law to terminate your employment.

Exempt vs. non-exempt employees: The Fair Labor Standards Act classifies employees as
exempt or non-exempt.
• Exempt means exempt from the FLSA and the benefits it guarantees. Exempt employees
hold salaried administrative, professional or management positions and are not eligible
for overtime pay no matter how many hours they work. Typically the pastor and music
director are salaried exempt employees.
• Non-exempt employees are subject to the FLSA. They are typically paid on an hourly
basis and are eligible for overtime pay if they work over 40 hours in a week. Other than
the pastor and music director, all our employees are non-exempt, but since all such
positions are part-time, overtime pay is unlikely to come into play.

Personnel Policy, approved by the Central Board April 7, 2020 Page 1 of 10


At will employees: Employment is presumed to be “at will” in the state of Massachusetts. “At
will” means that both Second Church and you are free to end the employment relationship at
any time, with or without notice, and for any reason. You are an employee “at will” unless you
have a contract stating otherwise signed by the Chair or Secretary of the Central Board.

Social Security and Medicare taxes: Unless an employee is an ordained pastor, Second Church
is required by law to withhold social security taxes (FICA, including Medicare) from your pay.
Except for ordained pastors, Second Church contributes one-half the tax, while the employee
contributes the other half. The federal government determines the percentage of tax withheld
from pay.

Workers’ compensation insurance: In accordance with Massachusetts law, Second Church


provides workers’ compensation insurance to pay for your medical expenses and partial salary
continuation in the event of a work-related accident or illness. If you are injured on the job or
become ill due to conditions in the workplace, you must immediately report the injury or illness
to the Pastor or the Central board. Not doing so may jeopardize your benefits.

Affordable Care Act: Second Church is not subject to the requirements of the Affordable Care
Act because we have fewer than 50 employees. We are not legally required to provide health
insurance to our employees.

State and federal family and medical leave acts: Second Church is not subject to the
regulations in the federal Family and Medical Leave Act because we have fewer than 50
employees. We are, however, affected by the Massachusetts Paid Family and Medical Leave Act
(PFMLA), which goes into full effect in 2021. The PFMLA requires employers to withhold a new
tax from employees’ paychecks, and in return it will provide most Massachusetts workers some
compensation and job security if they must take extended leave from work because they are
sick or because they need to care for a sick family member or deal with the birth, adoption or
foster care placement of a child. See the paragraph on Extended Leave.

REGULATIONS ESTABLISHED BY THE CONGREGATION IN THE BYLAWS

All sections of the current bylaws that relate to church staff are included in this policy as
Appendix A. Other policies established by congregational vote are included in Appendix B. The
following summary lays out the most important points:

Nondiscrimination: We welcome into our community all people, without regard to their
background and differences, who desire to live according to God’s law of love and to share the
joy and responsibility of Christian fellowship.

Standards of behavior: We commit to standards of behavior that make our community


productive and safe for everyone.

Personnel Policy, approved by the Central Board April 7, 2020 Page 2 of 10


Who hires and fires: The Central Board has ultimate authority and responsibility for creating
job descriptions, posting job openings, conducting searches, hiring, evaluating and, if necessary,
firing all staff, including the pastor.
• The Board may delegate certain routine tasks related to search, hiring and evaluation to
a working team, but it retains final decision-making power.
• The Board consults with the Finance Team to determine compensation levels. Positions
are funded by vote of the congregation either as part of the annual budget or in a
special congregational meeting.
• Open positions may be filled only after a public search has been conducted to find the
most qualified candidate. This means that members of the congregation may apply only
on the same basis as all other candidates, going through the same hiring process and
receiving no preference by virtue of their membership. The job must be offered to the
best qualified candidate.
• The call to a pastor is recommended by the Board and confirmed by vote of the
congregation.
• Non-pastoral staff are hired by the Central Board on the recommendation of the pastor,
if a pastor is in place at the time of hiring.
• The Board will prepare a contract or a job description, as appropriate, for each
employee, consulting with the pastor.
• At the request of the pastor, the Central Board may establish a Pastor/Parish Relations
or similar team to create a confidential setting in which to discuss sensitive topics.
• The congregation explicitly delegates to the Central Board the authority and
responsibility for evaluating the performance and terminating the employment of any
staff person, including the pastor.

Management: The pastor, who sits ex officio on the Central Board, answers to the Board. All
staff persons answer to the pastor in the conduct of their day-to-day work. If conflict arises
involving the staff that cannot be resolved by the pastor, all stakeholders have the right to
discuss issues in a confidential setting with the elected members of the Central Board.

Coordination: The Central Board, staff, officers and working teams gather three times a year,
typically in September, January and May, to set goals, coordinate planning and evaluate progress.

Ordinary Communication: The pastor normally presents staff concerns to the Central Board,
but the Board may invite staff to attend Board meetings to provide expertise, etc. The Central
Board also communicates with staff indirectly through the evaluation process. Staff may attend
Forward Chats, which are meetings for congregational discernment open to everyone. Staff
may also collaborate directly with working teams whenever needed.

Officers: Members of the staff may not serve as Moderator, Clerk, Treasurer or Asst Treasurer.

Personnel Policy, approved by the Central Board April 7, 2020 Page 3 of 10


OTHER POLICIES AFFECTING STAFF NOT IN THIS DOCUMENT

Other policies considered to be integral parts of the Personnel Policy are attached to this
document as appendices, including Harassment, Conflict of Interest, Non-discrimination,
Compensation, Whistleblower, Document Retention and Safe Church Policies. These policies
may be amended from time to time, and new policies may be added.

COMPENSATION

Payroll schedule: Employees are paid after the completion of each work period. Second Church
does not provide payroll advances or extend credit to staff. Hourly workers are typically paid
weekly and salaried employees monthly, but employees may arrange the frequency of their pay
with the Treasurer and the Financial Secretary to suit their mutual convenience.

Timesheets: At the end of each week, exempt employees who do not work a fixed number of
hours each week report their hours worked in a legible, organized and consistent format.

Deductions/withholding: As required by law, Second Church will withhold federal and state
taxes as well as FICA (Social Security and Medicare) payments from all non-pastoral staff. The
amounts withheld for state and federal taxes are calculated based on the signed W-4 form
provided by the employee. The employee is responsible for monitoring this. If adjustments are
needed, the employee must arrange changes with the Financial Secretary.

Independent Contractors: Independent contractors must provide the Financial Secretary with a
signed W-9 form including their full address and Social Security number before they can be paid.
If the nature of the Independent Contractor’s work might result in damage to the church, to the
Contractor or to other people on church property, then the Independent Contractor must show
proof of liability insurance. This does not include Independent Contractors such as guest
musicians, consultants, or pastors providing pulpit supply.

Contracts and job descriptions: Some employees may have a contract (pastor and music
director). All employees should have a written job description. Employees should review their
job descriptions annually with their supervisor to make sure they are up to date.

HOLIDAYS

It is not always possible for staff, especially the pastor and music director, to take holidays off
on the standard date. However the following holidays will be observed as days when the church
office is closed
1. New Year’s Day 5. Memorial Day 9. Veteran’s Day
2. Martin Luther King Day 6. Independence Day 10. Thanksgiving Day
3. Presidents’ Day 7. Labor day 11. Day after Thanksgiving
4. Patriot’s Day 8. Columbus Day 12. Christmas Day

Personnel Policy, approved by the Central Board April 7, 2020 Page 4 of 10


With permission from the pastor (or if there is no pastor, from the Central Board), staff may
choose to work on the holiday itself and take compensatory time off on a different date. The
Music Director’s time off is regulated by the terms of his or her signed contract and must be
worked out in cooperation with the pastor. The pastor’s time off is regulated by the terms of his
or her signed contract and must be worked out in cooperation with the Central Board.

VACATION TIME:

For employees paid on an hourly basis, vacation time accrues as follows:

Number of vacation days


Year of Employment Total vacation days per year
earned per month worked
1 .75 9
2-4 1 12
5 – 15 1.25 15
16 and up 1.75 21

One vacation day = the average daily hours worked (i.e., the normal work week divided by five):
• Full time (40 hours): 1 vacation day = 8 hours
• Three-quarter time (30 hours): 1 vacation day = 6 hours
• Half-time (20 hours): 1 vacation day = 4 hours
In the first year, employees may begin to use vacation days after 3 months of employment.

If vacation days earned in one year are not used in that year, they can be carried over into the
following year except that total vacation days accrued may never exceed 1.5 times the yearly
limit for the current year of employment as shown in the chart above. For example:
A person in the fourth year of employment earns 12 days of vacation but only uses 3. The 9
unused days carry over into the fifth year of employment until the total of new days accrued
in the fifth year plus the carried-over days from the fourth year equals 1.5 times the limit for
the fifth year of employment (1.5 x 15 days = 22.5 days). The unused days from the fourth
year will not carry over to the sixth year, but up to 7.5 unused days from year five can carry
over to year six. If there is uncertainty about how this plays out in an individual case, the
Pastor will decide what is appropriate.
The final paycheck for employees leaving employment shall include pay for vacation time
accrued but not used, subject to the limitations described above.

The vacation benefits for salaried employees such as the pastor and music director are
described in their contracts. All employees should discuss with the pastor their plans for taking
vacation time as early as possible so that they are not away at critical times like Christmas and
Easter, and so that their work can be covered during their absence. The pastor reports his or
her vacation plans to the Central Board, which is responsible for finding pulpit supply when the
pastor is away.

Personnel Policy, approved by the Central Board April 7, 2020 Page 5 of 10


OTHER BENEFITS:

Regularly scheduled medical and personal appointments and voting: Our employees are
either part-time hourly employees or are salaried with flexible working hours. Therefore it
should normally be possible for all employees to schedule non-emergency medical and legal
appointments and to go to the polls to vote outside of working hours. When this is not possible,
employees can work compensatory time to make up for time lost during normal working hours.

Sick leave: Second Church provides five paid days per year that may be used when the
employee is ill or when the employee must attend to the illness of a family member. The church
reserves the right to require appropriate medical documentation for sick leave.

Bereavement leave: Employees may take 3 paid days per year for time off related to the death
of a close family member.

Leave for jury duty, service as a witness:


Employees will be excused from work for the duration of a summons to serve on a jury or a
subpoena to appear in court as a witness. While serving, the church will pay the difference
between jury duty pay and your regular pay for up to five days. Additional time may be granted
on an unpaid basis. Employees must provide a copy of the summons or subpoena.

Extended leave:
We recognize that extended leave may be necessary in connection with:
• The employee’s own serious illness or pregnancy disability
• The birth or adoption of a child, or placement of a foster child
• The employee’s need to care for a close relative who has a serious medical condition
In general, the expectations are that:
• The employee will give the pastor or the Central Board as much notice as is possible
• The employee will provide documentation from their doctor or adoption officer
• Accrued paid vacation time, sick days, etc. will be used to cover the first period in an
extended leave situation.
• When vacation and sick days have been used, the rest of the extended leave will be
granted without pay by the church.
• Eventually, some salary during an extended leave may be provided by the PFMLA for
periods of 12 to 26 weeks, depending on the reason for the leave.
• The employee may return to their job at the end of the period established by law or
after a longer period if approved by the Central Board
The Central Board reserves the right to work out agreements granting extended leave on a
case-by-case basis as long as such agreements are consistent with law.

Military Leave (see 29 C.F.R.§541.602 and 20 C.F.R.§1002.153):


Non-exempt employees who take time off from work for military service:
• May be paid for their time away from work if the Board approves

Personnel Policy, approved by the Central Board April 7, 2020 Page 6 of 10


• May apply accrued vacation days to their military leave if they wish.
• Are guaranteed the right to return to their jobs when their service is complete, within
the limits set by federal regulations (USERRA)
Exempt (salaried) employees who take time off from work for military service:
• Will be paid in full for any week in which they work part of the week and are away doing
military service for part of the week
• May, if the Board approves, be paid for their time away for any week in which they are
absent for the entire week
• May apply accrued vacation days to their military leave if they wish.
• Are guaranteed the right to return to their jobs when their service is complete, within
the limits set by federal regulations (USERRA).

HEALTH AND SAFETY [edits expected as Safe Church finishes its policy]

Health Insurance: The church budget currently does not allow us to provide health insurance to
employees other than the pastor. However, we may offer access to a health insurance plan at
no cost to the church per UCC guidelines.

Smoking: Smoking is prohibited at all times inside any church building.

Drugs and alcohol: The presence, use, consumption, sale, manufacture or distribution of
alcohol or illegal drugs is prohibited:
• on church premises during working hours
• outside church premises when conducting church business, including while operating a
vehicle or equipment.
If you suspect or know that you have an alcohol or substance abuse problem, the church
encourages you to discuss this with the pastor and to seek diagnosis and treatment by a
qualified medical practitioner.

Guns: Employees are not permitted to carry a gun while on church property or while
conducting church business, whether they have a license to carry or not.

Fire Safety: [may be edited based on advice from Property Team]


• Do not prop open fire doors except for short periods when they are in heavy use.
• Do not store flammables like paper or plastic in stairwells unless in metal containers
• Do not leave equipment running when not in use, especially the copy machine and the
organ blower.
• All employees must be familiar with church fire safety rules.

General Safety hazards: As an employee, you are responsible both for complying with all safety
rules established by the church or by state or local authorities, and for actively maintaining a
hazard-free environment. Keep your workspace neat, clean and safe, especially from trip and
fall hazards.

Personnel Policy, approved by the Central Board April 7, 2020 Page 7 of 10


Safety Reporting: You are required to report any accidents or injuries that occur on the
property to the pastor AND to the parish administrator as soon as is practical. You are required
to report any unsafe equipment, working conditions, process or procedure to:
• the pastor AND
• the parish administrator AND
• the chair of the Property Team when the condition of property is involved.
If the problem is not addressed in a reasonable time, report the situation by email or in person
to the Central Board.

Inclement weather: In the event of adverse weather conditions, the pastor together with the
Chair of the Central Board will make the final decision whether or not the church office should
remain open, and whether worship services and church meetings should be held. The entire
Central Board will be consulted if time permits. Reasonable efforts will be made to notify all
employees of office closings. If the office is closed by the church, employees will be paid for the
day. If the office remains open, employees should use their judgement about whether it is safe
to travel to work. If an employee chooses not to work but the office is open in spite of weather
conditions, the employee may choose:
• to make up the lost hours at a later date
• to use personal/sick time or vacation time
• to take the time off unpaid.

HARASSMENT

General Information: Second Church has a separate policy (attached as Appendix C) stating that
it will not tolerate harassment of any kind, sexual or otherwise, and that its intention is to
create an environment in which employees feel comfortable about addressing their concerns.

What to do if you experience harassment: An employee who is being harassed should


immediately inform the pastor, who supervises all staff. If the pastor is part of the problem, the
employee should inform the Central Board. If reporting the harassment does not produce
action by the church and the harassment continues, you may file a formal complaint with
federal or state agencies. See Appendix C – Harassment Policy for details.

TECHNOLOGY AND PRIVACY

Equipment: Equipment (including but not limited to computers, printers, copiers, projectors,
screens and musical instruments) is the property of the church and should not be taken offsite
without permission from the Pastor (or in the absence of a pastor, from the Central Board). You
are expected to treat all church equipment with care and to report any malfunctions promptly
to the staff member equipped to assess the problem and arrange to have it corrected.

Personnel Policy, approved by the Central Board April 7, 2020 Page 8 of 10


Telephone, fax, internet and email: Access to these services is provided primarily for work-
related activities. Incidental and occasional personal use is permitted but the privilege should not
be abused. Employees may not use any church technology to access, download or distribute
material that is illegal, pornographic, discriminatory, harassing or an incitement to violence.

Copyright and trademark: Churches are not exempt from copyright laws, and Second Church
makes every effort to respect those laws. For example:
• The church maintains a general CCLI license, a blanket license that covers the
reproduction of songs for congregational singing in the sanctuary during worship.
• The church has an additional CCLI license to cover streaming the worship service. This
allows us to broadcast music as part of our worship service on the internet.
• The Music Director is expected to purchase enough copies of any piece of music
scheduled for performance by the choirs so that every performer has a legal copy.
Photocopies are permitted only when they are properly licensed (as in some
downloaded music) and to facilitate page turns in a copy already purchased for the
organist/music director

WORKPLACE DECORUM

Our employees and volunteers represent Christ and His Church to everyone with whom they
come into contact. Therefore it is important that each of them – of us - take care with our
personal appearance, our workspaces, the quality of our work and our behavior.

Appearance: All employees should dress appropriately for their jobs. This means casual
business attire unless the nature of the work requires otherwise. Given changing fashions
across generations, no specific rules are laid down here. As manager of the staff, the pastor
decides how to define “appropriate,” considering the occasion and job description.

Behavior: Employees are expected to behave kindly and respectfully toward everyone with
whom they interact, including fellow employees, church members, volunteers, tenants and the
general public. Employees should make a point of listening attentively, thinking before
responding and considering the feelings of others. In all things, strive to build up the church.
These principles apply to interactions by email, telephone and social media as well as in person.

Nepotism and dating: No person shall be employed in any position where that person will
supervise or be supervised by a member of that person’s family, unless an exemption is granted
by the Central Board prior to employment. Dating relationships are not permitted between a
supervisor and an employee who reports to that supervisor.

Speaking on behalf of the church: Employees may speak authoritatively only within the limits
of their job descriptions. Any requests from the media should be referred to the pastor or the
Central Board. Normally the Board will authorize the pastor to speak for the church.
Occasionally, the Chair of the Central Board may be a more appropriate choice.

Personnel Policy, approved by the Central Board April 7, 2020 Page 9 of 10


OVERSIGHT

Personnel records: Employees are responsible for notifying the church of any change in name,
address, telephone number, immigration status, or any other pertinent information. Paper files
containing personal information about employees are to be kept in a locked cabinet. Electronic
files containing personal employee information are to be kept in password-protected folders.

Performance reviews: Performance and salary reviews shall be conducted annually, either near
the anniversary of employment, or in the spring near the annual meeting. The Central Board
oversees the process but may delegate the work to the pastor or a working team. Factors
considered in your review include the quality of your job performance, your attendance,
meeting the requirements of your job description, dependability, attitude, cooperation,
compliance with church employment policies, any disciplinary actions and year-to-year
improvement in overall performance. Compensation increases may be recommended by the
Central Board, with input from the Finance Team, based on your performance review, taking
into consideration the financial condition of the church.

Separation: Separation from employment may be voluntary (resignation) or involuntary (due to


discharge, the elimination of a position or a reduction in our workforce). Although advance
notice of voluntary resignation is not required for hourly employees, the church would
appreciate two weeks written notice in order to plan for an orderly transition. Notice should be
given to the pastor or to the chair of the Central Board.

The church asks all employees to participate in an exit interview with the pastor and/or
members of the Central Board. On the final day of employment, all building keys, credit cards
and other church property in the staff member’s possession will be turned in to the pastor, or
in the absence of the pastor, to the chair of the Central Board

Employees will be paid through their last day of employment for the hours actually worked
along with any earned vacation leave that has not been used.

Grievance procedures: The church desires to resolve grievances as quickly and directly as
possible. Should you have a grievance against another employee, supervisor, or church
member, please report that grievance to the pastor, or if the grievance involves the pastor, to
the Chair of the Central Board. To the extent possible, grievances will be held in confidence.

ACKNOWLEDGEMENT
I acknowledge that I have received and read this personnel policy.

Name Position

Signature Date

Personnel Policy, approved by the Central Board April 7, 2020 Page 10 of 10


HARASSMENT POLICY
Approved by the Central Board on April 7, 2020
Second Congregational Church of Beverly, MA

This policy is based on the model policy prepared in 2017 by the Massachusetts Commission
Against Discrimination (MCAD) with the language adapted to cover all types of harassment.

I. Introduction
It is the goal of Second Church to promote a culture that is free of harassment of any kind directed
at any person including, without limitation, fellow employees, contractors, visitors, and members,
whether at work or outside of work. Harassment of employees occurring in the workplace or in
other settings in which employees may find themselves in connection with their employment is
unlawful and will not be tolerated by this organization.

II. Definition of Sexual Harassment


In Massachusetts, the legal definition for sexual harassment is this: "sexual harassment" means
sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature
when:
a. submission to or rejection of such advances, requests or conduct is made either explicitly
or implicitly a term or condition of employment or as a basis for employment decisions; or,
b. such advances, requests or conduct have the purpose or effect of unreasonably interfering
with an individual's work performance by creating an intimidating, hostile, humiliating or
sexually offensive work environment.

Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange
for actual or promised job benefits such as favorable reviews, salary increases, promotions,
increased benefits, or continued employment constitutes sexual harassment.

The legal definition of sexual harassment is broad and applies to both men and women. In addition
to the above examples, other sexually oriented conduct, whether it is intended or not, that is
unwelcome and has the effect of creating a workplace environment that is hostile, offensive,
intimidating, or humiliating to male or female workers may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual
harassment, the following are some examples of conduct which if unwelcome, may constitute
sexual harassment depending upon the totality of the circumstances including the severity of the
conduct and its pervasiveness:
• Unwelcome sexual advances -- whether they involve physical touching or not
• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's
sex life, comments on an individual's body, comments about an individual's sexual activity,
deficiencies, or prowess

Harassment Policy – Approved April 7, 2020 Page 1 of 3


• Displaying sexually suggestive objects, pictures, cartoons
• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or
insulting comments
• Inquiries into one's sexual experiences, and
• Discussion of one's sexual activities

III. Definition of Harassment other than Sexual Harassment


Harassment is a course of conduct which annoys, threatens, intimidates, alarms, or puts a person
in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that
demeans, threatens or offends the victim and results in a hostile environment for the victim.
Harassing behavior may include, but is not limited to, epithets, derogatory comments or slurs and
lewd propositions, assault, impeding or blocking movement, offensive touching or any physical
interference with normal work or movement, and visual insults, such as derogatory posters or
cartoons.

Harassment on any account is unacceptable at Second Church. It is a legal offense if you are being
targeted because of your race, color, religion, nationality or ancestry, sex, pregnancy, gender
identity or sexual orientation, age, disability, mental illness, genetics, military experience, or
parental leave.

Retaliation against an individual who has complained about harassment, and retaliation against
individuals for cooperating with an investigation of a harassment complaint is also unlawful and
will not be tolerated by this organization.

IV. Complaints of Harassment


If any of our employees believes that he or she has been subjected to harassment, sexual or
otherwise, the employee has the right to file a complaint with our organization. This may be done
orally or in writing. If you would like to file a complaint you may do so by contacting either the
Pastor and/or the Chair of the Central Board, both of whom are available to discuss any concerns
you may have and to provide information to you about our policy on harassment and our
complaint process.

V. Harassment Investigation
When we receive the complaint, we will promptly investigate the allegation in a fair and
expeditious manner. The investigation will be conducted in such a way as to maintain
confidentiality to the extent practicable under the circumstances. Our investigation will include a
private interview with the person filing the complaint and with witnesses. We will also interview
the person alleged to have committed the harassment. When we have completed our
investigation, we will, to the extent appropriate, inform the person filing the complaint and the
person alleged to have committed the conduct of the results of that investigation. If it is
determined that inappropriate conduct has occurred, we will act promptly to eliminate the
offending conduct, and where appropriate we will also impose disciplinary action.

Harassment Policy – Approved April 7, 2020 Page 2 of 3


VI. Disciplinary Action
If it is determined that inappropriate conduct has been committed by one of our employees, we
will take such action as is appropriate under the circumstances. Such action may range from
counseling to termination from employment. It may also include such other forms of disciplinary
action as we deem appropriate under the circumstances.

VII. State and Federal Remedies


Using our complaint process does not prohibit you from filing a formal complaint with The
Massachusetts Commission Against Discrimination ("MCAD") and/or The United States Equal
Employment Opportunity Commission ("EEOC"). Each of these agencies has a short time period for
filing a claim – only 300 days. The claim must be filed first with MCAD.1

Approved April 7, 2020

Attested
Dale Miller Bouton, Secretary

1
In Massachusetts, a claim for sexual harassment must be brought before the Massachusetts Commission Against
Discrimination (the MCAD). The MCAD is the administrative agency that handles claims of discrimination and/or
sexual harassment in Massachusetts. A charge of sexual harassment must be brought with the MCAD within three
hundred (300) days of the last instance of harassment.

The 300-day limitations period to bring a claim is strictly enforced. A party who fails to bring a claim within the 300
day period risks losing any legal recourse he or she may have otherwise had. It is important to know that for continuing
violations of repeated harassment, the 300 day limitations period begins from the last instance of harassment.

Claimants in Massachusetts are required to keep their harassment claim in the MCAD for at least 90 days after the filing
of the case. After 90 days, the complainant may move their case to state or federal court. If a complainant elects to
move their case to state or federal court, then the MCAD no longer has jurisdiction over the claim.

If a complainant elects to keep his or her case in the MCAD, they should keep in mind that this does not change the
statute of limitations for bringing a harassment claim in state or federal court. In other words, keeping a case with the
MCAD for longer than three years after the last incident of harassment can cause a claimant to lose their rights to bring
a case in front of a jury. This is one of the many reasons why a party may want to remove their case from the MCAD.
The MCAD can sometimes be backlogged with a heavy caseload and it could take well over a year to decide your case.

The statute of limitations for a claim of sexual harassment in Massachusetts is three years. This means that a party
filing suit in state or federal court must do so within three years of the alleged incident. However, as stated above all
claims must be brought before the MCAD within 300 days of the last instance of harassment. A party cannot bypass
this stage. A complainant who fails to bring a charge before the MCAD prior to filing suit in state or federal court risks
dismissal of his or her claim.
Quoted from Murphy Law Group: http://www.mlgllc.com/blog/massachusetts-sexual-harassment-statute-of-
limitations/

Harassment Policy – Approved April 7, 2020 Page 3 of 3


DOCUMENT RETENTION POLICY
Approved by the Central Board on April 7, 2020
Second Congregational Church of Beverly, MA

I. GENERAL

A. Purpose
In deciding how to store, preserve and dispose of the records generated by the church, the
goals should be to ensure that:
1. Documents of long-term value are well-organized and easy to find
2. Historically significant documents are preserved
3. Documents related to possible litigation are preserved
4. Documents of short-term value are discarded rather than clogging the files.
5. Financial documents and other current operating documents are organized annually to
prepare them for timely disposal.
6. Personal information is protected

B. Categories
Since our staff is small and we need simple, easy-to-remember rules, our policy is to have only
four retention categories for keeping and disposing of records:
1. Permanent
2. Seven years
3. Immediate disposal
4. Records relevant in a lawsuit

II. PROCEDURES

Once every year, perhaps during the summer when church activities slow down, the officers,
parish administrator and financial secretary should go through the papers of the preceding
fiscal year (for the finance people) or program year (for the parish administrator and board
secretary). In each case, the goal is to divide the documents generated during that year into the
four categories described above and to store and label them properly as described below.

A. Documents to keep permanently


1. Corporate Documents describe the church’s identity, processes, and core functions. .
These documents are often best kept in ring binders, which make them easy to locate
and keep in order.
a. Articles of Incorporation
b. Bylaws (one copy of each version as amended)
c. Tax-exemption documents

Document Retention Policy – Approved April 7, 2020 Page 1 of 6


d. Congregational Meeting Minutes, including text of budgets and other documents
approved in the meeting
e. Board Meeting Minutes, including text of budgets, policies, etc. approved in the
meeting
f. Approved policies – gather in a single binder where they will be easy to find. This set
of documents is in addition to the copies attached to Board minutes.
g. Annual financial statements and audit reports

2. Records documenting acquisition and disposal of and work done on our properties
a. Property records (deeds, mortgages, etc.) for all properties
b. Maintenance documentation binder(s): paperwork related to work done on the
church property including contracts
1) Organized by general area (electrical, plumbing, heating, exterior, interior,
landscaping, pest control, etc.)
2) Within each section, all papers stored chronologically,
3) Ongoing contracts for maintenance (like pest control) are stored in this binder
c. Inspection documentation binder(s): paperwork related to required inspections
1) Organized by inspection type: fire/safety, elevator, asbestos, public health, etc.
2) Within each section, include the criteria to be met for each inspection and the
results, year after year in chronological order, with all correspondence
d. Separate documentation binder(s) for the parsonage: similar to the above

3. Other contracts and similar longer-term documents


a. Tenant contracts (such as North Shore Christian School)
b. Insurance policies
c. SOME LONG-TERM DOCUMENT, NOT A CONTRACT, THAT I’M FORGETTING - maybe
it was a long-term contract to lease equipment? Or for copier maintenance?
d. Property maintenance docs stay with property
e. Staff contracts stay with personnel papers in a locked cabinet

4. Records pertaining to incidents of sexual abuse


If allegations are made more or less contemporaneously with the incident, collecting all
the documents related to both the accuser and the accused should not be difficult. But
not all allegations are made contemporaneously, and the statute of limitations is long
for sexual abuse (35 years after the victim turns 18). Because liability to the church
would typically arise from accusations against an employee or a volunteer, that means
that records about employees and volunteers need to be kept for about 50 years, which
for all practical purposes is permanently.

Document Retention Policy – Approved April 7, 2020 Page 2 of 6


5. Employee work histories (personnel files)
Personnel files need to be kept in a locked cabinet since they are likely to contain
personal information such as social security numbers and performance reviews.

Personnel files are on the list for permanent retention because they demonstrate
reasonable employment practices and compliance with employment laws, providing
evidence that the church did due diligence in hiring in case an employee is accused of
sexual abuse. They may also demonstrate that due process was followed preceding a
firing or layoff or in a suit related to harassment. These records typically include:
a. Completed employee applications, resumes
b. Record of reference checks performed, criminal background check results
c. Job offer and acceptance letters. notes from employee interview
d. Performance reviews, awards, commendations, disciplinary actions
e. Compensation Documentation
f. Exit Interview Documentation

6. Historically significant documents


18th and 19th century records from Second Church have been given to Historic Beverly,
and Historic Beverly is the logical repository for our more recent records as well.
The Clerk and Historian should consult with the staff at Historic Beverly to determine
what is considered historically significant and how best to organize materials for
deposit, and then work with our own staff to prepare storage for documents being
saved for historical purposes. These materials are likely to include:
• Articles of Incorporation (including amendments)
• Bylaws (one copy of every version)
• Congregational Meeting minutes
• Central Board minutes with appended documents such as policies and memos
• Approved policies
• Annual reports (very good source for organized information
• Newsletters
• Biographical information about staff, especially pastors
• Lists of volunteers elected to or involved in boards, committees and teams
• Sample bulletins
• Records about major changes to the church
• Documents recording special events like 300th anniversary
• Photographs and videos (may need to update formats from time to time)
Before any documents are physically removed to Historic Beverly, the Clerk should
cause a list to be prepared of all the items being removed, including a useful level of
detail, for example, “Minutes of all congregational meetings, 1950 to 1999.” One copy
of this list remains in the church office, the other goes to Historic Beverly.

Document Retention Policy – Approved April 7, 2020 Page 3 of 6


B. Documents to keep for seven years
This category is comprised primarily of financial documents, where normal business practice –
growing out of tax regulations – is to keep documents for seven years. The recommended
retention period for some financial documents is shorter than seven years, but for us, a single
retention period is more practical. Federal and state tax records, including employment tax
records (Forms W2, W4, 1099 and 1096, 941, etc.) are also in this seven-year category.

It is important to make an annual practice of pulling the documents that should be retained
permanently out of the ordinary financial records that can be disposed of in seven years.
Permanent documents should NEVER be mixed in with documents slated for eventual disposal.

Each summer, all the financial documents for a single fiscal year should be removed from
current files to one or more standard letter/legal boxes. Before boxing up the records:
• Remove all ring binders and large binder clips that can be re-used. Regular paper clips
and staples don’t have to be removed for industrial shredders, only for home shredding.
• Remove all contracts, mortgages, and leases
• Remove all invoices or work orders describing work done on the property (electricians,
plumbers, roofers).
• Remove personnel files related to hiring (but employment tax documents can be boxed)
• Remove any other documents on the list for permanent retention
• Keep the labeled manila folders if you expect to have to search the box in the future.

What is left in the box should ONLY be papers that can be shredded without further review
when the seven-year period is up. Each box should be prominently labeled with the date of
disposal (7 years after the close of the FY in question) and a note confirming that everything in
the box can be shredded without further inspection. Never combine more than one FY in a
single box.

C. Documents to discard as soon as possible


It is frustrating to search through old files clogged with useless documents. The following
classes of items should be discarded as soon as they are no longer needed:
1. Drafts of documents once the final version is approved – this includes drafts of minutes,
policies, bylaws, and worship bulletins. Having multiple similar but not identical copies is
very confusing and time-consuming to deal with. Destroy drafts. Save final versions.
2. Routine correspondence when the issues are no longer “live.” The one exception is
when the correspondence relates to a situation which could result in litigation – such as
an allegation of sexual abuse or harassment, a complaint, an accident report, etc.
3. Notes and jottings – these become meaningless with time. If you have notes that are
actually important, type them up and give them an explanatory title (or at the very least
note on the paper why it is important)

Document Retention Policy – Approved April 7, 2020 Page 4 of 6


D. Documents of all types related to potential legal action
If you believe, or the Church informs you, that Church records are relevant to litigation or to a
dispute that could result in litigation, then you must preserve those records until the Church
Attorney and the Central Board agree that the records are no longer needed. This principle
supersedes any routine destruction schedule established for those records. Incidents that might
conceivably trigger litigation might include such things as:
• Accidents or injuries on church property or while conducting church business off-site
• Allegations of sexual abuse
• Allegations of harassment or discrimination
• Employee firings, layoffs, or disciplinary action
• Grievances, complaints
If you have any questions about which records may be needed for litigation, please discuss it
with the Central Board Chair, and if appropriate, with the Treasurer and Chair of Finance.

A file must be created for any incident or accident that could potentially result in legal action so
that all relevant information is accessible in one place. The statue of limitations begins on the
date of the incident. The general rule is:
• 6 years from the date of the event for litigation relating to contracts (MGL c. 260 § 2)
• 3 years from the date of the event for tort actions2 (MGL c. 260 § 2A) – but note
exceptions in the sections following 2A
• In cases of sexual abuse of minors (civil cases), we may not know the date of the
incident, and the statute of limitations works differently. In Massachusetts, the law does
not begin to count the years until the child turns 18, and the maximum limit is 35 years
thereafter. That suggests a retention period of about 50 years.
• MGL c. 260 s. 4C applies to the abuser.
• MGL c.260, s.4C-1/2 relates to negligent supervision of an abuser or causing or
contributing to the sexual abuse of minor by another person.

Documentation can be critical in defending the church in a legal action. Therefore it is critical to
preserve documentation that proves we screened workers (employees and volunteers) if a child
or youth volunteer is accused of sexual misconduct, or if a security team member is accused of
excessive force. Documentation may include such items as:
• Employee Work histories as itemized above in Part II, Section A, #6.
• Volunteer Rosters – and CORI checks for volunteers working with children
• Records of facility maintenance that may demonstrate reasonable care of the facilities.
• Incident and accident reports capturing factual details that may prove important in later
claims settlements or a lawsuit against the church.

2
There are three elements of a tort action. All three must be present to have a valid claim. These are (1) a duty; (2)
a breach of that duty; and (3) damages resulting from the breach of that duty. The plaintiff must show that the
defendant was under a legal duty to act in a particular fashion; that the defendant did not act according to that
duty (or “breached” that duty); and that the plaintiff suffered injuries or losses (damages) as a result of this breach.

Document Retention Policy – Approved April 7, 2020 Page 5 of 6


• Signed copies of activity participation agreements or special medical needs
documentation because they clarify what the church actually knew and what risks the
individual agreed to accept at the time of an injury or medical incident.

III. PAPER VS ELECTRONIC RECORDS

Paper and electronic records each have their pros and cons. For this church at this time, the
best choice is keeping paper records and having a disciplined program of disposal so that
unneeded records do not accumulate past their disposal date.

PAPER ELECTRONIC
Can take up a lot of space Can be as tiny as a thumb drive or in cloud
Easy to organize and separate by destruction Harder to organize clearly
date
The needed maintenance skills are more Computer skills not high in older congregation
common
Barring a fire or flood, paper lasts a long time Digital formats change, making old documents
unreadable
Privacy issues – can be locked Digital privacy is much more challenging
Can be lost in a fire or flood Can be lost in a computer crash, etc.
It can be a huge task to digitize paper records

IV. PROTECTION OF PERSONAL INFORMATION

Storage: The church shall provide a locked filing cabinet or other locked location for storing
paper records that contain sensitive personal information such as social security numbers,
credit card numbers, and any other information that could be used for identity theft. Digital
records containing personal information shall be kept only on password-protected computers
with active security software. The system must be sufficient to protect church records from
unauthorized intrusion, both in the office and through the internet.

Disposal: Since it is difficult to separate out those financial documents that include confidential
detail, all financial papers MUST be shredded in sight of the staff person overseeing the job
when the seven-year retention period is complete. Discarding papers that might contain
personal information into the garbage or recycling is not permitted.

Approved April 7, 2020

Attested
Dale Miller Bouton, Secretary

Document Retention Policy – Approved April 7, 2020 Page 6 of 6


SCC VIDEO STREAMING INITIATIVE
Three choices:

Cheap: Better: Best:


Laptop $500 Laptop $500 Desktop PC/monitor/KB/Mouse $700
VMix software $60 VMix software $60 VMix software $60
Camcorder (Canon Vixia) $350 PTZ Optics HDMI camera $1,800 PTZ Optics dual camera bundle $7,500
Tripod $100 Tripod or wall mount $100 Camera wall mount (2) $200
UM2 Audio interface $50 Behringer UM2 Kit $150 Samson Stage 4 pack wireless
HDMI extender $150 HDMI extender $150
Aja U-Tap video interface $340 Aja U-Tap Interface $340 Mic stands w/boom (2) $250
Cables, misc parts $100 Cables, misc parts $300
PoE switch $600
TOTAL = $1,400* TOTAL = $3,200** TOTAL = $10,110***

* good internet connectivity (LAN *** good internet connectivity


cable) needed, set up space ** good internet connectivity (LAN (LAN cable) needed, set up space
needed (recommend transept cable) needed, set up space needed (recommend balcony). Lots
nearest pulpit). Pull audio from needed (recommend balcony) of cable pulls, data jacks, other
existing sound system rack. labor.

The cheap set up I could probably handle installing and testing,


but the other 2 choices will most likely require a vendor to install, so labor charges will also apply.

Video Streaming Initiative Choices discussed April 7, 2020 (one page)

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