Clergy Contracts: Legal and Practical Considerations for a Sacred Relationship Norman Leopold, Carl Silverman, Michael M. Lorge Mark S. Anshan, Michael Laufer & Hon. Steven Burkett URJ Biennial, San Diego, CA -- December 13, 2013 1
Welcome to the URJ Clergy Contracts Workshop Presenter: Norman Leopold, Esq. URJ North American Board URJ General Counsel URJ Legal Committee Co-Chair Workshop Co-Leader Leopold Korn, P.A. Aventura, FL Temple Sinai of North Miami Beach, FL URJ Biennial, San Diego, CA -- December 13, 2013 2
ברית קודש B rit Kodesh A Sacred Partnership Leadership in the model of Abraham demands of us that we labor in partnership. Abraham came to understand himself as God s b rit-partner in the work of bringing sanctity to the world. Synagogues can fulfill their roles as dwelling places and messengers of the Divine Presence only when their leaders, both lay and professional, understand themselves as partners in sacred tasks. Our challenge and our goal should be for every encounter, every meeting and every relationship to be a place where the Divine Presence is found. This is the path of Abraham; let us follow in his footsteps. Rabbi Eric Yoffie, B rit Kodesh, Sacred Partnerships Publication http://urj.org//cong/board//?syspage=document&item_id=14858 3
Welcome As your URJ General Counsel during this biennium Often working in partnership with the URJ Legal Committee We have made clear: 1. We are NOT legal counsel representing [any] URJ Congregations 2. Local attorneys should be identified, retained and relied upon 3. Each Congregation s call will be treated with utmost confidentiality 4. We are URJ Board members, past presidents of congregations, senior attorneys in private practice, and will help recommend an approach The genesis of this Workshop is the URJ s vision that URJ lay leaders and Biennial attendees wish to become better informed on the subject of clergy contracts 4
Welcome What General Areas Have Occurred most frequently for Clergy Contracts? 1. What are the first steps for us to take in negotiating a clergy s contract? 2. What are the terms, conditions, benefits and provisions to be included? 3. What are the special issues and concerns of our Canadian Congregations? 4. What use can be made of surveys, RPB and the Conference of Presidents? 5. What reliance should be placed upon The Gold Book and the NCRCR? 5
Welcome Who are the Panel members? Norman Leopold, Esq. nleopold@leopoldkorn.com Carl Silverman, Esq. silverman@csslawllc.com Michael M. Lorge, Esq. mmlorge@gmail.com Mark S. Anshan, Esq. manshan@rogers.com Michael Laufer, Esq. mhlaufer@rhodalee.com Hon. Steven Burkett sburkett@comcast.net What is Available in Handouts and Electronically? Are Attendees Questions Welcome? 6
Welcome What Specific Questions Have Been Asked More Frequently by Congregational Lay Leaders regarding Clergy Contracts? 1. Are lawyers necessary or preferable in negotiating contracts? 2. Is there a preference for minimum/maximum length of term? 3. What are the different concerns in negotiating a first-time rabbi s contract vs. a more senior rabbi s, or retiring rabbi s contract? 4. What are the issues associated with terms such as parsonage, COLA, severance, sabbatical, discretionary funds, health benefits? 5. What happens if the Congregation s finances deteriorate? 6. Are salary freezes and reductions in salary or benefits ever okay? 7. Is it ever preferable not to have a clergy s contract in writing? 8. What is different about clergy contracts vs other contracts? Are you ready for: Clergy Contracts: legal and Practical Considerations for a Sacred Relationship? 7
II. Recommended Approach to Clergy Contract Negotiations Presenter: Carl Silverman, Esq. URJ North American Board Member URJ Legal Committee Co-Chair Workshop Co-Leader Law Office of Carl S. Silverman, LLC Baltimore, MD Baltimore Hebrew Congregation URJ Biennial, San Diego, CA -- December 13, 2013 8
II. Recommended Approach 1. Identify the Congregation s negotiating committee to include: A. the appropriate number, and composition of key members; and B. the involvement in, and support by, specialists for certain input and support. 2. The Committee should become knowledgeable about: A. the concerns, needs, wishes and objectives of the Congregation; B. the same with and for the Clergy who is on-the-point ; C. the wherewithal of your Congregation to address and agree to the next contract. 3. Your Rabbi [or Cantor] should be offered, if not encouraged, to choose counsel. 4. Be mindful that the process of negotiating a contract is a real process, and requires (a) planning, (b) patience, (c) constancy of purpose and actions, and (d) flexibility. 9
II. Recommended Approach 5. The terms of the contract to be considered are neither exhaustive nor necessarily inspired, but represent a starting point to be considered in the process. 6. In preparing for, carrying out, and then living with the process, it behooves your committee to do the following, unrelentingly, and with re-assessment ongoing: A. to treat your Clergy with dignity consistently and without deviation; B. to put yourselves [committee members] in your Clergy s shoes ; C. to listen carefully to what[ever] your Clergy [or his/her counsel] has to say, the demands or requests, and the reasons expressed for them; and D. to attempt to address all concerns, items, needs, wants of your Rabbi [Cantor], as well as they can be. 10
II. Recommended Approach 7. At the end of the proverbial day, i.e. the process of negotiating the next contract, your committee, and your Congregation, can only do what it can do to satisfy your Rabbi s needs and wants, and expressed concerns. 8. It then becomes the responsibility of your committee, and on behalf of your members, and the Congregation s future, to explain to your Rabbi what your Congregation can (and will) do for him/her in its next contract. There may be limits. 9. The promises made, reflected in the terms agreed to, then must be carefully and clearly expressed within the document (i.e. clergy contract) to minimize any chance of misunderstandings and adverse consequences that can be avoided, going forward. 10. Irrespective of full compliance with the process, and all best intentions of your committee and Congregational leadership, it is the implementation of the B rit Kodesh day-to-day that will, over time, be most important, and long after the process of negotiating a clergy s contract for your Congregation has been concluded. 11
III. Clergy Contracts Methods & Contents Presenter: Michael M. Lorge, Esq. URJ North American Board Member Corporation Counsel Skokie, IL Temple Beth Israel of Skokie, IL URJ Biennial, San Diego, CA -- December 13, 2013 12
III. Clergy Contracts Methods & Contents "Sundays In The Cemetery For Cash" or Why We Evolved From A Handshake The Contract Process, Advocates and Insulating Clergy From The Process How do you negotiate with clergy, who are called upon 24/7 for counseling, pastoral interaction and personal crises? Using Covenantal Language to Emphasize The Unique Clergy\Congregational Relationship Obligating A Future Congregation s Board With Salary Increases Over Time 13
III. Clergy Contracts Methods & Contents Discretionary Funds: Guidelines and Privacy vs Accounting When A Contract Is Not A Contract: Length of Term and Termination Terms Clergy contracts in mergers Moral Turpitude I know it when I see it Severance Benefits: Are We In Touch With The "Real" World? How Many Reasons Not To Tie Salary To Membership Or Fund Raising 14
III. Clergy Contracts Methods & Contents A New King Arose Over Egypt Who Did Not Know Joseph or Continuing Contract For Professional Employment: Good For Congregation And Clergy First Contract And Renewal Contract Differences (In Sync With The Movement) Other Possible Terms: New Models Of Sabbatical; Community Involvement; Emeritus Status: Evaluation; On-Going Review Of Clergy; Clergy Authority Over Ritual And Liturgy -- Freedom Of The Pulpit 15
IV. A Canadian Perspective Presenter: Mark S. Anshan, Esq. URJ North American Board Member Drache, Aptowitzer Non profit charity lawyers / Mediator and Arbitrator Toronto, ON Holy Blossom Temple of Toronto, ON URJ Biennial, San Diego, CA -- December 13, 2013 16
IV. A Canadian Perspective No At-Will Employment Human Rights Constructive Dismissal Litigation Restrictive Covenants 17
IV. A Canadian Perspective No At-Will Employment in Canada If no written agreement = law provides for reasonable notice or pay in lieu of notice FOR CLERGY = written agreement with terms Human Rights Employer must accommodate disabled employee to point of undue hardship to the employer FOR CLERGY = congregations provide insurance 18
IV. A Canadian Perspective Constructive Dismissal FOR CLERGY = all terms in agreement Material Changes FOR CLERGY = amendments negotiated and confirmed in writing Restrictive Covenants FOR CLERGY = e.g. non compete, not starting new congregation = carefully worded to be enforceable 19
V. Conference of Presidents Perspective on Clergy Contract Negotiations Presenter: Michael Laufer, Esq. URJ North American Board Chair, URJ Conference of Presidents Temple Shaaray Tefila of New York, NY URJ Biennial, San Diego, CA -- December 13, 2013 20
V. Conference of Presidents Perspective on Clergy Contract Negotiations Do the Right Thing How to determine what is Fair Reasonable Appropriate? 21
V. Conference of Presidents Perspective on Clergy Contract Negotiations Rabbinic Salary Study 2012-2013 Rabbinic Health Study 2012-2013 All URJ congregational presidents have access to the salary study and health insurance survey which are password protected on the URJ site If you do not have the site or passwords, please send an email to: confpresidents@urj.org with your Name Congregation name, city and state 22
V. Conference of Presidents Perspective on Clergy Contract Negotiations Absence of Malice What should I do when my Rabbi wants to use an attorney? 23
V. Conference of Presidents Perspective on Clergy Contract Negotiations Jerry Maguire Balance of Power 24
V. Conference of Presidents Perspective on Clergy Contract Negotiations The Rules of the Game What is the role of The Gold Book? 25
VI. The Gold Book and the NCRCR Presenter: Hon. Steven Burkett URJ North American Board Member Co-Chairperson, North American Commission on Rabbinic-Congregation Relations (NCRCR) Chief Judge of Camden City (NJ) Municipal Court Congregation M'kor Shalom of Cherry Hill, New Jersey URJ Biennial, San Diego, CA -- December 13, 2013 26
VI. The Gold Book and the NCRCR GUIDELINES FOR RABBINICAL-CONGREGATIONAL RELATIONS ("THE GOLD BOOK") What Is The Gold Book? What Is Its Significance To Rabbinic-Congregation Contracts? How Does It Play A Role If The Relationship Of Rabbi And Congregation Goes "South"? 27
VI. The Gold Book and the NCRCR NORTH AMERICAN COMMISSION ON RABBINICAL CONGREGATION RELATIONS ("NCRCR") What Is The NCRCR? What Services Does It Provide To Rabbis And Congregations? How Does It Provide These Services? Informal Consultation Conciliation Mediation Arbitration 28
VII. Reflections & Closing Thoughts Recommended Approach Clergy Contracts, Methods & Contents A Canadian Perspective Conference of Presidents Perspective The Gold Book and the NCRCR Further Questions or Comments?
Thank you for your engagement here today, and we wish you fruitful clergy contract negotiations! 633 Third Avenue, New York, NY 10017-6778 212.650.4000 urj@urj.org www.urj.org 30