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SECURE IN WORSHIP Secure in Worship: Principles for Enhancing Security in Houses of Worship While Maintaining a Ministry Focus Forrest A. Norman, Esq. [email protected] Dickie, McCamey & Chilcote, P.C. 600 Superior Avenue East Suite 2330 Cleveland, OH 44114-2614 Main: 216-685-1827 Fax: 888-811-7144 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Main: 412-281-7272

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Page 1: SECURE IN WORSHIP - EPC

SECURE IN WORSHIP

Secure in Worship: Principles for Enhancing Security in Houses of Worship

While Maintaining a Ministry Focus

Forrest A. Norman, Esq. [email protected]

Dickie, McCamey & Chilcote, P.C.

600 Superior Avenue EastSuite 2330

Cleveland, OH 44114-2614

Main: 216-685-1827Fax: 888-811-7144

Two PPG Place, Suite 400Pittsburgh, PA 15222-5402

Main: 412-281-7272

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PURPOSE:

This Seminar is designed to help your churches take pro-active steps to enhance security on multiple levels. We will address threat identification, physical building security measures, put-ting processes and procedures in place to increase security throughout the church environment, honoring ministry first, church security teams, concealed carry laws, and an orientation to active incident response training. The overarching principle is to keep ministry first.

INTRODUCTION

SECURITY MINISTRY

SECURITY AWARENESS & RISK IDENTIFICATION

CHURCH SECURITY TEAM FORMATION

PHYSICAL SECURITY & TARGET HARDENING

LEGAL DUTIES & RESPONSIBILITIES

CONCEALED CARRY LAWS

ACTIVE INCIDENT RESPONSE TRAINING

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I. INTRODUCTION

Our Constitution protects religious liberty as the first right of citizens. Fundamental to these rights is the absolute right to be free to worship according to the dictates of conscience. We call this the “free exercise” clause of the First Amendment in the Bill of Rights.1 This right is so important that it is historically fair to say that without the guarantee of free exercise it is doubtful that the states would have ratified the constitution.

Absolutely essential to these rights is the right to be safe and secure in worship.

As a lawyer, I would love to elaborate on how the rights are interwoven, with the Constitution grouping the right to free exercise of religion with the right to freely and peaceably assemble, to speak, and to be free from governmental coercion in matters of faith. But right now, with the most recent murderous assault on worshipers in a Pittsburgh Synagogue, the latest in an all too long list of church shootings, I just want to focus on one single fundamental principle: the right to be safe and secure in worship.

A house of worship must be a place of peace; a sanctuary from the world so we can approach the almighty in the quiet of our own heart, a place of peaceable assembly for a congregation of like-minded believers.

1 “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” U.S. Const. Amendment 1.

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These rights are not given by the government, but are to be secured by the government. 1 But that does not mean that it is only “the government’s job” to secure those rights. It is all our job. And let us not forget that we, the people, are “the government” – the government which is by the people, of the people, and for the people. But even more fundamental is the concept that we are a free people and the right to worship freely and peaceably is God-given, not man given.

Over the past several years we have seen a spike in attacks on houses of worship. None of those have been per-petrated by our government. None. (This cannot be said of other countries – but that is another article). None of them have been sanctioned or encouraged by our government. They have been individual acts of hatred and terror. They are acts perpetrated by deeply troubled people; criminals and the criminally insane. We need to re-member that we live in a broken world, where crime, sin, and depravity have always existed, and sadly, always will; at least until the Good Lord comes again to restore humanity.

But given that reality, the next question becomes how do we deal with it, and what can we do to secure the right to worship peaceably not in the abstract legal sense, but in the physical sense. A few underlying principles should be utilized as a starting point:

First, do not to politicize these heinous acts.

Second, churches and synagogues remain incredibly safe places, and no one should be intimidated by a few horri-ble acts to avoid worship. But churches are nevertheless “soft targets.”

Third, do something. You do not need to make your church a fortress, or imbue your synagogue with airport like security check-points. But you can take basic responsible steps to improve safety. Consult with people in the in-dustry. Come up with a plan. And accept that you do not have to do it all at once – just do something. Managing risks, whether you approach it first from the legal liability or the defensibility perspective does not really matter. Safety and Security is multivariate and ongoing, and there are many layers of security you can implement with ease, starting today. Call someone to consult.

Finally, and this is perhaps the most abstract, but most important point. Exercise the “Right to Free Exercise” vig-orously. Respect it in others, talk about it, share it, and hold it in the highest regard not only for its spiritual value, (which is paramount), but for its fundamental role in our free society. For by living our faith openly, we make it so integral to our society that no act of terror, no crime of hate, and no act of intimidation can take it away.

Forrest [email protected]

2 The “right” to free exercise of religion is not derived from the U.S. Constitution, but is a fundamental human right, as is evi-dent from the wording in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

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The first four words of the Mourner’s Kaddish were printed on the front page of the Pittsburgh Post-Gazette as a tribute to the 11 people killed in the October 27, 2018 shooting at the Tree of Life synagogue. The words mean “may His great name be exalted and sanctified.”

The risk is real. The consequences are catastrophic.

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II. SECURITY MINISTRY

Security Ministry is the intersection of physical, legal, and pastoral efforts to provide a safe and secure en-vironment for the people and mission of the church.

Security Ministry zealously protects the Believer Security Ministry zealously protects the Visitor Security Ministry zealously protects the Word of God Security Ministry earnestly upholds the Law

For churches, the ministry aspect of security concerns should be pri-mary. Care for the person, care for their soul, and care for their relationship with God all must not only be a focus, but must be essential aspects of an overall approach to security in church. But if we are going to live out the words we teach and “practice what we preach,” then those in church leader-ship need to have a broader view of church security. “Security Ministry” is the intersection of three components – ministry, legal, and physical security. Where they overlap is where they are strongest.

Physical Security provides a physically safe environment. Literally, it means that the individual in the church building not only feels safe, but is safe from any reasonably foresee-able physical harm. The significance of providing a safe environment for those in the church building cannot be overstated. When people come to church they are in an emotionally and spiritually open state of mind; they are emotionally vulnerable. It is extremely difficult to foster spiritual security in a physically un-secured environment. When the safety of the church has been breached the impact is felt beyond the assault, and impedes spiritual health, as well. That is extremely damaging to the church’s mission.

Legal Security involves protecting rights and fulfilling obligations. The Legal aspects of security are gen-erally more difficult to grasp, and therefore all too easy to overlook. The risk of liability in case something goes wrong is very real, and when imposed, can have devastating effect on all aspects of a church’s life. Not only are there financial repercussions from liability being imposed, but there can be a loss of goodwill in the community, and the stigma of having been adjudicated negligent (or worse, in the case of child abuse), can taint the ministry’s reputation for decades, if not permanently. Legal security includes principles of confidentiality, mandatory report-ing, and the identification and elimination of foreseeable risks. Proper legal guidance on the front end can assist in organizational and structural solutions to problems before they arise much in the same way that physical security provisions can prevent physical harms from occurring.

Another aspect of the legal side of security ministry is maintaining the right to Free Exercise of religion. There are forces in our society today that are actively seeking to minimize the role that religion plays in society and culture. The drive to classify certain topics and positions as “hate speech” – even in church - has an absolutely chilling effect on ministry

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If legal rights are not exercised they will atrophy. It is therefore essential for a church to know and under-stand its legal rights in our society, and to actively exercise those rights in accordance with the dictates of con-science, to the limits of the law.

“Pastoral Security” provides for the spiritual protection and growth of the congregant. It fosters develop-ment of faith, includes proper teaching of doctrine, teaches people to learn to trust in God in times of trouble be-fore the trouble arises. Pastoral Security respects personal boundaries and upholds the values of the faith. Pastoral Security welcomes the visitor so there is no barrier for the inquirer.

Be wise. Be intentional. And consult with others.

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PhysicalSecure DoorsTwo Deep LeadershipCamerasIncident Response TeamsTrainingUshers & GreetersBarricadesLock Down / Evac plansMinistry Boundaries

LegalCorporate FormCompliance with Reporting Employee ScreeningInsuranceConceal Carry LawsBoard Policies“Foreseeability”ConfidentialityFinancial / AccountingMinistry Boundaries

MinistryFostering Trust in GodBiblical Basis for SecurityPrayer SpaceConfession / CounsellingSanctuary spaceBe Not AfraidBiblical RelationshipsMinistry Boundaries

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III. SECURITY AWARENESS & RISK IDENTIFICATION

Security awareness begins with a basic acknowledgment that a threat exists. Awareness, however, can be fleeting. When the raw shock of a church shooting wears off, and when the headlines no longer highlight the tragedies experienced by the community, it is all too easy to slip back into a false sense of security and assume that your church will not be the victim of a crime. Assumptions are made that your neighborhood is safe, and that your church has no known problem relationships within the community, or that your pastor and congregation are so loving that no one could be angry with you. Factually, all of these may be true. You may be in a safe neighbor-hood, have great community relations, and be a wonderful caring community of faith which welcomes all comers. But examination of church shootings defy all of the supposed peace-and-safety factors. There is no correlation between the general crime-free status of a neighborhood and a church shooting. There is no correlation between the caring nature of a congregation and its selection as a target of a hate crime. Sadly, violence perpetrated on churches is most often random.

One of the best ways to avoid the trap of a slipping into a false sense of security about your church’s poten-tial as a target of crime is to view the possibility along a continuum. Classifying risks from most likely to lest likely will enable you to view protective measures along a similar probability scale and implement protective measures according to the risk. It also helps to identify the simple fixes first, and begin enacting the easiest, lowest cost mea-sures immediately.

All church leaders will acknowledge that security is important and will readily affirm that the church needs to do something about it. But all too often that “need” is pushed aside by the press of other church business, or ne-glected for want of guidance on how to meet the need for security. Sometimes the biggest obstacle for churches in implementing security measures is designating the proper person to oversee the effort. It is all too easy for church members to pass off church security protocols to the professional on staff – the pastor. Most seminaries do not train pastors in security countermeasures. So while the pastor may be the one who cares most deeply about the flock, his skill set does not necessarily line up with implementation of physical security plans and active incident response management. So the most basic element in risk identification is to make sure that someone at the church has cognizance over risk analysis and security planning. Appoint someone.

Appoint someone. At the risk of playing into Presbyterian stereotypes, “form a committee.” But to make this more effective and efficient than your typical church committee, begin by appointing “someone” – with an emphasis on one. That individual can then be tasked with forming a security team (or “committee”). Forming a Team is discussed below.

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IDENTIFY THE RISKS BE AWARE OF THE TYPES OF CRIMES YOUR CHURCH MAY FACE

- Vandalism - Arson - Property Theft - Financial Theft - Assault Inside the church Outside the church Travel (e.g. youth mission trip) - Sexual Assault Rape & Attempted Rape Sexual misconduct with a minor Predatory conduct (grooming to abuse) - Ministerial Misconduct - Stalking - Bullying - Cyber-crimes (theft/extortion/misappropriation of personal data) - Protests - Obstructionist (e.g. interference with worship) - Anti-church attacks - Hate Crimes - Domestic Dispute - Crimes of Passion - Terrorism

Use this list as a check-list in your security committee to assess what security measures you have in place that are directly preventative / responsive to the threat. “Target hardening” is responsive to the threat of terrorism and hate crimes, for example.

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UNDERSTANDING THE REALM OF POTENTIAL PERPETRATORS

Simply being aware of what classification of individuals may pose some degree of threat will help identify process-es and procedures which can be enacted to reduce the risk. For example, a disgruntled ex-employee may pose a risk. Do you have an exit protocol which removes the individual’s access to computers, retrieves church keys, and gives them an opportunity to provide feedback which might have a cathartic effect? (Exit interviews can be very beneficial in this regard).

There are four simple Church Security Principles to apply in beginning the security planning phase:

Acknowledge the Issues Be Realistic Don’t Lose Sight of Your Ministry Make a Plan

A. Acknowledge the Issues Understand that there are real threats facing churches. Threats include physical assault, robbery, sexual assault, cyber-threats, financial theft, hate crimes, crimes of passion, child abduction, domestic disputes which manifest at church events, child abuse, vandalism, trespassing, and terrorism.

B. Be Realistic

Focus your energies on establishing procedures and protocols designed to head off the most relevant risks your congregation faces. For example, if you are in an area where auto theft is common, parking lot protection is in order. If you have frequent evening meetings in the church building, outside lighting and door systems are logical. Understand what your security measures can and cannot do. Work within your budget.

C. Don’t Lose Sight of Your Ministry

Consider the impact a proposed security measure will have upon your ministry. Churches exist to worship God, to bring disciples closer to God in their daily walk, to serve others, and to uphold the theology entrusted to your particular body of believers. Do not let fear and security concerns overshadow your outreach. Running visitors through TSA style screening while giving frequent worshippers a bypass might not be conducive to your community outreach. Bi-monthly active shooter drills during worship may be a good way to cut off a sermon which is running long, but probably does not really honor the spirit of corporate worship.

D. Make a Plan

Make a plan; implement it; revise it.

You do not need to address every church security problem at once. While a comprehensive security plan is ideal, do not wait until you have provided for every contingency before you begin planning and implementing the easy first steps.

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- Employee- Ex-employee- Church Member- Known Perpetrator

- Unknown Perpetrator- Domestic Disputant / Restraining Order (Child Custody Issues)- Protestor / Obstructer

- “The Crazy Guy”- Intoxicated visitor- Individual displaying odd behav-ior

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IV. SECURITY TEAM FORMATION

Find someone interested in spearheading a simple security task force. That individual should recruit like-minded individuals who are concerned about some aspect of security. They do not need to be professionals – they only need to be committed to enhancing security at the church, and be willing to consult with professionals. One size does not fit all. Larger churches have different security needs than smaller churches. But keep in mind that most of the mass church shootings have occurred in smaller churches. It is unknown whether this is a function of higher security at the larger churches, because the perpetrators of the shootings generally do not survive the event to yield insight into the target selection. A larger church can justify a larger security steering committee simply by virtue of its larger numbers of congregants to draw upon.

Documentation of your efforts is important – but more so for logi-cal analysis and review by church leadership, and for defending against liability should you need to prove your attention to detail. Too many church committees get bogged down in drafting the perfect plan before beginning implementation. Don’t fall into that trap. Safety is more im-portant to “do” than “write about.”

Every church seems to have someone involved in law enforcement in the congregation. There is some wisdom in approaching these in-dividuals when forming the security team, as they are professionally trained. However, do not place the entire burden on your law enforce-

ment member – they need to worship, too. Law enforcement officers are deeply committed individuals, dedicated to safety of the general public. But before you ask them to be the security team, (most will say yes automatically, because that is the kind of person they are), consider spreading the weight of the position around. There are many men in the congregation who would love to become involved in the church and are looking for something which peaks their interest. Security ministry gives them an opportunity to serve.

Include women on the security team. Women experience different security issues than men, and gaining their perspective is essential.

“Consult and Confer”

Most of your church’s security planning is common sense. Church leaders like to think of themselves as being well endowed with common sense. The temptation, therefore, is to save money and do it all yourself. That approach fails to take advantage of the resources that are available. There are professionals who make a living out of analyzing and implementing best practices in church security, so it makes common sense to consult with the professionals. Some aspects of church security are not as obvious as one might think, (tips for dealing with ob-structive behavior, such as “the crazy guy” disrupting the service), and professionals pick up on subtle site-specific issues you may overlook. The costs associated with consultation are entirely acceptable when viewed in relation to the peace of mind – and actual safer environment – produced as a result of the consultation.

Periodic consultations will enhance your security profile. From security training to legal reviews of poli-cies and procedures, the act of outside consultation is critical, as it closes gaps and establishes a safety “check and balance.” Consultation with legal counsel is protected by attorney-client privilege, which enables full candor in com-munications. Most states have statutory protections for non-profit leadership boards which consult with legal counsel and other professionals. It constitutes due diligence.

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“Paperwork doesn’t keep you safe.”

While it is important to document your safety procedures and protocols, paperwork does not prevent crime. Implementing security procedures is

what helps prevent crime. Do not wait until you have the perfect plan befor

you begin putting procedures in place.

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V. PHYSICAL SECURITY AND TARGET HARDENING

Locks on doors. Use them.

Door entrance systems (‘buzz someone in’)

Door Locking systems.

Internal door locking systems.

Barricades

Cameras – (Cameras are more investigative as they do not physically prevent a crime, although they can have a deterrent effect).

Signage – “Surveillance Cameras on Premises” “Security System”

Signage directing visitors

Panic Buttons

Lighting – internal and external. Light the parking lot. Light the area by the doors.

Landscaping – (check for obstructions and hiding places near doors).

Police presence on occasion.

Pepper Spray boxes. (Great non-lethal alternative)

Door windows

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VI. LEGAL DUTIES & RESPONSIBILITIES3

Above and beyond any legal duties, a church has a moral, ethical, and religious obligation to provide a spiritually safe environment. The good shepherd keeps his flock safe from physical harm. The Good Shepherd keeps his flock safe from spiritual harm. There are enemies prowling around looking to do harm to the flock. As church leaders, you are the shepherds. You have a responsibility.

A church has a legal duty to provide a reasonably safe place for its intended purpose. The precise measure of the reasonableness depends on the foreseeability of the risk.

If a church assumes a duty it otherwise would not have, it is responsible for carrying out the duty with due care and diligence. The church may be liable for negligent performance of a duty. This should be considered when assessing the church’s concealed carry policy (see below).

A church has a legal duty to provide a reasonably safe place for its intended purpose. The precise measure of the reason-ableness depends on the foresee-ability of the risk.

A duty of reasonable care is owed to the church’s members, visitors, employees, and volunteers. In some jurisdictions, and in some instances, a special rela-tionship of trust is applied with respect to pastoral staff. Liabil-ity may attach for breaches of that special relationship, particu-larly with respect to personal boundaries. The “Clergy/Penitent Privilege” protects some communica-tions with pastoral staff, but not all. Clergy should be given legal instruction on the scope and application of the privilege. Churches come into possession of highly personal data. Protection of that data from improper disclosure (by negligent

disclosure or by misappropriation) is an important element of church safety and security. Handling of sensitive information requires due care.

There are statutory child abuse reporting requirements in every jurisdiction, and failure to follow report-ing procedures can lead to civil and/or criminal penalties. It is strongly recommended that a church obtain periodic legal reviews of its policies and procedures, and that church leadership be briefed on legal risks and liability exposure. Knowing and understanding the risks is a critical aspect of leadership. As for individual church leader liability, most states have some form of statutory immunity for volunteer members of non-profit boards, such as church leadership boards, for the good faith performance of their fidu-ciary duties. One element to establish good faith performance is seeking counsel and relying upon that counsel. Intentional malfeasance and/or willful or wanton disregard of those duties may negate the statutory immunity. Knowing where the boundaries are will keep church leadership safely within the proper bounds. Churches are not immune from liability merely because they are churches.

Consult with competent legal counsel on the parameters of liability for safety and security issues. Under-stand the legal implications of your decisions.

3 Disclaimer: the presentation of this seminar and this paper does not constitute formal legal advice and does not create an attorney client relationship. The purpose of this paper is to provide a basic orientation to legal considerations with respect to church safety and security issues, and to encourage further consultation with appropriate professionals, both in the legal and security indus-tries.

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VII. ARMED SECURITY & CONCEALED CARRY CONSIDERATIONS

The idea of guns in church strikes most of us as inappropriate. A church is a place of worship. A church is a place of peace. Everyone should understand the sanctity of a place of worship. We call it God’s House. Even the physical space of the church seems sacred and somehow emanates a pervading sense of peace. We approach it with reverence. It is a place where we seek peace of mind and peace of heart. It is a sanctuary from the troubles of the world – it is where we go to find a peace that provides relief from fears and pains brought on by a broken world. We are emotionally vulnerable as we open our hearts and minds to God and want to be enveloped in a blanket of calm. We don’t want to have to be “on guard.”

Most regular church attendees are of the mindset that churches are set apart as a special place of peace and should be treated as such. Most criminals intent on doing harm in a church are of the same mindset – and are going to exploit it. They are selecting the church as a situs of their crime because it is a soft target. It will give them a greater advantage over their victims, caught unaware and unprepared. The shock of encountering violence in a place of peace will give the criminal more power over his victims.

If we are to care fully for the flock we should be in a position to articulate our position from a

Biblical perspective.

In providing for church security, we need to be aware of this vulnerability. But we also need to be sensitive to the very thing which makes our churches such an attractive place of peace and work to preserve the sanctuary environment.

Should your church utilize armed security guards? Should it arm its own security team? Should it hire an armed security

team? Should it permit licensed concealed carry permit holders to carry on church premises? Should it rely on the local police? Shouldn’t you faithfully rely on God’s all-sufficient providential protection?

Let us address the last question first. There are many good theological arguments in favor of not permitting weapons in a house of worship. While it is beyond the scope of this article to give exegetical consideration to the pros and cons of protecting the sacred spaces to which you are entrusted, we need to acknowledge that this is a val-id discussion to have. If we are to care fully for the flock we should be in a position to articulate our position from a Biblical perspective. We, as church leaders, should absolutely respect any church, synagogue, meeting house, or other place of worship which decides as a matter of faith to exclude weapons. You also should be confident in the theological position which supports your position, regardless of how it is manifested.

One the decision is made to permit some form of defensive armament, questions of how to manage that position arise. This is a point where you need to be absolutely certain on the law, your legal rights, those of your members and visitors, and have an understanding of the legal implications of your decision. I strongly suggest that you seek legal counsel in working through this process.

• Consult with legal counsel before implimenting a concealed carry policy

• Consult with legal counsel and training professionals before arming your own security team.

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Considerations abound at every level of this decision:

Do you want to hire an outside security company or build your own? If you use an outside company, do you want them to be visibly armed, armed but covered, clearly uniformed or dressed in more subdued uniforms? Armed and uniformed is a deterrent to criminals, but some also feel it is a deterrent for visitors. What level of interaction do you want your security team to have with your congregation? How do you want them to interface with your in-house security manager? Granted – the overwhelming number of churches are not large enough to merit the level of staffing that would provide for this level of detail, so where do they compromise?

If a church takes on the responsibility for training its security team it also takes on the responsibility of training its team properly. This means that in the event something goes wrong, it takes on the liability. (Did you train your security employees to assess what/who is beyond the target? Did you give the team practice scenarios?) If you have proficiency requirements, what are you doing to ensure the standards are met? Do you have adequate background checks on your team members?

Concealed Carry considerations:

As a property owner, the church has the right to restrict firearms on the premises. Different states have different requirements for CCW permit holders and different approaches to permissible carrying on church prop-erty. If a church adopts a detailed policy on CCW it runs the risk of conflicting with state law. Have legal counsel review the policy and give you an opinion on compliance.

Does the church have a school on campus? If so, different rules and regulations may apply, and may poten-tially restrict the parameters of what is permissible. Consult with counsel.

Some churches give limited permission to carry, designating specific individuals as authorized. Some churches give a blanket grant of permission to carry. Each approach has different implications for the church.

Possessing a Concealed Carry permit does not make an individual a para-police officer. It does not vest the individual carrying with law enforcement rights, arrest and detention rights, and certainly does not give them a James Bond-like license to shoot. CCW is a personal defensive right. Being on a church security team does not entitle a CCW holder to draw upon or fire upon in any greater sense than if that team member encountered the perpetrator at random on the street. Any use (or display) of force must be legally justified on its own case-specific basis.

- Use of the firearm must be legally justified. - Brandishing a weapon can be a crime if not legally justified. - Improper use or display of the firearm is criminal. - Improper use of a firearm will subject the individual to criminal process and penalties.

CCW holders are under no obligation to defend others. A duty to retreat may apply, depending on the circumstance. (Discuss state specific laws with legal counsel).

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For example, in Pennsylvania, the use of deadly force is not justifiable unless the actor (in this case the CCW holder) believes that such force is necessary to protect himself against death, serious bodily injury, kid-napping or sexual intercourse by force or threat, “nor is it justifiable if: (i) the actor … provoked the use of force against himself; or (ii) the actor knows that he can avoid the necessity of using such force with complete safety by retreating, except the actor is not obligated to retreat from his dwelling or place of work, unless he was the initial aggressor [etc.].”

Interpreting the statutory structure is not something that your volunteer church security team is likely to be able to do “on the spot.” If a bad guy with a gun walks in and points it at a church member, the decision to act is likely clear. But there are gradations. If a bad guy with a lead pipe walks in and begins swinging it in a threaten-ing manner, your volunteer team is not going to run through the elements of Pa. Code Section 505 in deciding to react. A high stress judgment call is going to be made in a fraction of a second. And the situational gray areas are the concern. If there is an active shooter in the church there is little doubt that the defensive use of deadly force will be deemed justifiable. (Again, depending on the precise situation, it may vary. For example, if the perpetrator stops shooting and gives up, the application of deadly force may not be legally justifiable – this will be something that a court of law will determine.) For purposes of applying the law, “morally justified” does not control – the statute does. There will be prosecutorial judgment and other factors brought to bear in deciding if charges are to be brought – and this is beyond your control as a church board.

Protection of the flock is paramount, to be sure. But as church leaders in times of calm, it is wise to assess the overall picture and understand the implications of the decisions made regarding protective measures.

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VIII. ACTIVE INCIDENT RESPONSE TRAINING

There is only one real way to train for active incident response: train with professionals. While there is unquestionably benefit to be derived from walking through your church and assessing where you might be able to hide, assessing where your egresses are, and where you can lock down, there is no substitute for actually running guided drills with people trained in training. Utilize professional incident response trainers to guide your church through the training process.

Replicating stress (even in small degrees) will help you identify the challenges of mental response process-es during a developing incident. You do not want to be in the position of having to think things through when you encounter the most stressful event of your life. Experiencing stress in training scenarios will orient your team to real time challenges and begin reducing the confusion of the moment.

Balance training with your primary mission of ministry. Running an active shooter drill during worship on Sunday would most likely be more detrimental to the quality of worship than it would be beneficial to the con-gregation’s readiness. But walking your security team through a mock worship-time response session would be helpful.

Work with your security team and usher team to determine how they will respond in a number of emer-gency situations: - Medical Emergency - Obstructer or Protestor in the Sanctuary - Obstructer or Protestor outside the Sanctuary - Domestic Dispute on campus - Fire response & evacuation - “Crazy Guy” scenario - Active Shooter

Each church will need to decide how much of the congregation to include in safety training, and how much emphasis to put on any one aspect of training. Fire Drills in the Sunday School wing of your church may not be a bad idea, and will be fairly normative for students who have done fire drills at school. Lock Down drills needs to be more guided, and done in a way as not to induce panic in the children. Perhaps just train the teachers. (Defi-nitely train the teachers, as they are the ones who need to know how to respond).

Active Incident / Lock Down Considerations: Where is the threat? Inside or outside? How is the Lock Down directive communicated? Evacuate or lock down? What is the “all clear” sign? How do you link parents and children after the threat is over?

Consult and confer with professionals in working up the plan.

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Verbal De-Escalation Checklist4

10 Essential Do’s and Don’ts for Managing Potentially Tense Situations

Verbal de-escalation is the ability to calm parties in a difficult situation. It’s a skill used by law enforcement professionals all the time. It’s also an important skill for the volunteers who make up your church Safety Team.

Your Safety Team may be called upon from time to time to handle domestic disputes that spill over into church, work with mentally ill family members, or even respond to disruptive intruders. Safety Team members will need to know how to defuse the situation and get parties to calm down and cooperate. Here’s a checklist of 10 things to watch for.

1. Don’t Sneak Up on the SubjectThe goal of verbal de-escalation is to lower the tension in the situation. It’s harder to do that if you startle or sur-prise the subject. DO approach the subject calmly and slowly, from inside his/her field of vision.

2. Avoid Invading the Subject’s Personal SpaceWe all feel threatened when someone we don’t know “gets in our face” or stands too close to us. DO stand a com-fortable distance away from the subject – approximately 2.6 ft. That’s close enough to respond if he/she becomes physically combative, but far enough to respect the person’s space.

3. Keep Your Body Language Open and Non-ThreateningBe careful not to cross your arms across your chest or otherwise appear menacing or threatening. Pointing your finger at the subject may also come across as aggressive. DO keep your hands where the subject can see them and adopt a confident, yet ready, stance.

4. Avoid “Ganging Up” on the SubjectIf there’s more than one Safety Team member present, you’re liable to confuse and agitate the subject if you all start asking questions. DO decide which of you will do the talking. Allowing only one Safety Team member to talk or ask questions lowers the threat level and helps make the interaction seem more like a “conversation” than an “interrogation.”

5. Don’t Lie to or Deceive the Subject to Get ComplianceNever tell the subject something – e.g., “Your children are outside waiting to talk to you” – that you know isn’t true. Also, never promise anything you can’t deliver. DO maintain honesty and integrity when working with people in difficult situations.

4 © Copyright 2017; Sheepdog Church Security LLC. All Rights Reserved.

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6. Avoid Telling the Subject to “Calm Down”Telling someone to “calm down” rarely works, and often has the opposite effect. DO speak calmly and slowly in a normal tone of voice. Often the subject will moderate his/her tone and behavior to match yours.

7. Give the Subject an Opportunity to ExplainIf the subject was acting in a suspicious manner, don’t jump to conclusions. DO ask open ended questions and give him/her the opportunity to explain.

8. Don’t Try to Come Across as the “Tough Guy”Avoid trying to imitate that tough guy/tough gal persona you see on TV or in the movies. DO recognize that how you behave can contribute to the tension level of the interaction.

9. Stay in Control of Your EmotionsAvoid letting the subject push your emotional buttons. DO keep your cool regardless of what he/she says or does.

10. Respect the Subject’s DignityNo matter how badly the subject is behaving, remember that this person is made in God’s image, just like you. DO treat him/her as if they are worthy of respect.

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October 27, 2018 Tree of Life Synagogue - Pittsburgh, PA

June 17, 2015 Emanuel African Metodist Espiscopal - Charleston, SC

September 24, 2017 Burnette Chapel Church of Christ - Nashville, TN

November 5, 2017 First Baptist Church of Southerland Springs, Texas

August 13, 2016 Al-Furqan Jame Masjid Mosque - New York, NY

August 9, 2016 Holy Ghost Tabernacle Ministries - Jersey City, NJ

April 24, 2016 Keystone Fellowship - Skippack, PA

February 28, 2016 St. Peter’s Missionary Baptist - Dayton OH

March 31, 2013Hiawatha Church of God - Ashtabula, OH

December 2, 2012United Presbyterian - Coudersport, PA

October 24, 2012World Changers Church - College Park, GA

May 9, 2012Victory Way Assembly - Detroit, MI

May 3, 2012St. Peter’s Episcopal - Ellicott City, MD

August 5, 2012Sikh Temple - Oak Creek, WI

April 13, 2014Jewish Community Center - Overland Park, KS

Fatal Shootings that have happened at U.S. Houses of worship since 2012

SOURCE: ASSOCIATED PRESS* Solid figures represent fatalities; gray represent injuries.

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Forrest A. Norman, Esq.

Forrest Norman is chair of the Dickie McCamey & Chilcote Church Law Practice Group.  For the past several years Mr. Norman has been a frequent lecturer on church safety and security issues from both a legal and physi-

cal perspective, in addition to working with church in all aspects of their legal needs. 

Dickie, McCamey & ChilcoteWWW.DMCLAW.COM

– Serving the church by serving the church’s legal needs –

Forrest A. Norman, Esq. [email protected]

Dickie, McCamey & Chilcote, P.C.

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Cleveland, OH 44114-2614

Main: 216-685-1827Fax: 888-811-7144

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Main: 412-281-7272

Dickie, McCamey & Chilcote has offices in these other cities: Buffalo, NY; Charlotte, NC; Columbus, OH; Den-ver, CO; Erie, PA; Haddonfield, NJ; Harrisburg, PA; Lancaster, SC; Los Angeles, CA; Philadelphia, PA; Raleigh, NC; Steubenville, OH; Wheeling WV; White Plains, NY and Wilmington, DE