Understanding your legal requirements in your state.

July 2008

One of the concerns that many churches have when they look at establishing a Safety or Security Team is what are they legally permitted to do? Putting aside the well known separation of church and state limitations that exist, we all know that churches are required to follow both state and federal guidelines on many issues such as fire codes, employment regulations, food preparation standards, etc. When we look at the legal requirements, trying to understand what regulations apply to a church security team can be a very taxing experience.

Adding to the situation is the fact that the laws and regulations in two neighboring states can be vastly different. Some states have minimal regulations while others are very extensive. In some states a church team must be a “Safety Team” not a “Security Team”. Finally, being “paid” verses “volunteer” can also determine what regulation you operate under. To help understand the process that your church will need to embark on, I reviewed the regulations for private security for Ohio. The journey to try to understand the regulations for our state lead me to contact the Ohio Department of Public Safety as detailed below.

The organization that regulates private security in the state of Ohio is the:

OHIO DEPARTMENT OF PUBLIC SAFETY – DIVISION OF HOMELAND SECURITY

Their regulations are under Section 4749 of the Ohio Revised Code.

4749.01

Definitions

As used in this chapter:

(A) “Private investigator” means any person who engages in the business of private investigation.

(B) “Business of private investigation” means, except when performed by one excluded under division (H) of this section, the

conducting, for hire, in person or through a partner or employees, of any investigation relevant to any crime or wrong done

or threatened, or to obtain information on the identity, habits, conduct, movements, whereabouts, affiliations, transactions,

reputation, credibility, or character of any person, or to locate and recover lost or stolen property, or to determine the cause

of or responsibility for any libel or slander, or any fire, accident, or damage to property, or to secure evidence for use in any

legislative, administrative, or judicial investigation or proceeding.

(C) “Security guard provider” means any person who engages in the business of security services.

(D) “Business of security services” means either of the following:

1 -Furnishing, for hire, watch persons, guards, private patrol officers, or other persons whose primary duties are to protect persons or property;

2 – Furnishing, for hire, guard dogs, or armored motor vehicle security services, in connection with the protection of persons or property.

(E) “Class A license” means a license issued under section 4749.03 of the Revised Code that qualifies the person issued the

license to engage in the business of private investigation and the business of security services.

(F) “Class B license” means a license issued under section 4749.03 of the Revised Code that qualifies the person issued the

license to engage only in the business of private investigation.

(G) “Class C license” means a license issued under section 4749.03 of the Revised Code that qualifies the person issued the

license to engage only in the business of security services.

From the Ohio Homeland Security Website web site:

http://www.homelandsecurity.ohio.gov/PISG_information/Classes_Licensure.htm

Activity that is Exempt from Licensure Requirements

There is activity that is specifically exempted from licensure requirements. In other words, persons that engage in the exempted activity are not required to be licensed by the Homeland Security Division. Below is a list of the exempted activity:

(1) Public officers and employees whose official duties require them to engage in investigatory activities;

(2) Attorneys at law or any expert hired by an attorney at law for consultation or litigation purposes;

(3) A consumer reporting agency, as defined in the “Fair Credit Reporting Act,” 84 Stat. 1128, 15 U.S.C.A. 1681a, as amended, provided that the consumer reporting agency is in compliance with the requirements of that act and that the agency’s activities are confined to any of the following:

(a) The issuance of consumer credit reports;

(b) The conducting of limited background investigations that pertain only to a client’s prospective tenant and that are engaged in with the prior written consent of the prospective tenant;

(c) The business of pre-employment background investigation. As used in division (H)(3)(c) of this section, “business of pre-employment background investigation” means, and is limited to, furnishing for hire, in person or through a partner or employees, the conducting of limited background investigations, in-person interviews, telephone interviews, or written inquiries that pertain only to a client’s prospective employee and the employee’s employment and that are engaged in with the prior written consent of the prospective employee.

(4) Certified public insurance adjusters that hold a certificate of authority issued pursuant to sections 3951.01 to 3951.09 of the Revised Code, while the adjuster is investigating the cause of or responsibility for a fire, accident, or other damage to property with respect to a claim or claims for loss or damage under a policy of insurance covering real or personal property;

(5) Personnel placement services licensed under Chapter 4143. of the Revised Code and persons who act as employees of such entities engaged in investigating matters related to personnel placement activities;

(6) An employee in the regular course of the employee’s employment, engaged in investigating matters pertinent to the business of his or her employer or protecting property in the possession of his or her employer, provided the employer is deducting all applicable state and federal employment taxes on behalf of the employee and neither the employer nor the employee is employed by, associated with, or acting for or on behalf of any private investigator or security guard provider;

(7) Any better business bureau or similar organization or any of its employees while engaged in the maintenance of the quality of business activities relating to consumer sales and services;

(8) An accountant who is registered or certified under Chapter 4701. of the Revised Code or any of the accountant’s employees while engaged in activities for which the accountant is certified or registered;

(9) Any person who, for hire or otherwise, conducts genealogical research in this state. As used in division (H)(9) of this section, “genealogical research” means the determination of the origins and descent of families, including the identification of individuals, their family relationships, and the biographical details of their lives. “Genealogical research” does not include furnishing for hire services for locating missing persons or natural or birth parents or children.

(10) Any person residing in this state who conducts research for the purpose of locating the last known owner of unclaimed funds, provided that the person is in compliance with Chapter 169. of the Revised Code and rules adopted thereunder. The exemption set forth in division (H)(10) of this section applies only to the extent that the person is conducting research for the purpose of locating the last known owner of unclaimed funds.

As used in division (H)(10) of this section, “owner” and “unclaimed funds” have the same meanings as in section 169.01 of the Revised Code.

(11) A professional engineer who is registered under Chapter 4733. of the Revised Code or any of his employees.

As used in division (H)(11) of this section and notwithstanding division (I) of this section, “employee” has the same meaning as in section 4101.01 of the Revised Code.

(12) Any person residing in this state who, for hire or otherwise, conducts research for the purpose of locating persons to whom the state of Ohio owes money in the form of warrants, as defined in division (S) of section 131.01 of the Revised Code, that the state voided but subsequently reissues.

(13) An independent insurance adjuster who, as an individual, an independent contractor, an employee of an independent contractor, adjustment bureau association, corporation, insurer, partnership, local recording agent, managing general agent, or self-insurer, engages in the business of independent insurance adjustment, or any person who supervises the handling of claims except while acting as an employee of an insurer licensed in this state while handling claims pertaining to specific policies written by that insurer.

As used in division (H)(13) of this section, “independent insurance adjustment” means conducting investigations to determine the cause of or circumstances concerning a fire, accident, bodily injury, or damage to real or personal property; determining the extent of damage of that fire, accident, injury, or property damage; securing evidence for use in a legislative, administrative, or judicial investigation or proceeding, adjusting losses; and adjusting or settling claims, including the investigation, adjustment, denial, establishment of damages, negotiation, settlement, or payment of claims in connection with insurance contractors, self-insured programs, or other similar insurance programs. “Independent adjuster” does not include either of the following:

(a) An attorney who adjusts insurance losses incidential* to the practice of law and who does not advertise or represent that he or she is an independent insurance adjuster;

(b) A licensed agent or general agent of an insurer licensed in this state who processes undisputed or uncontested losses for insurers under policies issued by that agent or general agent.

Initial thoughts about the exemptions listed above on the Ohio website

The notice above seems to imply that if the church security team is not a “For Hire” security group, and is not associated with a outside security provider, that the church is exempt from the licensing requirements.

To attempt to confirm this understanding. I placed a phone call to the Ohio Department of Public Safety – Division of Homeland Security, and inquired what their stance was concerning the licensing and training of church operated Safety and Security Teams.

Response from the Ohio Department of Public Safety – Division of Homeland Security

The opinion provided by the Ohio Department of Public Safety – Division of Homeland Security during the phone conversation is that a private church security team, paid or volunteer, does not fall under the authority of the Ohio Department of Public Safety – Division of Homeland Security as long as they are not providing services for hire and the team addresses only the needs of their church. The Ohio Department of Public Safety – Division of Homeland Security did advise that the church should notify the local police department or sheriffs office of the presence of the team in the church.

Where does this leave us here in Ohio?

As detailed above, it is my belief that an Ohio based church may start a Church Safety or Security Team without a Class A, B or C license. This does not mean the team does not need to be trained or operate in a professional manor. Far from it!

What are the requirements for your state?

To understand the ability of your church to implement a Safety and/or Security Team, you must investigate the legal requirements of your state. In most states the place to start will be the Department of Public Safety or the State Attorney Generals Office. Most states will have a branch that specializes in the regulation and requirements of private security. If you staff is an unpaid, volunteer team, advise that fact when you contact them.

Additionally, you might find the state requirements on line at your states .gov site.

Summary

When a church elects to put a formal Security Team in place it must meet the required due diligence to establish a properly trained team with a formal manual with operation guidelines and policies in place. Even if there is not a licensing or state mandated training requirement, you must institute a proper level of training for all members of the team. If we just get together and decide we are a security team, how do we know what must be done to provide a safe environment without being reckless? To do any less means that you are cheating your church family of the safe environment that they deserve.

The link to Ohio 4719 regulations are located here”

http://www.homelandsecurity.ohio.gov/PISG_information/HLS0015_PISG_Laws_Rules.pdf

Notice: I am not a lawyer and the above should not be considered legal advise. Please have the legal representive of your church or church organization review the published documentation of the Ohio Revised Code or the code of your state to understand and make a determination of the requirements that your church must meet.

Good Luck and God Bless your Church and Ministry.