“LEGAL” MATTERS

1. “LEGAL” MATTERS Eric R. Miller Louisiana State Advocate KCLS July 2019 Dutchtown, Louisiana

2. Officers Desk Reference • Located on the password-protected section of kofc.org • Frequently updated, so consult the ODR each time you address a particular issue • Please contact Customer Service at 800-380-9995 for a user name and password

3. Knights of Columbus Office of Youth Protection assists members and dioceses in protecting vulnerable persons served within the Catholic Church Diocesan Helpline: (203) 752-4558 | oyp@kofc.org Member Helpline: (203) 800-4940 | youthleader@kofc.org fax (855) 845-3502 www.kofc.org/safe 1-844-KOFC-SAFE (1-844-563-2723)

4. Office of Youth Protection Reporting Allegations of Suspected or Actual Sexual Misconduct ZERO TOLERANCE

5. Office of Youth Protection REPORTING SUSPECTED ABUSE Allegations of sexual misconduct involving a member directly arising out of his membership in the Knights of Columbus and/or in connection with a program or activity sponsored by the Knights of Columbus should be reported by following this protocol: • REPORT SUSPECTED ABUSE TO LAW ENFORCEMENT • NOTIFY LOCAL DIOCESE OF SUSPECTED ABUSE • NOTIFY KNIGHTS OF COLUMBUS OF SUSPECTED ABUSE AT • 1-844-KOFC-SAFE (1-844-563-2723)

6. Office of Youth Protection Unrelated Allegations of Sexual Misconduct A state or local council officer or a District Deputy should notify the Office of Youth Protection at oyp@kofc.org when a member has been: • Charged with or found guilty by a court of any offense involving children • Charged with or found guilty by a court of any sex-related offense • Sued in court for any wrongful conduct against children or for a sex-related offense. To the extent there is a need for suspension or other action, it will be handled by the Board of Directors, through the Office of Youth Protection and the Office of the Supreme Secretary.

7. Office of Youth Protection The FIRST requirement of our safe environment program is for our members to be aware of, and compliant with, arch/diocesan safe environment requirements applicable to members’ volunteer activities on parish property.

8. Office of Youth Protection • We cooperate with Diocesan Offices of Child and Youth Protection • We share the bishops’ strong commitment to protecting children and other vulnerable persons • Our approach aims to build relationships among arch/dioceses and the Knights of Columbus to address the shared risk of abuse • We understand that we must work together with arch/diocesan directors of Offices of Child and Youth Protection to meet our respective obligations to protect vulnerable persons

9. Procedure For Compliance with Arch/Diocesan Safe Environment Requirements Grand knights and financial secretaries of parish based councils should: 1. Make a list of all members who serve as volunteers on parish property which shall be referred to as the “ELIGIBLE MEMBER VOLUNTEER LIST.” 2. Ask each member on the list whether he has already completed the arch/diocesan safe environment training and background screening. 3. If the member volunteer has already completed such training, then a “check” should be placed next to the member’s name. 4. If the member volunteer has NOT completed the arch/diocesan safe environment requirements, the member volunteer must complete those requirements as soon as possible to ensure eligibility to continue to volunteer on parish property. 5. The Grand Knight should be prepared to provide the ELIGIBLE MEMBER VOLUNTEER LIST to the parish priest, the parish safe environment liaison, and to the arch/diocesan safe environment coordinator upon request. 6. The ELIGIBLE MEMBER VOLUNTEER LIST should be continually updated with any new member volunteers who wish to become eligible to volunteer on parish property. 7. The Grand Knight should be sure to always provide the updated ELIGIBLE MEMBER VOLUNTEER LIST to the parish priest, the parish safe environment liaison, and to the arch/diocesan safe environment coordinator upon request.

10. Office of Youth Protection Questions from dioceses and parishes regarding compliance with diocesan safe environment/youth protection requirements should be referred to: Director Office of Youth Protection oyp@kofc.org (203) 752-4558

11. Knights of Columbus Safe Environment Program Operated in conjunction with our strategic partner in youth protection and safe environments a national leader in abuse risk management Specializes in providing safe environment training to help prevent sexual abuse in organizations that serve youth and vulnerable adults www.praesidiuminc.com

12. Knights of Columbus Safe Environment Program Brother Knights are trained to safeguard children and other vulnerable persons by recognizing the signs of possible abuse

13. Knights of Columbus Safe Environment Program Compliance is driven from the top down and depends on your dedication from State Deputy to District Deputies to Grand Knights to Council Members

14. Knights of Columbus Safe Environment Program • lookfor a Praesidium email with your username and password to use to complete your online training and ensurethat your assigned officers and directors do the same • ensurethat you submit Council’s Form 185 (July 1st) – with accurate member email addresses - so that members can receive emails with their usernames and passwords so that they also can complete safe environment training and background check authorizations. • follow-up directly with noncompliant members by using the information on the Praesidium Armatus Administration Dashboard throughout the year. • time The training and background check authorization must be completed within thirty (30) days of notification. Knights of Columbus covers all costs associated with these requirements. Failure will result in member being dropped from role and council being non-compliant. EFFECTIVE JULY 1, 2018, SAFE ENVIRONMENT TRAINING AND BACKGROUND CHECKS ARE REQUIRED EVERY THREE YEARS

15. Faith in Action

16. Youth Activities • All youth activities sponsored by the Knights of Columbus shall require the presence of at least one member, typically the council’s Family Director and/or Community Director, who has been background checked and trained through the Knights of Columbus Safe Environment Program. • The Grand Knight of the council sponsoring the youth activity, who is required to complete Knights of Columbus safe environment training, should also attend the activity. There should never be fewer than two fully trained members in attendance. Any other member of the council who has recently been background checked and trained through the Knights of Columbus Safe Environment Program must be in attendance. • If there are no available background checked and trained members of the council, contact the State re availability of ESO or Program Directors. IF AT LEAST TWO QUALIFIED MEMBERS ARE NOT AVAILABLE TO ATTEND THE ACTIVITY, THEN THE ACTIVITY MUST BE RE-SCHEDULED TO A TIME WHEN THE COUNCIL’S FAMILY DIRECTOR AND/OR COMMUNITY DIRECTOR, ALONG WITH ANOTHER QUALIFIED MEMBER WILL BE ABLE TO ATTEND FOR THE FULL DURATION OF THE EVENT

17. KNIGHTS OF COLUMBUS KEEPS CHILDREN SAFE! ALL MEMBERS NOT IN MANDATED ROLES ARE ALSO ENCOURAGED TO TAKE KNIGHTS OF COLUMBUS SAFE ENVIRONMENT TRAINING WWW.KOFC.ORG/SAFE CLICK THE BLUE “FOR ALL OTHER MEMBERS” BUTTON REGISTRATION CODE: KOFCSAFE

18. Knights of Columbus Safe Environment Program Member Helpline youthleader@kofc.org 203-800-4940 855-845-3502 (fax) www.kofc.org/safe

19. Council Insurance

20. MYTH “Supreme insures local and state councils, assemblies, chapters, officers, and district deputies against legal liabilities” FALSE

21. Liability Insurance • Knights of Columbus does not provide insurance for local councils • Each council must arrange for its own insurance coverage • Knights of Columbus does not provide insurance for Home Corporations

22. SECTION 246 • Liabilities arising from a council or one of its officers for an act or failure to act are NOT legal liabilities of the Order • They are legal liabilities of council and/or its members • This is because a council and its officers shall be the “agent or agents of the members thereof and not the Order.” • SeeSECTION 246

23. Diocesan/Parish Insurance Requirements • More dioceses are requiring Knights of Columbus councils that use parish facilities to enter into “license agreements” with the diocese and/or bishop • Dioceses often require proof of insurance for councils using their facilities • Diocesan requirements often specify particular coverages and limits

24. Lockton Affinity Knights of Columbus has arranged for Lockton Affinity to offer a competitively priced and comprehensive insurance program Lockton Affinity is the preferred insurance provider for state and local councils of the Knights of Columbus

25. Lockton Affinity • Insurance Coverage For State Councils • Lockton Affinity writes separate policies (Property/General Liability/HNOA and D&O) for Councils • Covers council officers and members for council activities • Covers events such as cooking fundraising, fair events, premises incidents, etc. • Includes Hired and Nonowned Auto coverage – • covers volunteers are driving on behalf of the Council in either rented vehicles (hired) or their own personal vehicles (non-owned) • when there is an accident in which the volunteer is at fault, the volunteer’s personal auto liability coverage is primary for any damages caused by the volunteer’s driving • if the Council is also sued because the volunteer was driving in the course of the Council’s operations, the policy would defend and indemnify the Council

26. For more information or for a free, no-obligation quote please contact Lockton Affinity at 1-800-496-0288 CouncilInsuranceProgram.com

27. COUNCIL INVESTMENTS

28. Council Investments • Councils, and related entities, have the opportunity to honor the legacy of prior generations and further the ongoing mission of their respective Council through Knights of Columbus Asset Advisors. • Councils maintain full control over their funds • Ensure that 100% of their investments abide by Catholic faith and morals - as defined by the United States Conference of Catholic Bishops (USCCB). • Joseph Novak, Investment Associate (203) 800-4868 or joseph.novak@kofc.org www.kofcassetadvisors.org Knights of Columbus Asset Advisors LLC is an SEC registered investment advisor and serves as the investment advisor to each of the Catholic Investor Funds. The Catholic Investor Funds are distributed by SEI Investments Distribution Co. (1 Freedom Valley Dr, Oaks, PA 19456), which is not affiliated with Knights of Columbus Asset Advisors or any of its affiliates.

29. COUNCIL TAX ISSUES

30. Complete tax forms (990s) timely

31. EIN #s Revoked council/assembly tax-exempt council status? Does Not Apply To Home Corporations Fill out Supreme Council EIN Authorization Form on the Officers’ Desk Reference Contact Robin Festa at 203-752-4281 or  tax.ein@kofc.org to request a reinstatement package

32. Home Corporations

33. Council/Corporation Relationship MYTH “Supreme is ordering all councils using home corporation facilities to move into a parish”

34. Council/Corporation Relationship Neither the Supreme Council nor the state council controls or otherwise may lay claim to council funds This includes the proceeds from the sale of a home corporation property that have been transferred to the council

35. Council/Corporation Relationship Key Points To Remember • The original purpose of the corporation was to serve the interests of the council, not to operate a side business • Council may not own real property; Home Corp. can • Council and Home Corp must be arms-length entities • Once the corporation has sold it property, its purpose is exhausted, and the proceeds of the sale should be transferred to the council • It is then for the council, not corporation, to decide what is to be done with the proceeds from the sale

36. UKnight Litigation

37. UKnight Litigation • FS email • Intellectual Property claim • KC Counterclaim • Why info requested

38. Thank you! Louisiana State Advocate stateadvocate@louisianakc.org