PART II. 8: Leadership and Organizational Development Competencies---Competency eight (8): Legal and Policy Issues

Competency Eight

Legal and Policy Issues

Introduction

There is a common adage that says: “ignorance of the law is no excuse!” This key legal principle sets the tone about how we should relate to the legal life or aspect of institutions and be prepared to answer about anything at any time. That’s probably why a higher education leader should be, in one way or another, knowledgeable about the legal affairs.

Of course, we are not saying that the leader become a lawyer but ignoring the legal system may be detrimental to the organization or institution the one in charge is running.

First, let us clarify some concepts by defining them as much as possible. Then we will carry on with my competency in that area and the key components thereof.

Definitions

Legal & policy structure

“A legal structure is a type of organization that a business can use to limit its liability and project its assets . . . A legal structure is the foundation of a company and responsible for the company’s compliance with the law” (Wallace, 2022, October 4, pp. 2, 4).

Policy

A policy is “a definite course or method of action selected from among alternatives and in light of

given conditions to guide and determine present and future decisions,” says Merriam-Webster Dictionary.

Due vigilance

Due vigilance is that leadership perspicacity or foresight/discernment that helps the leader to watch out, see issues, and proactively handle them while those are still at their inception stage (at the horizon).

Due diligence

Due diligence is “the care that a reasonable person exercises to avoid harm to other persons or their property” Merriam-Webster Dictionary.

Due process

Due process is “a course of formal proceedings (such as legal proceedings) carried out regularly and in accordance with established rules and principles” Merriam-Webster Dictionary.

Some competency components

Legal & policy structure

One of the serious problems the Seventh-day Adventist Church and its institutions has often run into (at least in Africa) is that no proper legal structure has ever been in place for many of its entities. Therefore, some clever people have come to discover that situation, and they took advantage of that lacuna and disowned the Church or its institutions of some properties or encroached over the properties since the legal ownership had not been documented properly (lack of due diligence and due process). The Church has been suffering from this unfortunate situation.

Another key point more or less related to the previous one has to do with the eschatological teaching of the Church. Some unguided people in the Church would claim that Jesus is coming soon. Therefore, we do not have to spend so much funds for securing those properties. We should rather invest the funds in evangelizing the world and preparing them to welcome the Lord Christ Jesus. They seem to forget that the same Christ Jesus who said we should evangelize, watch, and pray (Mark 13:33; 16:15, 16) is the also the one who said, “do business till I come” or “occupy till I come” (Luke 19:13—NKJV and KJV respectively).

Due vigilance

Without due vigilance, the leader will often if not almost always be running to address and handle issues in which case he/she is not a leader but a fire fighter. Leadership is about that perspicacity or discernment that allows the leader to see when nobody hasn’t seen yet. This allows the leader to create at kind of atmosphere of serenity and security even though he/she may be sweating for addressing and tackling some of those issues. Niels-Erik Andreasen, former Andrews University president would call this type of leadership the “swan model of leadership,” that is, “the swan is gliding serenely across the waters, but underneath is paddling like mad to get to the other side,” working hard behind the veil to keep things in peace and safety even though the leader himself/herself may be sweating underneath.

Due diligence

In addressing the issues of the organizations or institutions, the leader needs to realize that all necessary measures have been put in place in order to avoid unnecessary embarrassment to the organization or institution. I recall that, when I was in the leadership position of the West-Central Africa Division (WAD), when the organization had a legal issue with one notary, the Lord helped me follow things very diligently. She ended up hiring four lawyers. I had only one lawyer for WAD but they could not defeat us. She was condemned and was asked to pay WAD some big amount of money because she had taken advantage of us because of the confidence we had put in her.

Due process

Here too, when an issue is signaled, while we will be praying, we will also need to process things the proper way. Prayer without due processing the issue will not help. At the same time, processing the issue with praying will not do either because we are in warfare against evil forces (Eph. 6:12). I remember when, as the chairman of the Advent Press Board meeting, I had to write a termination letter to the then General Manager who had lost credibility vis-à-vis the customers, nobody wanted to accommodate him (even his own people). So, the only way out was to terminate him. After I drafted the letter, it was given to our lawyer to check it. He was very happy because he could not add a single word to it. The necessary steps had been followed systematically, and the letter was carefully drafted.

Acquisition of competency

My acquaintance with the legal system started improving when I became a leader in the fields (mission, conference, union, and division). With our lawyer by my side, I had to learn fast and become acquainted with some of the jargons as well as some of the legal proceedings.

Moreover, I gained some significant experience when I organized the third all-Africa Religious Liberty congress in Yanounde, Cameroon in 2013 (see picture below). The theme thereof was: Religious tolerance and peaceful coexistence for the sustainable development of Africa. In order to talk and claim your rights, you must know the rules and policies. Presenters from overseas (outside the continent of Africa) travelled and made the congress such a success that people are still mentioning it from time to time.

However, in taking my class EDAL 640 Higher Education Law with Bordes Henry-Saturné and considering the many Higher Education court cases we analyzed, my eyes became even wider opened, and I decided to dig a bit more deeply into the issue. That’s why I prepared some papers (below) in order to help me grasp more of those concepts and issues.

I am not pretending that I will act in lieu of the lawyer but at least I needed to familiarize myself more with that reality of the legal world. I know there is still a lot to learn and to improve upon for the betterment of God’s entities under our care. They need to be protected as much as we can against the evil forces.

Of course, I am aware I need to keep on growing in the learning process as long as I am able to function and serve my Lord, my King, and my God. By His grace, I will keep on learning, improving, empowering myself with new ideas, new ways of doing business for my God and His Church until He comes back to claim His own or until I retire.

Conclusion

A common adage says that “If you don’t do law, law will do you,” meaning that you’d

better be prepared to follow the legal procedures. Otherwise, law will catch you or deal with you. This reality is truer than never before. Another adage, more challenging and more straight forward, says: “ignorance of the law is no excuse” (no need of any explanation or interpretation here). Legal issues keep on increasing. Therefore, as a leader and servant of the Lord and His Church or His institution, it is crucial that I take the necessary measures and put in place to avoid any situation that will damage the name of God’s Church or tarnish her image.

In following the triple principle of “Due vigilance, due diligence, and due process,” we will be somehow protected as well as our organization or institution against unnecessary embarrassment and shame. And if in the end, there is still an issue that springs up (because we are still in this sinful world), with the awareness of the legal in mind, we will be able to know our way about.

Of course, we know that it is the Lord who is keeping and protecting us. However, we prepare and do what is humanly speaking possible.

https://www.donsweeting.com/the-call-for-humility-integrity-and-simplicity-among-world-christian-leaders-lausannecape-town-2010-memo-12/

Link concerning the 2013 All Africa Religious Liberty Congress in Yaoundé, Cameroon

https://adventist.news/news/african-religious-liberty-congress-promotes-peaceful-coexistence

Reference

Kaplin, W. A. & Lee, B. A. (2014). The law of higher education. (Fifth ed.). Student version. San Francisco, CA: Jossey-Bass.

Merriam-Webster. (n.d.). Policy. In Merriam-Webster.com dictionary. Retrieved November 22, 2022, from https://www.merriam-webster.com/dictionary/policy

Wallace, D. (2022, October 4). What is a legal structure. Isalegal: The best way to get a bad law repealed is to enforce it strictly. Retrieved from https://isalegal.info/what-is-a-legal-structure/.