Hi -

I have been advised that since minors cannot be held legally responsible, they should not serve on a council where financial decisions need to be made -
I live in New York - is this true? And if so what is the minimum age for election to a church council?

Thanks,

Howard

[QUOTE=hic1957]hi -

I have been advised that since minors cannot be held legally responsible, they should not serve on a council where financial decisions need to be made -
I live in New York - is this true? And if so what is the minimum age for election to a church council?


I don't know about church councils but anyone under 18 cannot sign a legal contract in NYS -

Thanks for the expedient reply - perhaps I was misunderstood -

Please allow me to re-phrase - can the individual voting members of a church council, either individually or in aggregate, be held legally responsible for something they voted on even if they personally hadn't signed a document?

There are 12 to 15 people on this council; they vote on all manner of things concerning the operation of the church, including but not specifically limited to the church's budget and the spending of same. There are only certain individuals who have the authority to "sign" documents on the church's behalf, but the power granting them to do so is by vote of the council.

I had been advised that it's not the person who signs the document, but rather the voting members that have the legal responsibility and accountability, having granted the "signer" the power to do so - accordingly, I am trying to ascertain the legality of allowing, in New York anyone under either 18 or 21 (depending on NY's law) to be elected as a church council member and if they ARE legally permitted on a church council, are they by NY law, permitted to vote?

Thanks

Howard

[QUOTE=hic1957]thanks for the expedient reply - perhaps I was misunderstood -

Please allow me to re-phrase - can the individual voting members of a church council, either individually or in aggregate, be held legally responsible for something they voted on even if they personally hadn't signed a document?

There are 12 to 15 people on this council; they vote on all manner of things concerning the operation of the church, including but not specifically limited to the church's budget and the spending of same. There are only certain individuals who have the authority to "sign" documents on the church's behalf, but the power granting them to do so is by vote of the council.

I had been advised that it's not the person who signs the document, but rather the voting members that have the legal responsibility and accountability, having granted the "signer" the power to do so - accordingly, I am trying to ascertain the legality of allowing, in New York anyone under either 18 or 21 (depending on NY's law) to be elected as a church council member and if they ARE legally permitted on a church council, are they by NY law, permitted to vote?


Excellent question but no two people I know seem to agree - the majority thinking is that a person under 18 should not be involved in legal matters, including voting; if the person is not of age to make a legal contract, should that person be part of the decision making?

A local youth center has a panel of underage "representatives" and they make decisions but the voting is done (on the recommendation of the representatives) by adults.

Maybe somebody has a definitive answer.

I agree with Judy as anyone who is under the age of 18 should not be voting for something that someone else is signing their name to. It would not be wise to have those members who are not of legal age doing any voting. They may recommend their desires to the board. Should the board then choose to take those recommendations or not is their decision. Legally, it would complicate everything should a lawsuit ensue to have the underage members do any voting on issues.

Understood - you you explain the difference between "voting" and recommending desires?
Thanks!

Quote:

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Originally Posted by hic1957

understood - you you explain the difference between "voting" and recommending desires?
thanks!

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I refer to the process in my post about the recommendations made by underage board members in the local youth center. A local youth center has a panel of underage 'representatives' and they make recommendations on decisions but the voting is done (on the recommendation of the representatives) by adults.