Personal answer... You are giving examples and references not compatible with this case.
For instance you give a link of paragraph entitled "payment of a trustee", but I have not received any payment and I am still a volunteer. You refer to this specific case: "In the case of a trustee *also being employed* in a separate post within the charity, or *a trustee being paid for a service provided* to the charity, the conflict of interest may result in a liability to repay salary or other related benefits", but *I am not employed yet and I received no payments for my service. *It has been unclear that Wikimedia CH will have the General Assembly the 27th April and in that date the board will change. I will start to work from 1st May. As per Swiss bylaws I have been a board member and I did it as volunteer. I suppose that you have misunderstood Please be careful of speaking about COI and please do it using the right examples. Regards On Wed, Apr 10, 2013 at 1:13 PM, Thomas Dalton <[email protected]>wrote: > On 10 April 2013 08:10, Charles Andrès <[email protected]> > wrote: > > Hello Thomas, > > > > Thanks for asking! > > > > In fact, it was as easy as said :-) Ilario has just never been involved > in the recruitment process. In WMCH we believe that the conflict of > interest is not solved with the resignation, but giving the whole process > in the hands of a committee. > > Thank you for clarifying, but it really isn't that easy... Did you > seek professional advice from either a charity lawyer or a charity > governance expert? > > I don't know how these things work in Switzerland, but the relevant > guidance from the UK Charity Commission can be found here: > > > http://www.charitycommission.gov.uk/Charity_requirements_guidance/Charity_governance/Good_governance/conflicts.aspx#8a > > "In the case of a trustee also being employed in a separate post > within the charity, or a trustee being paid for a service provided to > the charity, the conflict of interest may result in a liability to > repay salary or other related benefits. It should not be assumed that > such conflict can be overcome merely by the person concerned resigning > as a trustee, either before or after taking up the post. The only > instance where authority may not be needed is where, practically, the > trustees can show that there is no conflict of interest. In our view, > this is confined to the fairly narrow circumstance where the trustee > concerned: > > * has had no significant involvement with the trustees’ decision to > create or retain the post, or with any material aspect of the > recruitment process > * where that person resigns as a trustee in order to apply for the > employed post in advance of a fair and open competition for it > > All other circumstances require an express authority. " > > "Authority" in this context means either an express authority in the > governing documents of the charity, a court order or permission from > the Charity Commission. > > Under UK guidance, the approach you took would not be at all acceptable. > > This is a very serious matter. A charity paying a trustee (other than > to reimburse actual expenses incurred) is probably the biggest > conflict of interest you can get. It needs to be handled extremely > carefully. > > Can you elaborate on how the decision to create the post was carried > out (presumably it was part of your annual planning process)? Was > Ilario involved in that? > > _______________________________________________ > Wikimedia-l mailing list > [email protected] > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l > -- Ilario Valdelli Wikimedia CH Verein zur Förderung Freien Wissens Association pour l’avancement des connaissances libre Associazione per il sostegno alla conoscenza libera Switzerland - 8008 Zürich Tel: +41764821371 http://www.wikimedia.ch _______________________________________________ Wikimedia-l mailing list [email protected] Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
