Read what I quoted more carefully, please. It specifically says that leaving the board before taking up the position isn't enough.
On 10 April 2013 14:23, Ilario Valdelli <[email protected]> wrote: > 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 _______________________________________________ Wikimedia-l mailing list [email protected] Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l
