Charity Committee Rules

Tibbyterrier

Can anyone help, please.
I am a committee member of a small not-for-profit day nursery, which is also a registered charity.We are shortly going to elect a new chairperson but one of the candidates is related to an employee of the nursery.Is it against the law for this person to stand for election and if so which law.I can see there could be a potential conflict of interest if this person is elected but I am not sure how we stand as far as the law is concerned.
Thanks.

WHA

Not against the law and is in fact quite common. As long as everyone knows the relationship and that the relative takes no part in any decisions directly affecting the other relative, then no problem.

oldtoolie

I agree with the advice given. You always have to think about how the potiential conflict-of-interest would be seen from the outside.

The horse's mouth for this kind of question is the Charity Commission at http://www.charity-commission.gov.uk/

They have lots of information to download or request.

They have a helpful help line at Charity Commission Direct on 0845 3000218

Larry Boyd
Tools for Self Reliance
https://www.tfsr.org
Practical Help for Practical People

Thanks to MSE for making TFSR one of you charities of the year.

Savvy_Sue

It is always worth thinking about the implications of this, as it can have both advantages and disadvantages, which could depend on both the closeness and the perceived closeness of the relationships.

If you've got a small committee, and one of your number has to regularly withdraw from discussion because of a possible conflict of interest, then are your decisions still going to be quorate (enough of you there to make them valid)?

And consider your complaints procedure (among others ...) Someone has a problem with a member of staff, so Stage 1, you raise it with the playgroup manager, Stage 2, you take it to the Chair of the committee - oh dear, it's the husband / wife / sister / cousin of the staff member you're complaining about - will you get a fair hearing? Even if you do, will it be perceived as a fair hearing?

To me a lot would depend on the relationship. I was on the committee for a small charity which needed an emergency manager. I was asked if my DH would be interested, and 5 years later he's still there, on a permanent basis. I stepped down from management soon after his appointment was made permanent to avoid any conflict of interest. And I was very careful NOT to suggest that his appointment be made permanent when it was clear the person he was covering for was not going to return to work, even though it seemed like a good idea to me.

But if he'd been my brother rather than my husband, I might have felt that our relationship was not so close that it was essential for me to stand down. Whether other people would see things the same way is another matter.

And it would depend on the people: because I was on the committee for the place where my DH works, I knew all the staff before he started. As a trustee, I was careful about what I said to him about them, even before there was talk of him working for the charity. But not everyone operates like that.

Having said all that, you may have a small pool from which to select potential committee members. Generally people will be interested in doing this because they have an interest in the nursery: they have children there. Even if there aren't family relationships, there will be strong friendships among the parents, and sometimes between staff and parents.

So what you need is a good committee, who will act in a 'professional' way, ie do things right! Regardless of families, friendships and feelings. Who will listen to gripes from the parents and gripes from the staff, weigh the two and make the best decision for the future of the nursery, even if the parents or the staff don't like it!

There is help on the Charity Commission website about trustees and what you need in a good set, but another good source of help and support is your local voluntary services council - it may have a different name. But have a look at the NAVCA and NCVO websites and see if you can find your local one, see if they offer training and support, and perhaps even help with recruiting trustees.

Sorry, I've rambled ...