COUNCILLOR TRUSTEES

Question

Most of my PC associated charities provide for the PC to nominate/appoint two trustees. However they have extended this facility to the largest  charity where such a provision is not detailed in the constitution. While the PC is the main funder of the charity there has been a recent bust up between PC and public trustees so much so that many of the latter resigned . This is a mess which is hopefully be sorted out by means of creating a new members based  CIO with elected trustees.

My understanding is that when meeting as a trustee a Councillor must always act in the best interests of the Charity but at Council meetings must always act in the best interests of the Council.  Is that correct?  I can therefore understand the dispensation provisions re speaking about the charity but surely is it not somewhat of an unknown quantity when it comes to voting.?  I suppose ultimately my question is when voting at a PC meeting about say charity funding which way must  a Councillor /trustee vote ie which hat must he wear?

Answer 1

The dual-hatted individuals must always act in accordance with the rules and interests of the body that called the meeting. At a council meeting, their interest in the charity is non-pecuniary, so the rules depend upon the wording of your standing orders and code of conduct regarding participation in meetings where they hold a non-pec interest. The wording of a dispensation may also be relevant.

In an ideal world, you would aim for a situation whereby the members of the council who are not personally involved in the charity are sufficient in number to be quorate in any decision without the involvement of the charity trustees, so the trustees could speak to make their case, but not vote on a resolution. This provides clarity for all concerned.