[Wikimedia-l] Wikimedia CH staff changes in 2013

[Thomas Dalton]

On 10 April 2013 08:10, Charles Andrès <charles.andres.wmch at gmail.com> 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?