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Committees -can Staff Join?


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Hi there everyone,

 

I remember reading somewhere that staff may be able to join the committee?

 

Any ideas?

 

I'm struggling at the moment - If only the PLA did a blow up model Chair...now there's a thought!

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We are run by a PLA model committee and although staff are welcome at the committee meeting, they are not allowed to join the committee. They can provide information and advise but cannot vote on any matter.

 

 

HTH

 

Sorry just also thought - we had problems getting enough members in the past and asked those who were on the commmittee to be a rolling chair at meetings. We still had one member who was willing to take the nominated person role for Ofsted, but had no specific chair. It helped us to get through for the time being and I am sure the comittee ran it by the PLA first and they were fine with it.

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What does it say in your constitution. I'm pretty sure ours stated that staff could not be committee members although they could attend meetings providing they weren't a closed meeting. I seem to remember this has something to do with the Charities Commission but not absolutely sure!

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Hi,

 

I'd give the Charity commission a ring, I recall reading somewhere that staff can be members of a committee but would have to declare conflict of interest and not vote on such agenda items as Pay or other staffing issues such as grievances etc.

 

had a look on the charity commission site and found this:

 

F3. Can a trustee be employed by the charity?

The short answer

Generally, no because trustees must not gain from their position. Again, there are limited exceptions to this rule.

 

In more detail

The legal position: Generally, a trustee cannot become an employee of their charity nor can an employee become a trustee. The exceptions are where the governing document of the charity explicitly authorises it, or if permission has been given by us or a court of law. Our guidance Payment of Charity Trustees (CC11) provides more information about this.

 

When trustees abuse their position: This is a legal rule and a trustee who breaks it may have to repay to the charity any benefits they have received, such as salary. The rule still applies even where the trustee has resigned as a trustee, before or after taking up employment.

 

The exception: The only instance in which special permission may not be needed is where the charity can show that the trustee has not obtained the employment by reason of being a trustee and there is no ongoing conflict of interest. This would mean that the trustee concerned:

 

has no significant involvement with the charity’s decision to create or retain the post, or with any material aspect of the recruitment process; and

had resigned as a trustee to apply for the post in advance of a post being advertised publicly in a fair and open competition.

Seeking advice: If in any doubt, a charity should approach us or a legal adviser for advice at an early stage.

 

On changing committee / dissolution etc have a read of this link, especially the last paragraph.

 

Charity Commission website

 

Peggy

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We are a management committee group and staff do attend meetings (don't think the committee would know what to talk about if we didn't set the agenda!).

Just had another thought, what about a member of staff who is also a parent of a child at a setting? I'm pretty sure when I was on my child's PTA at school, there were teachers (with children at the school) who were on the committee, but suppose this is only as a pta member not a governor at the school.

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The PLA are issuing a new constitution which is going to allow staff to be on the committee. I think its still awaiting confirmation by the Charities commission so I'm not sure when it will be available.

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The PLA are issuing a new constitution which is going to allow staff to be on the committee. I think its still awaiting confirmation by the Charities commission so I'm not sure when it will be available.

 

 

Will await this one with bated breadth.......although it may end up with overworked staff being pressurised to make up numbers. Interesting though!

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This would solve lots of problems..

at present it does depend on your constitution but I thought if you were paid you cannot be on committee. that is same for a parent of a child who works in the setting..

 

But our constitution allows us to vote at AGM and be included in the numbers for it.. Always found that one a bit strange but it is approved by Charity commission... Ours is not PLA one..

 

Inge

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Rea is right, the new constitution was passed earlier this year, however it will be this time next year by the time it has been passed

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Our constitution, based on PSLA guidelines, and approved by the Charity Commission, says that paid staff cannot be committee members but can be invited to attend meetings. They are not able to vote on any issue but may put forward opinions etc which should be minuted. Staff who have children registered at the Pre-School , may vote at an AGM because in this instance they are counted as parents/members and not paid staff.

 

Cally

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Wow,

 

thanks everyone for your help here - so far we have no volunteers for the committee and I'm now looking into what happens if we don't have any one new and the oldies want to leave (as they all do).

 

I'm still trying to spend some spare time looking into the possibility of taking it over, but time has been limited so I'm struggling with the worklload (again) as we all do! I'll let you all know how things go along :o

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I went to a PLA meeting and they told us about the changes. They said a member of staff could be on the committee now but they couldn't hold one of the three main roles; chair, treasurer or secretary.

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