Being a Plymouth Community Partnership Trustee - what is involved?

Although the information set out below may suggest being a Trustee of Plymouth Community Partnership is a daunting prospect, we do not want anyone to be put off from standing for election. Indeed, we feel that a lively and well-contested election demonstrates real interest in, and enthusiasm for, the Community Partnership and reflects its genuinely democratic basis as a representative of the Community sector in Plymouth.

The Background
Plymouth Community Partnership is a registered charity and a Company Limited by Guarantee. The Partnership's governing body is therefore a Board of Trustees and it is this group which is ultimately responsible for the running of the organisation. The Trustees are elected by the Partnership's member groups. PCP Trustees have the responsibilities of Charity Trustees.

Board and Committee Structure
The Board comprises of ten elected Trustees, the Company Secretary and individuals who have a right to attend as representatives of funders. We also invite people, not on the Board or Staff, who have been appointed by Plymouth Community Partnership onto certain external bodies.

Plymouth Community Partnership devolves some work to Sub-committees. At the present time there are 3 Sub-committees. A Trustee is expected to sit on at least one of these Sub-committees, which advise and make recommendations to the Board and have certain specific responsibilities.

Sub-committees:

• Finance
• Membership Application Approvals Committee
• Personnel Committee

Only elected Trustees have the right to vote in Board and Sub-committee meetings.

Duties, Roles and Responsibilities of Trustees
As a member of the Board you would be collectively responsible for the overall operation and direction of the Community Partnership. The Partnership currently employs 9 full-time and 2 part-time members of staff who are responsible through the Director to the Board. Much of the day to day work of the Partnership is carried out by the staff but the Board has crucial responsibilities for determining policy and strategy, ensuring the proper use and allocation of resources and as the employer of staff. The liability of Board members is limited because of the Partnership's company limited by guarantee structure.

The roles and responsibilities of Trustees tend to fall into these three main categories

• Collectively with other Trustees having responsibility and accountability for the overall operation of the Partnership as an organisation.
  
  
• As an active member of Sub-committees of the Community Partnership and taking on other specific roles and responsibilities (eg. Chair, Vice-Chair) as determined by the Board.
  
  
• Representing the Community Partnership on other organisations and structures (for example the Community Partnership nominates community sector representatives on Plymouth 2020) as decided by the Board.

Staff
The Board is formally and legally responsible for the employment of staff. Trustees therefore have a duty to ensure that the Partnership fulfils its legal responsibilities as an employer. The principles on which the organisation was founded also stress that the Partnership should adopt high standards of practice in relation to the employment and treatment of staff.

Trustees and staff need to ensure there are good working relationships in order to achieve the effective working of Sub-committees and the development of a strong and active membership.

Legal Duties and Requirements of Trustees
The law sets out a number of duties to act in good faith which Trustees should follow. The Partnership has detailed information on these "fiduciary" duties but in summary they are as follows:

• Trustees must act in the interests of the members of the company generally, and also to have regard to the interests of the employees.
  
  
• A Trustee must not use his/her own powers for his/her own benefit or personal gain.
  
  
• A Trustee must inform the Board at the earliest possible opportunity if s/he is directly interested in any contract or transaction which the company proposes to enter.

As Plymouth Community Partnership is a registered charity Trustees have the responsibilities of Charity Trustees and must ensure the organisation operates within charity law.

The courts can disqualify certain people from being a Trustee of a Company. If you are considering seeking or accepting nomination as a candidate for election, you must satisfy yourself and confirm to the Partnership that you are legally able to be a Trustee.

Who can NOT legally act as a Trustee

• anyone who has been convicted of an offence involving deception or dishonesty, unless the conviction is spent;
  
  
• anyone who is an undischarged bankrupt;
  
  
• anyone who has previously been removed from trusteeship of a charity by the court or Commissioners;
  
  
• anyone who is under disqualification order under the Company Directors Disqualification Act 1986.

Please note that our bank and insurance company may require Trustees to provide certain personal information.

Good Practice for Trustees
The Board has previously agreed the following standards of good practice:

• Trustees make collective responsibility for the decisions of the Board and Sub-committees.
  
  
• Chairs (of the Board and/or Sub-committees) are appointed primarily to manage the business of meetings.
  
  
• Individual Trustees (including Chairs) should not normally contact the media on Partnership matters unless this has been agreed in advance.
  
  
• Individual Trustees (apart from the Chair) do not have authority to make decisions on policies outside Board meetings.
  
  
• Trustees will respect the confidentiality of discussions on Partnership business - although this must be balanced against the need to ensure good communication with member groups on the work of the Partnership.
  
  
• Trustees must sign the Confidentiality Policy.
  
  
• Trustees are expected to resign their position if they feel unable to serve, this may be because they have moved away from the area or are no longer associated with a group.
  
  
• A register of Trustees interests will be held - Trustees will be required to provide information for such a register to be compiled.

Commitment Required
The amount of time a Trustee will need to commit to the Partnership relates mainly to participation in Board meetings, Sub-committee meetings, training events, the Annual Community Conference, AGM and other General meetings. On the basis of current practice, this is likely to be as follows:

Trustees who are elected as Chair or Vice-Chair of the Board and any Sub-committees or are appointed as representatives of the Partnership on other organisations will be expected to devote additional time to their duties. There are also likely to be one-off working and advisory groups, conferences and other events in which Trustees will be encouraged to participate.

Currently Board and Sub-committee meetings take place during the day and are normally at the Partnership Offices in Catherine Street.

Expenses
Travel and certain additional expenses relating to Plymouth Community Partnership business, will be paid to Board members on the basis of appropriate claims and receipts being submitted and authorised.

Interests of Trustees
The following sets out the position concerning the interest of Trustees when business is being transacted at a Plymouth Community Partnership meeting.

Duties of Trustees
Trustees of the Company have what is termed a fiduciary duty towards the Company. They must not make a secret profit out of their position and must exercise their powers bona fide for the benefit of the company they represent as a whole. Furthermore, a Trustee is expected to exhibit the degree of skill and performance that may reasonably be expected from a person of his/her knowledge and experience.

When matters are being debated and decided either by the Board or Trustees, they should be aware of their duties towards the Company and be aware that any interest that they may have that they should declare.

Categories of Interest
There are two categories of interest:

• a pecuniary interest, this is where a person has a financial interest in the matter under discussion and extends not only to the possibility of profit as a result of discussion but also loss as well;
  
  
• a non-pecuniary interest, where the person has an interest in the matter concerned which is not financial but, nevertheless, an interest.

With each of these categories there are what are termed significant and insignificant interests, this is obviously a matter of the circumstances of the particular interest in question and it requires the Trustee to consider his/her position. The relevant test is what members of the public knowing the facts of the case would reasonably think and whether the interest in question might influence the Trustee. Whether the interest is insignificant or not is whether the public would think that the Trustee would be influenced in any way voting or considering the matter. If he/she is not likely to be influenced in respect of the matter then the interest is said to be insignificant.

Declarations of Interest
It is suggested that if a Trustee has a pecuniary interest whether significant or insignificant, then they should declare and withdraw from the meeting. In respect to non-pecuniary interests it is suggested that it should be up to the Trustee to make a decision as to the nature of the interest and act accordingly.

It is the responsibility of the Trustees to decide the appropriate course of action and declare as appropriate. It is advisable if there is any doubt as to the nature of the interest that the Trustee should declare and withdraw. If Trustees do have a problem it may be wise to seek legal advice prior to the meeting as to the nature of their interest so they are prepared for the course of action to adopt.