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Thread: Trustees and the GEC...

  1. #1
    Senior Member Bushfella's Avatar
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    Trustees and the GEC...

    I should really just walk away and let people discover for themselves, but I cannot do that because I care about people who are my family and friends.


    Tarquin will say, "told you so"...

    I ran my Group with a monthly Exec meeting, all my Leaders and others who agreed to be Trustees were members, others were welcome to join in to comment, and to help run fundraising events, even though they were not trustees. It was all party of my, "join the family" approach to running the show. However, we made it clear who was and who was not a Trustee. The day after someone was apojnted as a Trustee, they were registered as such with the Charity Commission, the day they left, they were removed from the board of Trustees and the Charity Commission informed of the changes. No real problem.

    Now, the Group has two remaining Trustees, the Treasurer and one Leader, all others have resigned their Trustee roles and their leader roles. District has now imposed four of its own people onto the Exec, which I think it can just about do legitimately. However, they are trying to say that there is a difference between the Trustees and the GEC, and as a result they have pulled in people as GEC members, who clearly stated that they had no desire to be trustees.

    Surely the people who run the District should at least understand POR, and in the case of a registered Charity understand the implications of being a member of the Group Executive Council?

    Should it not be a mandatory module that all GSLs, Chairs, Treasurers, Secretaries, and District Commissioners attend and fully comprehend the legal niceties of running a board of trustees? ( and whether you are registered, exempted or just plain running a local club these same rules apply). I'm not sure that any mandatory module goes into this in full detail. I stand to be corrected.
    Ewan Scott

    It seems that there are a lot of Nawyecka Comanch around....





    Nawyecka Comanch'": "Means roundabout--man says he's going one way, means to go t'other" Ethan Edwards - The Searchers



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  2. #2
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    When we had our new scout HQ build early 1980s three people became building trustees the then GSL the group chairman and myself at the time SL this has not changed both the ex GSL and EX chairman are still in contact with our group but are now both in their 70s the district/county are suggesting we sign over the building trusteeship to TSA What is the difference between group trustees and building trustees and will it be a good thing to sign things over to TSA.

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    Senior Member Walsallwizard's Avatar
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    you crafty boy...

    When someone takes a position on the GEC they become a Trustee unless they opt out iirc this only applies to section Leaders. The lack of knowledge of POR or that of being a charity Trustee does not exclude people from thier legal responsibilities. I believe that new Trustees have to be voted onto the GEC and that this would require an extraordinary meeting of the GEC open to all within the Group. GEC members can be co-opted onto the GEC but this can only be equal to the number of elected GEC members.
    Richard Fenton
    CSL 1st Hartburn Sea Scouts (Graham Mellanby's Own)
    www.hartburnseascouts.org


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    Senior Member Bushfella's Avatar
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    Quote Originally Posted by banderlog View Post
    When we had our new scout HQ build early 1980s three people became building trustees the then GSL the group chairman and myself at the time SL this has not changed both the ex GSL and EX chairman are still in contact with our group but are now both in their 70s the district/county are suggesting we sign over the building trusteeship to TSA What is the difference between group trustees and building trustees and will it be a good thing to sign things over to TSA.
    Was a separate trust established to look after the property?

    If Yes, then no problem.

    If No, then you do not have two separate bodies, but one.

    Why transfer to the Scout Trust Corporation whatever it is called...

    You have pointed out that your Hall trustees are rather elderly. Time takes its toll. Now, nature, inevitably, will cull those three and you will have two, then one Trustee, possibly none. With just one trustee you have a risk - one Group found that the sole trustee had sold their property from under them. If you end up with no trustees you can have some serious issues re-establishing trusteeship. The Scout Trust removes these issues, and holds the building in trust in perpetuity. If your group closes and they hold the title, then it ensures that the District has plenty of hurdles to jump before it can sell the property.

    And yes, Districts selling property does happen.

    I would recommend that any Group that owns land or property should pass title to the Scout Trust. You still have to manage it and maintain it, but at least title is secured in perpetuity.
    Ewan Scott

    It seems that there are a lot of Nawyecka Comanch around....





    Nawyecka Comanch'": "Means roundabout--man says he's going one way, means to go t'other" Ethan Edwards - The Searchers



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    richardnhunt (19-06-2014)

  6. #5
    GSL & AESL shiftypete's Avatar
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    To be clear as it seems to cause confusion having a building and/or held in trust for you by the SATC does not stop you managing the building and/or land e.g. doing renovations and general maintenance and upkeep. Our District Campsite is held in trust by SATC but our District is still in full control of the site and its buildings, indeed we are just completing the process of leasing a small additional bit of land (peppercorn rent as well ) and our District Chairman has been liaising closely with the SATC about this.

    Peter Andrews AESL of Headingley Pirates ESU, Group Scout Leader & Webmaster of Falkoner Scout Group
    www.falkonerscouts.org.uk

    Previous Scouting Roles
    2003 - 2013 ABSL
    2017-2018 AGSL

    Wike, North Leeds District Campsite - www.wikecampsite.org.uk
    www.leeds-solar.co.uk
    Please note all views expressed are my own and not those of any organisation I'm associated with

  7. #6
    Yes, I've got the T-shirt Sparkgap's Avatar
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    Quote Originally Posted by shiftypete View Post
    To be clear as it seems to cause confusion having a building and/or held in trust for you by the SATC does not stop you managing the building and/or land e.g. doing renovations and general maintenance and upkeep. Our District Campsite is held in trust by SATC but our District is still in full control of the site and its buildings, indeed we are just completing the process of leasing a small additional bit of land (peppercorn rent as well ) and our District Chairman has been liaising closely with the SATC about this.
    And would the district be able to take back trusteeship from the SATC and -for example- flog the place off to a developer if thry wanted?
    Andy
    SL 1st Wellington
    www.wellingtonscouts.org

  8. #7
    Senior Member Bushfella's Avatar
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    Quote Originally Posted by Sparkgap View Post
    And would the district be able to take back trusteeship from the SATC and -for example- flog the place off to a developer if thry wanted?
    It would be extremely difficult, and possibly expensive, to transfer out of the STC. Many questions would be asked and the STC, acting on behalf of its trustees would have to ensure that any action taken was in the best interests of Scouting - not just District finances... It can be done, I am sure.
    Ewan Scott

    It seems that there are a lot of Nawyecka Comanch around....





    Nawyecka Comanch'": "Means roundabout--man says he's going one way, means to go t'other" Ethan Edwards - The Searchers



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  9. #8
    Sea Scout Leader richardnhunt's Avatar
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    Whilst the group exists, SATC must act in accordance with that trusteeship

  10. #9
    Sea Scout Leader richardnhunt's Avatar
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    http://www.charitycommission.gov.uk/...n-more-detail/ For info on selling land - much more info in the same area and the "official custodian" can be seen as broadly similar to SATC

    Rich

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