Serving as a Board Member
Table of Contents
Preface and Acknowledgements
13
1 : The Charitable Gift
25
Designating a prior gift
27
Are board members trustees?
31
Responsibilities if board members are trustees
33
Fundraising inducements
34
Private vs. public benevolence
37
Deputized fundraising and public benevolence
38
Designation and private benevolence
38
Detached, disinterested generosity
40
Conclusion on gift issues
42
Questions for consideration
43
2 : Organizing As a Charity
45
Advantages and disadvantages of different forms of organizing
46
Policy development under a deed of trust
49
Unincorporated organizations
50
Most common form of church organization
53
Incorporating as a society
54
Trusts vs. trustee incorporation
55
Incorporating via special legislation
56
Articles of incorporation or letters patent
57
Consulting legal counsel
58
Value and mission statement
59
Summary of charitable-organization types
60
Questions for consideration
62
3 : Boards and Their Members
65
Rotation of board members
68
Source of board nominees
69
Nominating committee members
70
Nominating committee procedures
71
Nominating executive officers
72
Nominating committee report
73
Summary of board and membership involvement
73
Questions for consideration
73
4 : Board Powers and Conducting Meetings
77
Powers and authority of board members
77
The chairperson’s powers
78
Delegating board powers
78
Ensuring proper implementation of board policies and decisions
79
The board acting through committees
83
Audit committee members
85
Requirement to appoint an executive committee and an audit committee
85
Each board member’s legal role and task
86
Board members as charity trustees
86
Board members as the charity’s agents
87
Questions for consideration
89
5 : Charity Board-Members’ Duties
91
Board-member responsibilities resulting from their legal duties
97
The "follow the leader" syndrome
97
Special-interest groups electing or appointing board members
100
Contracting with other board members or bodies
101
Agreement with board actions
101
The right to participate and be informed
102
Relying on other board members
102
Relying on outside experts
104
Liabilities imposed by specific statutes
107
Responsibility to creditors
108
Indemnification and insurance
108
Property and casualty insurance
110
Financial controls and permitted investments
110
Conclusion on board-member responsibilities
111
Questions for consideration
112
6 : Hiring the Chief Executive Officer
115
The CEO’s job description
116
Conclusion on hiring the CEO
125
Questions for consideration
125
7 : Hiring Policies for Other Staff
127
Staff conduct in the case of close, private human interaction
132
Initial appointment of staff
134
Evaluation for permanent employment
138
Permanent contract or continuing appointment
139
Terminating employment
140
Termination in good standing
140
Termination not in good standing
141
Disagreement with the statement of faith
142
A dismissed staff member’s salary
143
Staff attendance at board meetings
150
Staff speaking at board meetings
150
Questions for consideration
152
8 : Developing a Conflict-of-Interest Policy
153
Conflict-of-interest types
154
Material, direct conflict of interest
154
Non-material, direct conflict of interest
155
Material, indirect conflict of interest
155
Non-material, indirect conflict of interest
156
Perceived material conflict of interest
156
Perceived non-material conflict of interest
157
What constitutes conflict of interest?
158
Conflict of interest between charities
158
Conflicts of interest for charity directors
159
Conflict of interest or competing tension
160
Conflict of interest defined
161
Conflict of interest involving board members
162
Conflict of interest involving employees
164
Direct, indirect and perceived material conflicts of interest for employees
164
Direct, indirect and perceived non-material conflict of interest for employees
166
Board supervision of staff
176
Protective instruments
181