I WAS concerned to read your article about the council’s chief executive and her role as a charity trustee of Nesta.
The law is crystal clear. A charity trustee has fiduciary duties to a charity and only to the charity. A trustee can have no regard to the interest of any other party. This is so even if the trustee has been appointed by a third party.
A trustee can never represent a third party. A trustee can never use the position of trustee to safeguard or promote or benefit the interest of any third party.
For the council spokesman to say that her work as trustee “is... of benefit to the council”, and gives the council “every opportunity to influence and benefit from major funding opportunities” appears to me to to be either naive or improper and inappropriate. I would suggest that for Councillor James Alexander to agree to such arrangements is also unfortunate.
I would suggest that all parties concerned look at the very detailed guidance on the Charity Commission website on the legal role and duties of trustees.
Peter Brown Acomb Grange, Grange Lane, York.
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