Malcolm Rivera
The term trustee is often used in the context of charitable or educational organizations, where a board of trustees is responsible for setting the policy direction and management of the organization. Trustees are elected through a democratic process, but their role is not inherently political. However, there have been instances where individuals serving as trustees have also pursued political campaigns, leading to potential conflicts of interest. In these cases, it is important for the trustee-candidate to maintain political impartiality, avoid using organizational resources for their campaign, and excuse themselves from any decisions that may pose a conflict of interest. The concept of trustees as representatives separate from political parties has also been discussed in the context of government, where officials are seen as trustees of the people, responsible for defending the Constitution and acting in the public interest rather than for personal gain or the benefit of a political party.
| Characteristics | Values |
|---|---|
| Trustee Model of Representation | Constituents elect their representatives as 'trustees' for their constituency |
| Trustees have autonomy to deliberate and act as they see fit, even if it goes against the explicit desires of their constituents | |
| Trustees should not be loyal to a political party but to the Constitution and the institution in which they serve | |
| Charity Trustees and Political Candidates | Charity trustees who are also political candidates should not use charity resources, materials, data, or premises to further their campaigns |
| The charity should not host nor distribute campaigning materials of the trustee/candidate |
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What You'll Learn
- Charity trustees and political candidates: managing conflicts of interest
- Trustees in politics: acting in the public interest, not for personal gain
- Trustee elections: voting procedures and variations
- The trustee model of representation: autonomy vs. delegate model
- Schools and religious charities: navigating political campaigns
Charity trustees and political candidates: managing conflicts of interest
Trustees are elected in certain organizations, such as charities or schools, to form a governing board that sets the policy direction of the organization and is responsible for its management. While the term "trustee" is often used in this context, it is important to note that it can also refer to a government official acting as a trustee of the constitution, as seen in the example of Congressman Justin Amash. Amash's declaration of independence from the Republican Party emphasized his role as a trustee, acting in the public interest and ensuring the separation of powers.
When a charity trustee becomes a political candidate, it is crucial to manage any potential conflicts of interest. While it may not be mandated for the trustee to step down from their role at the charity, several steps should be taken to maintain political impartiality and mitigate risks. Firstly, the charity should assess and identify any actual or perceived conflicts of interest arising from the trustee's political candidacy. Reasonable steps should then be taken to mitigate these risks, such as ensuring that the trustee declares their conflict at all meetings and refrains from participating in any discussions or votes where a conflict may occur.
Additionally, the trustee/candidate should not utilize charity resources, materials, or data for their political campaign. The charity premises should not be used for political activities or the distribution of campaigning materials. If the charity is religious, the trustee/candidate must also refrain from using religious platforms, such as sermons or teachings, to promote their political candidacy. It is important to provide a level playing field by inviting candidates from a wide political spectrum to host hustings or debates and ensuring equal access to the premises for all candidates.
By following these guidelines, charity trustees who are also political candidates can effectively manage conflicts of interest and maintain the integrity of both their charitable work and political aspirations. It is essential to uphold political impartiality, prevent the misuse of charitable resources, and ensure that the trustee's political activities do not negatively impact the charity's operations or reputation.
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Trustees in politics: acting in the public interest, not for personal gain
Trustees are commonly associated with charities and schools, and they are elected to sit on the governing boards of these organisations. They are responsible for setting the policy direction and have overall management responsibility.
Trustees are not typically associated with political campaigns, but there are instances where a trustee may also be a political candidate. In these cases, it is important to manage any conflicts of interest. This means not using charity resources, materials, data, or premises for a political campaign. The charity should also not host or distribute campaign materials for the trustee/candidate.
In a political context, the term 'trustee' has been used to describe the role of government officials. For example, Congressman Justin Amash described himself as a trustee of the Constitution, acting in the interests of citizens and not as "a handmaiden to a political party". This interpretation of the role of government officials aligns with the trustee model of representation, where representatives are elected as 'trustees' for their constituency. They are expected to act in the public interest, using their knowledge and experience to inform their decisions, rather than simply carrying out the explicit desires of their constituents.
In summary, while trustees are not typically involved in political campaigns, the concept of acting in the public interest and putting the interests of citizens first is an important aspect of the role, whether in a charitable, educational, or governmental context. Trustees should always act in the best interests of the organisation or constituency they represent and avoid any personal gain or benefit.
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Trustee elections: voting procedures and variations
Trustee elections are held by certain organisations to elect their governing board, or the board of trustees. The board of trustees is responsible for setting the policy direction of the organisation and its management. The term "trustee" is typically used in the context of charities and schools.
The voting procedures for trustee elections can vary. For example, local school board elections in Canada have been conducted through traditional ballot box voting, postal voting, telephone voting, and iVoting. Local school board elections are often held at the same time as municipal elections, and depending on the policies of the municipality, they may offer one or several days of advance voting.
The election process for trustees typically involves an Elections Committee, which is responsible for establishing and supervising the elections. The Chair of the Elections Committee is elected by a majority vote of the existing Board of Trustees and must be a member of the Board of Trustees or an Emeritus Trustee. The Elections Committee establishes procedures to ensure the privacy, validity, and accuracy of all ballots. The counting of ballots takes place on the election date, and at least two members of the Committee must be present.
In the case of a tie, a fair and unbiased random selection method is used to determine the order of the tied candidates. The results of the election are then certified to the Board of Trustees within a specified timeframe. Only the vote counts of the elected candidates and the total vote count are published, while all candidates receive the full list of votes cast.
Additionally, there are procedures in place to address casual vacancies, which occur when a Trustee does not complete their full term. In such cases, the Board may appoint a replacement Trustee by a majority vote until the next election. If there is a remaining term, an additional Trustee will be elected to serve the remainder of the term during the subsequent election.
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The trustee model of representation: autonomy vs. delegate model
The trustee model of representation is a model of representative democracy, where constituents elect their representatives as 'trustees' for their constituency. These 'trustees' have the autonomy to deliberate and act as they see fit, in their own conscience, even if it goes against the explicit desires of their constituents. This model was formulated by Irish MP and philosopher Edmund Burke (1729–1797), who opposed the delegate model of representation.
In the trustee model, Burke argued that his behaviour in Parliament should be informed by his knowledge and experience, allowing him to serve the public interest. Essentially, a trustee considers an issue and, after hearing all sides of the debate, exercises their own judgment in making decisions about what should be done. This means that representatives are entrusted by voters with the responsibility of governing for all and are free to serve the people as they think best.
On the other hand, the delegate model of representation is also a model of representative democracy, where constituents elect their representatives as delegates for their constituency. These delegates act as a mouthpiece for the wishes of their constituency/state and have no autonomy from the constituency. They only have the autonomy to vote for the actual representatives of the state. This model does not allow representatives to act in their own conscience and is bound by an imperative mandate. The representative acts as the voice of those who are not present.
The delegate model of representation is often used in council democracy and commune democracy, where representatives are expected to act strictly in accordance with the beliefs of their constituents. This model is in direct contrast to the trustee model, where trustees have the freedom to make decisions based on their own judgment and conscience, even if it goes against the wishes of their constituents.
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Schools and religious charities: navigating political campaigns
Schools and religious organisations are subject to certain rules and restrictions when it comes to engaging in political campaigns. In the US, the First Amendment guarantees students at public colleges and universities the right to engage in political activity, expression, and association on campus. Private colleges and universities are also expected to provide a degree of freedom of expression and association, as promised in their institutional handbooks, policies, promotional materials, or state laws.
However, it is important to note that the political activity of students and faculty is generally not considered to represent the views of the educational institution, unless it is undertaken with the direction and authorisation of a school official. This is especially true for senior administrators, where the risk of the appearance of institutional endorsement is higher.
When it comes to charitable organisations, including churches and other religious organisations, they are prohibited from directly or indirectly participating in any political campaign or intervening on behalf of or in opposition to any candidate for elective public office. This includes contributions to political campaign funds or public statements of position made on behalf of the organisation. Violating this prohibition can result in the denial or revocation of tax-exempt status and the imposition of excise taxes.
Despite these restrictions, charitable organisations can still engage in certain activities that encourage participation in the electoral process, such as non-partisan voter registration and get-out-the-vote drives. Additionally, voter education activities conducted in an unbiased and non-partisan manner, such as presenting public forums and publishing voter education guides, are also permitted.
In conclusion, while schools and religious charities must navigate specific rules and restrictions when engaging in political campaigns, there are still opportunities for them to encourage political participation and provide educational resources, as long as they do so in a non-partisan and unbiased manner.
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Frequently asked questions
A trustee is a representative in a model of representative democracy. Trustees are elected to a board of trustees, which sets the policy direction of an organization and has overall responsibility for its management. Trustees are commonly found in charities and schools.
No. Trustees are not bound to a political party and are instead loyal to the constitution and the institution they serve. They are expected to act in the public interest and not for personal benefit or the benefit of any political party.
Yes, a trustee can also be a politician. However, they must take steps to manage any conflicts of interest. This includes declaring their conflict, refraining from using charity resources for their campaign, and not hosting or distributing campaigning materials at charity premises.
No, a trustee should not use their position to promote their political campaign. They should not use any resources, materials, or data owned by the charity they are a trustee of and should avoid using any religious platforms (such as sermons or teachings) to promote their political candidacy.
