Association of Systematic Kinesiology Trustees

Since ASK is a registered charity there needs to be Trustees whose main duty is to safeguard the Charity. The ‘governing document’* sets out the rules and regulations by which the Trustees have to abide.

However, ASK is also a ‘company limited by guarantee’ and ‘not having a share capital’, i.e. non profit making. Under company law the ‘governing document’ is called the ‘articles of association and memorandum’. So in ASK’s case they are the same document.

ASK must therefore comply with both charity law and company law. Some terms are commonly used referring to ‘trustees’ and others commonly referring to ‘directors’. Within the governing document reference is made to a member, a trustee and a director. The three titles within the governing document all relate to the same person i.e. a trustee is also a director and a member. A member in this particular reference means the person is a member of the board of directors and not to be confused with being a member of the association.

*The governing document in pdf format is being forwarded by the charity commission and will be uploaded on receipt within the next 3 weeks.

Review of governing document
The trustees were advised by a solicitor earlier this year that the governing document needed to be reviewed to bring it in line with more ‘modern day’ concepts and new legislation. A straightforward example is that many companies commonly hold meetings via conference call. The governing document was approved in 1988 at a time when conference calls were not common place. This is just one example where more clarity in an area is needed. Once reviewed by the trustees it has to be approved by the charity commission and will then be registered at Companies house. A PDF of the reviewed document will be available on the ASK website.

Electing a trustee

Each year at the Annual General Meeting the longest serving trustee retires and can then opt to be re-elected. Since ASK is a charity trustees are voted in by the board of directors/trustees/member. The members of the association do not vote in trustees.

The Trustees for 2010/2011

The present trustees are Alan Lam, Allison Prebble, Liz Sippy, Sally Prestwich and Elaine Mills. The trustees have excellent rapport and trust, respecting each other and discussing issues related to ASK, each taking their responsibilities very seriously. This enables effective communication and is important for the smooth running of ASK.

Trustees

Role of a Trustee

Trusteeship is a voluntary position. It is charity law that a trustee may not receive remuneration for being a trustee. However they can receive payment to cover any expenses. Trustees are responsible for the overall management and decision making in a charity. This means they have ultimate responsibility for the work of the charity and must act in its best interests. They take decisions about its future and need to act on any challenges that arise to safeguard the charity. The role is challenging but also interesting and rewarding. Each trustee brings their own skills, expertise and experiences enabling the group to function effectively. Trustees are expected to act with integrity and avoid any personal conflicts of interest. Trustees make decisions collectively as a team, keeping to an effective working strength, bringing skills and energy to ensure the efficient running of the charity They act reasonably and prudently to create positive changes with their prime concern being to safeguard the charity and ensure the efficient running and organisation of ASK. They act with integrity, avoid any personal conflicts of interest or misuse of their trustee position. They have a duty of care. They need to meet regularly for decisions to be agreed on by a quorum of trustees. Personal conflicts of interest, personal views and prejudices can affect this. If a problem occurs in the charity's work or finances, the ultimate responsibility rests with the trustees. Therefore the trustees work together to ensure they adhere to guidelines laid down in the governing document, make proper and informed decisions and take advice where necessary. Trustees encourage team work, solve problems, make decisions and aim to maintain good working relationships. Further information can be found in 'The Essential Trustee': http://www.charity-commission.gov.uk/Publications/cc3.aspx and other places on the Charity Commission website: http://www.charity-commission.gov.uk/index.aspx and other places on the Charity Commission website.

Meetings

Each year the trustees usually hold at least 1 face to face meeting, this meeting takes place towards the end of the financial year so all ASK office expenses and supporting documentation may be viewed by all the trustees and signed off during that meeting.

The administrator will advise the trustees via e-mail of items that need to come to their attention. Many issues can be resolved via email correspondence and sometimes conference calls are held. All types of meetings are minuted and documented. This is imperative for the smooth running of ASK and enables all the trustees to fulfil their other commitments. It requires complete trust, openness and transparency to work effectively.

Appointment of New Trustee

Providing the number of trustees does not fall below the quorum requirement of three, as set out by the governing document, it is not deemed necessary by the charity commission to have more trustees. Therefore the number of trustees is decided upon by the discretion of the present trustees. In the case of a split vote the chairperson (providing they are a trustee) would have the casting vote.

Trustees play an essential role in the governance of charities. In due course the present trustees will meet to prepare a short job description and person specification in compliance with CC guidelines and regulation and criteria.

Mediation Process

Should there be a major dispute or disagreement within the trusteeship, mediation is a private and confidential process by which the parties in a dispute agree to appoint an independent person who meets them and their advisers with a view to helping the parties reach a solution. As the solution is agreed to by those directly affected, rather than imposed externally, it is more likely to provide a long-term resolution.

Mediation can be a quick and cost effective way to resolve disputes and is recommended by the charity commission.

Administrator

Role of the Administrator

Headline Responsibilities include:

• Reporting to the ASK trustees on any matters which need their decision or direction.
• Organises trustee meetings
• Runs the ASK day to day office tasks, Monday-Friday 9am-5.00pm– the office has a 24/7 answer phone.
• Handles all membership applications and membership upgrades. Updates relevant databases.
• The ASK accounts, day to day bookkeeping and preparation of the accounts for yearly audit.
• Provides twice yearly membership updates and budget forecast for the trustees.
• Handles the subscriptions received twice yearly.
• The organisation of the annual ASK day and ASK seminars.
• Oversees the submission of details of continuing professional development courses and case studies from the ASK professional members. Checking and posting case studies for the ASK website.
• Keeps a register of members who are part of the gift aid scheme and submits the annual return to the Inland Revenue Gift Aid office.
• Organises the health shows and helpers for the ASK stand. Liases with the ASK show representative, currently this position is held by Paz Fairbrother.
• Prepares and issues the ASK newsletter, currently produced 3 times per year.
• Is responsible for the running of the ASK website
• Provides a helpline for ASK members who may be needing advice regarding treatment of clients if they are unable to contact their tutor and any other issues related to ASK.