TRUSTEES CODE OF CONDUCT

The Law / Regulatory Framework

1. Those who serve on the Board of Trustees of a charity have responsibilities under charity law as trustees.

2. Charity Commission guidance can be found in CC3 The Essential Trustee.

3. Trustees who act in breach of their legal duties can be held responsible for consequences that flow from such a breach and for any loss the charity incurs as a result. When the Charity Commission investigates cases of potential breach of trust or duty or other misconduct or mismanagement, it may take account of any evidence that trustees, by not following good practice, have exposed the charity, its assets or its beneficiaries to harm or undue risk.

Policy Statement

4. Trustees are required to sign the Code of Conduct which is annexed to this policy on joining and to reconfirm on the extension of additional term of appointment. The Code aims to define the standards expected of the charity’s trustees to ensure that:

• The organisation is effective, open and accountable.
• The highest standards of integrity and stewardship are achieved; and
• The working relationship with any staff and advisers is productive and supportive.

5. The Code requires that Trustees must:

• Do what will best enable the charity to carry out its purposes
• Make balanced and adequately informed decisions, thinking about the long term as well as the short term.
• Avoid putting themselves in a position where duty to the charity conflicts with personal interests or loyalty to any other person or body.
• Not receive any benefit from the charity unless it is properly authorised and is clearly in the charity’s interests; this also includes anyone who is financially connected.
• Act responsibly, reasonably and honestly.
• Make sure the charity’s assets are only used to support or carry out its purposes.

Principles

6. The Charity Governance Code sets out a range of governance-related standards that charities should aim to comply with. The code is divided into principles, one of which is ‘integrity’. A recommended practice to demonstrate integrity is that ‘trustees adopt and adhere to a suitable code of conduct that sets out expected standards of probity and behaviour’, so we ask that Trustees sign to indicate that they have read and understood the Hoplite Code of Conduct.

Breaches of the Code

In cases where there is a concern that a trustee has breached this Code, the Chair and secretary will form an investigative panel, who will make a recommendation to the Board. (If a concern has been raised about the Chair, the review will be undertaken by the secretary and another trustee). The Board will decide whether to discuss the recommendation in closed session. Any sanctions will be determined by the Board, up to and including requiring the trustee concerned to resign from the Board. The trustee will accept the decision of the board in such cases.

CODE OF CONDUCT

As a Trustee of the Hoplite Fund, and by signing this document, I promise to abide by the fundamental rules that underpin all the activities of the Charity. These are:

Accountability

Everything the Hoplite Fund does will be able to stand the test of scrutiny by the public, the media, Charity regulators, members, stakeholders, funders, and the courts.

Integrity and Honesty

These will be the hallmarks of all conduct when dealing with colleagues within the Hoplite Fund and equally when dealing with individuals and institutions outside it.

Transparency

The Hoplite Fund strives to maintain an atmosphere of openness throughout the Charity to promote confidence of the public, stakeholders, staff, and Charity regulators.

Law, Mission, and Policies

I will not break the law or go against Charity regulators in any aspect of my role as Trustee.
6. I will support the mission and consider myself its guardian.
7. I will abide by the Charity’s policies.

Conflicts of Interest

8. I will comply with the Charity’s conflicts of interest policy.
9. I will always strive to act in the best interests of the Charity.
10. I will declare any conflict of interest, or any circumstance that might be viewed by others as a conflict of interest as soon as it arises.
11. I will submit to the judgement of the Board and do as is required regarding potential conflicts of interest.

Person to Person

12. I will not break the law, go against Charity regulations or act in disregard of Charity policies in my relationships with fellow Trustees, staff, volunteers, members, service recipients, contractors, or anyone I come into contact within my role as a Trustee.
13. I will strive to establish respectful, collegial, and courteous relationships with all I come into contact within my role as a Trustee.

Protecting the Charity’s Reputation

14. I will not speak as a Trustee of the Hoplite to the media or in a public forum without the prior knowledge and approval of the Managing Trustee.
15. When prior consent has not been obtained, I will inform the Managing Trustee at once when I have spoken as a Trustee of the Hoplite to the media or in a public forum.
16. When I am speaking as a Trustee of the Hoplite, my comments will reflect current Charity policy even when these do not agree with my personal views.
17. When speaking as a private citizen I will strive to uphold the reputation of the Hoplite and those who work in it.
18. I will respect Charity, Board and individual confidentiality.
19. I will take an active interest in the Hoplite’s public image, noting news articles, books, television programmes and the like about the Charity, about similar organisations or about important issues for the Charity.

Personal Gain

20. I will not personally gain materially or financially from my role as Trustee, nor will I permit others to do so because of my actions or negligence.
21. I will document authorised expenses and seek reimbursement according to policy.
22. I will not accept gifts or hospitality without prior consent of the Managing Trustee, operating on behalf of the Charity.
23. I will use Charity resources responsibly, when authorised, in accordance with policy.

In the Boardroom

24. I will strive to embody the principles of leadership in all my actions and live up to the trust placed in me by the Hoplite.
25. I will abide by Board governance procedures and practices.
26. I will strive to attend all Board meetings, giving apologies ahead of time to the Chair if unable to attend.
27. I will study the agenda and other information sent me in good time prior to the meeting and be prepared to debate and vote on agenda items during the meeting.
28. I will honour the authority of the Chair and respect their role as meeting leader.
29. I will engage in debate and voting in meetings according to the procedure, maintaining a respectful attitude towards the opinions of others while making my voice heard.
30. I will accept a majority Board vote on an issue as decisive and final.
31. I accept that no decision of the Trustees shall be valid unless it receives the assent of the Managing Trustee.
32. I will maintain confidentiality about what goes on in the Boardroom unless authorised by the Chair or Board to speak of it.

Enhancing Governance

33. I will participate in induction, training, and development activities for Trustees.
34. I will continually seek ways to improve Board governance practice.
35. I will strive to identify good candidates for Trusteeship and appoint new Trustees based on merit.

Leaving the Board

36. I understand that a material breach of any part of this code is misconduct and may result in my removal from the Trustee Board. Our response will be proportionate depending on the situation.
37. There are several grounds which would justify a Trustee being removed:

• As a result of a complaint or an issue which is damaging to the Charity.
• Death of a Trustee – being a Trustee is a personal role; it cannot be passed onto the deceased’ Trustees executors.
• Incapacity of a Trustee – if they no longer have capacity to make decisions.
• Absent Trustee – if they fail to act as a Trustee and fulfil their duties and obligations ¹.
• Uncooperative Trustee – if they refuse to co-operate with other Trustees or deal with legitimate enquiries from beneficiaries and provide them with information about the Charity to which they are entitled.
• Biased Trustee – if a Trustee is improperly favouring some beneficiaries over others.
• Conflict of interest – if the Trustees personal interests’ conflict with the interests of the trusts.
• Failing to act properly – if a Trustee makes poor investment decisions or is negligent in their actions.
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38. Trustees can invoke and will abide with the Charity’s ‘no confidence’ procedure. A successful vote of no confidence in a Trustee may lead to the Managing Trustee formally removing them from their role with the Charity.
39. Should I resign from the Board I will inform the Chair, ideally 3 months, in advance in writing, stating my reasons for resigning. Additionally, I will participate in an exit interview.
40. Trustees should not seek to identify and engage with their own replacements, but must comply with the Recruitment, Succession and Induction policy.