Charity Tribunal: appointment of Chair and members

STATES OF JERSEY

CHARITY TRIBUNAL: APPOINTMENT OF CHAIR AND MEMBERS

Presented to the States on 13th February 2018 by the Chief Minister

STATES GREFFE

2018  R.14

REPORT

Introduction

The Assistant Chief Minister is presenting this Report to the States Assembly, giving 2 weeks' notice of his proposed intention to appoint the following individuals as Chair and members of the Charity Tribunal –

Chair:  Mrs. Sarah Bartram-Lora Reina Members:

Advocate Martin Elks Mr. Kevin Hart

Mr. Dominic Hebert

Ms. Anna Przybyszewska Mrs. Deborah Thompson.

The Charity Tribunal is established under Article 32 and Schedule 2 of the Charities (Jersey) Law 2014 ("the 2014 Law"). Article 32 states that –

"32  Establishment of Charity Tribunal

1. There is established a tribunal to be known as the Charity Tribunal.
2. The function of the tribunal is to hear and determine appeals under this Part.
3. Schedule 2 makes further provision in respect of the tribunal.".

Schedule 2, paragraph 1, of the 2014 Law requires that –

"1  Appointment

1. The Minister must appoint as members of the tribunal at least 4, and no more than 8, persons appearing to the Minister to be suitable for the position and to have appropriate experience to safeguard the interests of the public and the charitable sector in Jersey.
2. Before appointing a person as a tribunal member, the Minister must seek the views of the Jersey Appointments Commission established by Article 17 of the Employment of States of Jersey Employees (Jersey) Law 20051 on the appointment (without prejudice to the powers of the States or the Jersey Appointments Commission under Article 15 of that Law).
3. The Minister must, at least 2 weeks before appointing a person as a tribunal member, present to the States a notice of his or her intention to make the appointment.
4. A person appointed as a tribunal member holds and vacates that position in accordance with the terms of his or her appointment, subject to this Law.

1 chapter 16.325

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5. When appointing a person as a tribunal member the Minister must determine  the  period  of  the  appointment,  being  not  more  than 6 years.
6. The Minister may re-appoint a person serving as a tribunal member (and  references  in  this  paragraph  to  appointment  include  re- appointment).
7. The Minister must, among the members of the tribunal, designate one as the chair and another as the vice-chair.
8. Service  as  a  tribunal  member  is  honorary,  unless  the  Minister determines  that  the  chair  is,  or  all  the  members  are,  to  be remunerated by the States as Minister sees fit.".

Matters relating to appointment

In accordance with the requirements of the 2014 Law, the selection process was overseen by the Jersey Appointments Commission. Brief biographical details for each appointee have been included at the end of this report.

Financial and resource implications

Service as a tribunal member is honorary. Administrative costs associated with the Charity  Tribunal  will  be  met  from  the  Community  and  Constitutional  Affairs Departmental budget.

BIOGRAPHICAL DETAILS OF APPOINTEES Mrs. Sarah Bartram-Lora Reina (Chair)

Mrs. Bartram-Lora Reina is an Associate Client Director in a local Trust Company and is responsible for a client portfolio of trusts, companies and charitable trusts for families based  predominantly  in the  UK  and  Europe.  With  significant  experience  in  trust management and administration, Mrs. Bartram-Lora Reina brings this experience of fiduciary duties, regulatory responsibility and corporate governance to the role. She is a committee representative at the Jersey Association of Trust Companies ("JATCO"); and the former local Institute of Financial Services ("IFS") committee.

Advocate Martin Elks

Advocate Elks has worked in the legal sector in Jersey since 2001. His work includes matters  of  family  law,  criminal  law,  negligence  and  personal  injury  claims, employment, trust law, and work of a general commercial nature. He has conduct of both Legal Aid and Private Client cases, and is approved to act as duty lawyer in the Magistrate's Court and Youth Court, as well as at Police Headquarters. He has over 20 years' experience in charitable work, including being a resident volunteer with a respite care provider for disabled adults and being a Governor of a local children's charity.

R.14/2018

Mr. Kevin Hart

Mr. Hart is a Transport Industry Professional with over 25 years' experience in the public  transport sector, with over 4 years' experience at senior board level for a subsidiary of a FTSE 250 company and, more recently, 5 years at Director level for a Social Enterprise and UK Registered Charity. He provides support to the company Human Resources Manager across the full spectrum of an employee lifecycle, including matters which have reached the Jersey Employment Tribunal.

Mr. Dominic Hebert

Mr. Hebert is a qualified accountant, full member of the Association of Chartered Certified Accountants ("ACCA"), and a chartered member of the Chartered Institute for Securities and Investments ("Chartered MCSI"). Alongside his significant experience within the finance industry, he has had board member and co-ordinator involvement with charities and not-for-profit organisations both locally and in France.

Ms. Anna Przybyszewska

Ms. Przybyszewska is a Human Resources professional with local experience working with Employment Tribunal cases. She is currently working for the States of Jersey in administration for the Health and Social Services Department; and also acts as an interpreter for the Law Officers, Police, Customs and Immigration Services. She has significant charitable experience in both Jersey and Poland, working with children's charities and those involved in mental health and cancer relief.

Mrs. Deborah Thompson

Mrs. Thompson is a Chartered Physiotherapist and Chartered Psychologist in teaching, and currently delivering A-level Psychology at a local school. She has experience as a Lay Youth Court Panel member, and as a member of the Law Society Disciplinary Panel and Children's Placement Panel. She has worked in both a professional and lay capacity with local charities in the areas of education and health care. She is currently completing her Professional Doctorate in Sport and Exercise Psychology.