Discipleship Ministries is an agency of The United Methodist Church 2023 Discipleship Ministries. << /Type /Pages /MediaBox [0 0 612 792] /Count 1 /Kids [ 2 0 R ] >> Thinking about the difference your charity makes may help you to explain more clearly how it benefits the public. Conflicts of interest (and conflicts of loyalty) are more common than people often think. The trustees together have several legal and administrative functions. In others, the trustee is the janitor. Trustees must make decisions solely in the charitys interests, so they shouldnt allow their judgement to be swayed by personal prejudices or dominant personalities. Trustees who simply defer to the opinions and decisions of others arent fulfilling their duties. ttry Trustees ensure that the Anicles of Incorporation of the congregation are kept up- to-date. Within thirty days after the beginning of the ensuing calendar or conference year (whichever applies to the term of office), each board of trustees shall convene at a time and place designated by the chairperson, or by the vice chairperson in the event that the chairperson is not reelected a trustee or because of absence or disability is unable to act, for the purpose of electing officers of the said board for the ensuing year and transacting any other business properly brought before it. 11 0 obj Trustees also work to maintain the church buildings and property. Prayer Calendar for Advent through Christmas. 2. All charities must keep proper financial records and prepare annual accounts. 14 0 obj How to make changes to your charitys governing document. <> The reasons for disqualification are the same as for trustees - see section 3.2.1. You may want to read all of this guidance to get a better understanding of trustees duties overall, or you may want to find out more about a specific topic. You can read the automatic disqualification guidance for charities which explains the disqualification in more detail.. Charity staff: how to employ paid workers, Charity Finance Group guidance about pensions. You do not have to state the charitys registration number, but its good practice to do so. You have accepted additional cookies. The board of trustees is typically the governing. Land belonging to a charity (particularly designated land) might be permanent endowment. This team, subject to the direction of the charge conference, has oversight and care of all local church property, buildings, and equipment to further the mission of the church. Under the statute, a directors fiduciary obligation is to perform his or her duties in accord with three distinct requirements: The Church Law Center of California provides counsel to religious and secular nonprofit clients. You and your co-trustees may need to review it from time to time to ensure that it continues to meet the charitys needs. To hold the title to church property and manage it as trustees of the local church, where the local church is not incorporated, or where the civil law requires it, or where for other reasons it is deemed best by the district superintendent or the District Advisory Board, subject to the guidance and the restrictions as set forth in paragraphs 102104.4. /rH!Dt)VHhk#$J)yG5=y(v/^Z%vwg S W/K+;YK~t_R#;$ 1 *j$U}$*1y$; NjMbsv"pUm9D$a++8Gi?!/TvlG*.E$\g!r7 1:{zN cgm]^+{XDz~FTLFj39(-;$$oo8d6H* E:!@ Hq*HoHd$;tCQ~; u(_c+(qUrga89:Je%+WKHW"5 MBi+y17.ycQ>J2cqHyv dSHu/vy@. Read more. 3. Some types of incorporated body (companies, CIOs and Community Benefit Societies) can specifically limit the liability of their trustees and members. Some incorporated forms can limit trustees liability to third parties. ' Zk! $l$T4QOt"y\b)AI&NI$R$)TIj"]&=&!:dGrY@^O$ _%?P(&OJEBN9J@y@yCR nXZOD}J}/G3k{%Ow_.'_!JQ@SVF=IEbbbb5Q%O@%!ByM:e0G7 e%e[(R0`3R46i^)*n*|"fLUomO0j&jajj.w_4zj=U45n4hZZZ^0Tf%9->=cXgN]. To help us improve GOV.UK, wed like to know more about your visit today. Dont act on any information on this website without first speaking to an attorney. Some of these obligations are moral and ethical in nature, but some also have a legal character. When selling or leasing land, trustees must try to get the best deal for the charity (unless they are making the disposal to further the charitys purposes). What duties are church elders responsible for? But even if a trustee isnt validly appointed, they can still be held liable for their actions and decisions. It can own property or enter into contracts in its own name. The law places duties on board members to prevent the abuse of limited liability. If you cant demonstrate these things, you should be able to explain what steps you are taking to address any difficulties. % Stewardship For example if your charity has business dealings with your employer, a friend, family member, or another body (such as a local authority or charity, or a charitys trading subsidiary) that you serve on. Rule #4: Act with a Duty of Obedience. Staying out of the ditches! 3 0 obj These include the charitys objects and, usually, how it must be administered. However, in serious cases the Commission may need to advise the trustees or take action to protect the charity. How to Correctly Prepare a Written Acknowledgment of a Contribution by a Donor to a Church or Other Charity, The Designation and Taxability of Housing Allowances for Pastors, The Effect of AB506 on Churches: Background Checks and Training Requirements for Church Staff and Volunteers in Youth Service Organizations, Two Federal District Courts Rule that 501(c)(3) Status Subjects Private High Schools to Title IX. In a large church, a trustee may oversee several different ministries, including a finance department and janitorial staff. 4. pwa'ri= GS$UgDK($f!9E4dci80~QTIT:7W]1&za)90"Fh)[;:,Ie#9!g@z_A:PldRk The governing board of a church plays a key role in the ministry. Oldest church in Nuremberg. This is called legal personality, and means the charity can own property or enter into contracts in its own name. Dont worry we wont send you spam or share your email address with anyone. 2525. Dont include personal or financial information like your National Insurance number or credit card details. At the charge conference, on recommendation by the committee on nominations and leadership development or from the floor, it shall elect, to take office at the beginning of the ensuing calendar year or at such other times as the charge or church conference may set, to serve for a term of three years or until their successors have been duly elected and qualified, the required number of trustees to succeed those of the class whose terms then expire; provided, however, that nothing herein shall be construed to prevent the election of a trustee to self-succession.8 The charge conference may assign the responsibility for electing trustees to a church conference. Follow your own rules. 2533. If more than one account is maintained in the name of the corporation in any financial institution or institutions, each such account and the treasurer thereof shall be appropriately designated. This is particularly important if the charity (or its property) may be at risk, or if they could act in breach of their duties, for example, when: Some larger charities employ their own professional advisers; most charities are more likely to obtain advice externally. It is important to be aware of the laws that apply to your charity, for example if it: The Commission doesnt expect every trustee to be a legal expert. Helping United Methodist Churches Keep Better Records. The Pastor leads the Ministry. Consideraciones a tomar en cuenta al celebrar la conferencia del cargo durante la COVID-19. Some charities still work effectively by providing goods (such as food or medical equipment). Effective trustees will function as Christian stewards of property God has entrusted to the congregation. See Judicial Council Decisions 866, 1142. Preface to Board Rules. You should take reasonable steps to find out about legal requirements, for example by reading relevant guidance or taking appropriate advice when you need to. All registered charities must also provide information annually to the Commission. Legal matters pertaining to the church organization may fall under the duties of the church trustee board. Charity law generally protects trustees who have acted honestly and reasonably. They receive and count money and work with the treasurer, who deposits the money. The rules vary according to your charitys size and structure. Local Church Board of Trustees' Qualifications-In each pastoral charge consisting of one local church, there shall be a board of trustees, consisting of not fewer than three nor more than nine persons, and it is recommended that at least one-third be laywomen and that at least one-third be laymen. Actions and decisions could be invalid and have to be reversed as a result. Where there is concern about a specific issue, the trustees may wish to consider taking independent advice from a suitably qualified person. They help develop new ministries and outreach programs, handle feedback and concerns for congregation members and work to promote church fundraisers and new classes or programs. Rule #5: Avoid Conflicts of Interest. 2 0 obj %PDF-1.4 But the Trustee does not benefit from their legal ownership. If your charity has senior managers typically carrying out chief executive or finance director roles you and your co-trustees should ensure that you have procedures in place to check if they are disqualified by law from acting in that role. Trustees should show genuine interest in responding to the hopes and concerns of people in the community and show willingness to partner with community interests. 4 0 obj This is to make sure that the charity receives the full amount due to it. All Rights Reserved, The Book of Discipline of The United Methodist Church -- 2016. This team and individual trustees need to engage in spiritual practices that build attentiveness to Gods will and direction. xy`T?~sg_d2 @DrYJd_Lh]" Trustees also work to maintain the church buildings and property. In short, they do anything and everything the church needs. endobj See section 6 of this guidance for more detail. In the worst cases this can harm the charitys reputation, alienate supporters, put charity assets at risk (including by loss of funding) or ultimately leave the charity unable to function. One or two trustees are often given treasurer or accountant duties, and it is their job to prepare regular financial reports about the state of the church. A charity is any organisation set up under the law of England and Wales for solely charitable purposes. Trustees should recognise and acknowledge when they need advice. This person should consult regularly with the pastor about property matters. PPi:nK! Charities need to use a trading subsidiary if they carry out commercial (non-charitable) trading which exceeds the threshold for paying income or corporation tax, or involves significant risk. No pastor is a voting member of the board of trustees unless elected as a member. The Chicago Tribune recently reported that the Evangelical Council for Financial Accountability ousted a Chicago megachurch from its membership because the church's board failed to exercise appropriate control and oversight of the church's finances, resulting in over a million dollars being spent inappropriately. Fiduciary obligations arise regardless of whether an individual is paid for their work. The Charities Act is the Charities Act 2011. Many charities have decided that they can meet current needs more effectively with cash payments or vouchers, and have updated their objects. Please confirm that you want to receive email from us. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 hJ,Ywg !(d:gdXx :\y!32MAb1_& 16X!,u nTkXnK+2c?"E[ ud \z#v+ j!)"rt) U\21ZRI8h]whZ5*?Id^;:EC^ 6sI u)j,Tt:R:}1\SmSRBd)`V%5z |o^2s R=bn`Hs/ YtF^:M2gLWd 13 0 obj The charity regulators in Scotland and Northern Ireland have their own guidance for trustees. The charity may have specific powers in its governing document. If it doesn't meet all three of those criteria, then don't. RULE 8. This is sometimes called the duty of prudence. Copyright 2011-2023 Got Questions Ministries - All Rights Reserved. In deciding how to deal with a conflict of interest, trustees should be mindful of what feels right, and also how others might view the trustees actions. 4. Charities that want to claim UK tax reliefs and exemptions (eg Gift Aid) must meet the management condition in the Finance Act 2010. The trustees shall be of legal age as determined by law, and at least two-thirds shall be professing members of The United Methodist Church (see 258.1, .3; 2530). Most problems in charities can be resolved by the trustees themselves, sometimes with some advice. HOPE. o Provide advice and direction to the Board of Trustees and others based on detailed knowledge of the disciplinary and legal requirements related to church property. When a pastor and/or a board of trustees are asked to grant permission to an outside organization to use church facilities, permission can be granted only when such use is consistent with the Social Principles ( 160-166) and ecumenical objectives. Forming a Nonprofit to Serve California Veterans. if9DZ^s3`ejjat.h!Jtx;9B6iVV5a|*Pe $-FH$c r6^o,K`R 9f]kmEy_NWO},jFCaoGo CT"#TI>Zw6KXM&Tt8C.rY1UkqDZSMg3`dz9VAZ1K-,d, bWk8.&!kIx_ Tthk. Governing documents are legal documents. endobj This means you should: You should read the objects clause in your charitys governing document and ensure you understand: The objects might be quite broad and general, or they might be quite narrow, specifying what services or activities the charity can provide in order to achieve its purposes. Evaluate what action to take (eg avoid it, transfer it, insure against it, accept it). You should receive timely information in a format that you can understand and use, and if necessary ask for explanations, training or a different presentation. Handling cash brings increased risk, so try to avoid cash payments wherever possible. Subscribe to the CompellingTruth.org Newsletter: A church trustee usually refers to a church volunteer who oversees physical aspects of a church such as finance, property, and buildings. You should also: You must make sure you are allowed to be a trustee: You must be at least 16 years old to be a trustee of a charitable company or a charitable incorporated organisation (CIO), unless the charitys governing document says you must be older. You also have an important role in promoting effective working relationships between trustees, senior staff (if any), staff and volunteers. RULE 7. Anyone who joins a California churchs board of directors should take the time to understand the fiduciary responsibilities that come with the position. The trustees of every religious corporation shall have the custody and control of all the temporalities and property, real and personal, belonging to the corporation and of the revenues therefrom, and shall administer the same in accordance with the discipline, rules and usages of the corporation and of the ecclesiastical governing body, if any, Useful knowledge and skills for this position are knowledge of property and asset management, ability to listen to and communicate with people of all ages and the ability to work with other ministry leaders. . You have rejected additional cookies. stream Were available at (949) 689-0437 or reach out to us through our contact page. Observe the agenda and avoid tangential discussions. Transactions involving conflicts of interest can also result in fiscal penalties. As a trustee, you accept a fiduciary role with respect to the beneficiaries of the trust that you manage. Most exempt charities have a different charity regulator (or principal regulator). Trustees may be responsible for maintaining buildings and facilities, tracking the church's equipment and investments, keeping insurance policies up to date, and managing funds. A community benefit society is an incorporated legal form in which charities can be set up. You can, however, reclaim reasonable expenses that you incur such as travel and childcare - being a trustee shouldnt mean being out of pocket. A suitably qualified person or adviser is someone who the trustees could reasonably expect to be competent to advise them about a particular matter. Copyright 2016 by The United Methodist Publishing House. Trustees must have regard to the Commissions public benefit guidance PB1, PB2 and PB3 when making decisions they are relevant to. Read more about governing documents and charity purposes and rules. Ultimately, you may feel that you have to resign in order to distance yourself from the decision. When you and your co-trustees make decisions about your charity, you must: You should record how you made more significant decisions in case you need to review or explain them in the future. In a large church, a trustee may oversee several different ministries, including a finance department and janitorial staff. Trustees They shall guard, for the connection, all real estate, church, parsonage, and any other property obtain by the local church. Trustees have overall control of a charity and are responsible for making sure it's doing what it was set up to do. Learn more about Mailchimp's privacy practices here. The Commission can use its powers to appoint or remove trustees if the charitys trustees (or members, if applicable) are unable to do so. If you have questions about your fiduciary obligations as a member of a church board please give us a call to discuss your situation. The trustee manages the trust's assets, a significant responsibility. You will work closely with the church council to respond to God's call. The trustees together have several legal and administrative functions. Use one of the Commissions model governing documents or an approved governing document, to ensure that your governing document has all the provisions and powers you need. An exempt charity is exempt from registration and direct regulation by the Commission. ''V\[~XY[T}x=d/zM`*H%lc1YyH(-G\zVwN%uh\tNG2Q8=\ These principles will help you and your co-trustees to carry out their legal duties and manage the risks to the charitys assets and services. ]$Lqfh;@@9zpH&'u>GFi#(1x-W}q+RmafMTfc&NUZECOUf$hE25f8Ekf>x2Z(GAkll !9#Cx6EEsh^ ?$ibW3HvDDqp Some of these obligations are moral and ethical in nature, but some also have a legal character. As part of the church trustee job description, the official has the authority to approve payment of the church's bills and expenses. Rule #3: Act with a Duty of Loyalty. Board of Trustees' Powers and Limitations-1. << /Length 5 0 R /Filter /FlateDecode >> They are to: oversee, maintain, and supervise all local church property; report annually to the charge conference on the state of the churchs property, equipment, investments, and resources; receive and administer all gifts made to the congregation; make certain that all trust funds of the congregation are invested properly; ensure that the articles of incorporation of the congregation are kept up to date, if applicable; be responsible, in conjunction with the pastor, for all use of the church buildings and grounds; maintain adequate insurance coverage on all church property and develop appropriate risk management policies; submit to the committee on finance the annual budget requests for insurance, property maintenance and improvement, and new property purchases; be accountable to the charge conference and to the church council. Trustees can be held individually responsible for breaches of fiduciary standards within a charity. The board of trustees shall conduct or cause to be conducted an annual accessibility audit of their buildings, grounds, and facilities to discover and identify what physical, architectural, and communication barriers exist that impede the full participation of people with disabilities and shall make plans and determine priorities for the When you become a trustee, you usually volunteer your services and receive no payment for your work. Changes over time may mean that there are no longer enough people who need the charitys services in that place. The position of deacon is an important . The charity can raise money from trade without exposing its assets to risk or being liable for income or corporation tax. If you are a member of that body, you are automatically a charity trustee. Types of Church Trustees. This guidance explains the key duties of all trustees of charities in England and Wales, and what trustees need to do to carry out these duties competently. You will work closely with the church Council to respond to Gods call. An unincorporated charity doesnt have legal personality, so cant hold property or enter into contracts in its own name. % [7A\SwBOK/X/_Q>QG[ `Aaac#*Z;8cq>[&IIMST`kh&45YYF9=X_,,S-,Y)YXmk]c}jc-v};]N"&1=xtv(}'{'IY) -rqr.d._xpUZMvm=+KG^WWbj>:>>>v}/avO8 This section explains some legal and technical terms used in this guidance. As a trustee, you have certain responsibilities. Make all improvements upon property or real estate when authorized to do so by the majority of the legal members of the church. Responsibilities - Act as legal agents or representatives as directed by the church, signing all legal documents involving the purchase, sale, mortgaging and rental church property, only upon direction by the church. Stand before the monumental western faade of St. Lorenz Church (Sankt Lorenz Kirche) and you'll be amazed by its intricate brickwork and towering dual spires. Most charities get their funds through one or more of the following methods: In practice, its best to avoid relying on a single source of income. Reasons for disqualification include if you: You can read the automatic disqualification guidance for charities in more detail. Where conflicts of interest have not been identified or properly dealt with, it can have negative impacts on both the charity and individual trustees including financial cost and reputational damage. We also use cookies set by other sites to help us deliver content from their services. Who can be a trustee and how trustees are appointed, Ensure your charity is carrying out its purposes for the public benefit, Comply with your charitys governing document and the law, Manage your charitys resources responsibly, Your charitys legal structure and what it means, Charity officers - the chair and treasurer, Find out about the Energy Bills Support Scheme, nationalarchives.gov.uk/doc/open-government-licence/version/3, automatic disqualification guidance for charities, legal powers to remove and appoint trustees, whether your charity needs to register or is exempt or excepted, accounting and reporting requirements for charities, collaborating or merging with another charity, Find out whether you need permission, and how to apply, buying, selling, leasing or mortgaging charity property, Tackling abuse and mismanagement in charities, The Official Custodian for Charities land holding service, Apply to transfer land or property to the Official Custodian, A Chairs Compass - A guide for chairs of charities and non-profit organisations, Take appropriate advice when you need to, for example when buying or selling land, or investing (in some cases this is a legal requirement), Co-operative and Community Benefit Societies Act, a charity that is not required by law to register, a charity that is required to register, but has not yet done so, must means something is a legal or regulatory requirement or duty that trustees must comply with, should means something is good practice that the Commission expects trustees to follow and apply to their charity, being bankrupt (undischarged) or having an individual voluntary arrangement (IVA), having an unspent conviction for certain offences (including any that involve dishonesty or deception), ensure you understand the charitys purposes as set out in its governing document, plan what your charity will do, and what you want it to achieve, be able to explain how all of the charitys activities are intended to further or support its purposes, understand how the charity benefits the public by carrying out its purposes, make sure that the charity complies with its governing document, comply with charity law requirements and other laws that apply to your charity, do what you and your co-trustees (and no one else) decide will best enable the charity to carry out its purposes, with your co-trustees, make balanced and adequately informed decisions, thinking about the long term as well as the short term, avoid putting yourself in a position where your duty to your charity conflicts with your 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 charitys interests; this also includes anyone who is financially connected to you, such as a partner, dependent child or business partner, make sure the charitys assets are only used to support or carry out its purposes, avoid exposing the charitys assets, beneficiaries or reputation to undue risk, take special care when investing or borrowing, comply with any restrictions on spending funds or selling land, must use reasonable care and skill, making use of your skills and experience and taking appropriate advice when necessary, should give enough time, thought and energy to your role, for example by preparing for, attending and actively participating in all trustees meetings, be able to demonstrate that your charity is complying with the law, well run and effective, ensure appropriate accountability to members, if your charity has a membership separate from the trustees, ensure accountability within the charity, particularly where you delegate responsibility for particular tasks or decisions to staff or volunteers, there are some restrictions on who can be a trustee there are minimum age limits and some factors that automatically disqualify people from being trustees, you must be properly appointed, and should know how long your appointment lasts, if you are not properly appointed, the trustees decisions or actions may be invalid, potentially creating disputes or putting charity assets at risk, if you are a trustee of a charity that provides regulated activities for children or adults, be prepared for your charity to request a DBS check on you, have an unspent conviction for an offence involving dishonesty or deception (such as fraud), are an undischarged bankrupt (or subject to sequestration in Scotland), or have a current composition or arrangement including an individual voluntary arrangement (IVA) with your creditors, have been removed as a trustee of any charity by the Commission (or the court) because of misconduct or mismanagement, when, and how, new trustees are appointed, who can be a trustee - the governing document may impose conditions, how long appointments last and whether a trustee can be re-appointed, companies must comply with company law provisions for appointing and removing directors, unincorporated charities must comply with Trustee Act 1925 provisions, the skills and experience the current trustees have, and whether there are any gaps, ensuring new trustees are eligible to act, how to help new trustees to understand their responsibilities and the charitys work, some or all of the trustees to be elected by the members (this is usual practice for charities with voting members other than the trustees), the trustee body to include beneficiaries, other groups or organisations, such as local authorities, to appoint trustees, what the charity is set up to achieve (its purposes), who the charity is there to benefit (its beneficiaries), how they will benefit (what the charity will do for or with them), any order of priority to the services and benefits the charity provides, any restrictions on what the charity can do or who it can help (geographical or other boundaries; or specific criteria that beneficiaries must meet), charitable status - to be a charity an organisation must have only charitable purposes for the public benefit, a charitys operation - its activities must all be focussed on carrying out the charitys purposes for the public benefit, a charitys accountability - trustees must be able to explain how their charitys activities are or have been for the public benefit, what the charity is set up to achieve - its purpose, why the charitys purpose is beneficial - this is the benefit aspect of public benefit, how the charitys purpose benefits the public or a sufficient section of the public - this is the public aspect of public benefit, how the charity will carry out (or further) its purpose for the public benefit, the charitys beneficiary group still exists, and is still a , the geographical area of benefit in which the charity can operate is still relevant, the need that the charity was set up to meet still exists, and meeting it is still for the public benefit, there may be better ways of meeting the need for which the charity was set up, what the charity exists to do (its purposes, as explained in its objects clause), what powers it has to further its objects, who the trustees are, how many trustees there should be and how they are appointed and removed, whether the charity has members and, if so, who can be a member, rules about trustees (and members) meetings; how they are arranged and conducted; how decisions must be made and recorded, and so on, very small (below the annual income threshold for compulsory registration, currently 5,000) and not a CIO (all CIOs must register), must inform the Commission of any changes to the information on the register of charities, including trustee details and changes to the governing document, must send an annual return (or annual update) and other information to the Commission, must comply with any additional accounting and reporting requirements such as filing annual accounts and reports with the Commission, depending on the size of the charity, should report to the Commission any serious incident in their charity, as soon as possible after it occurs (see, is a company, CIO or community benefit society, legal, financial or other regulated advice, undertakes activities that are subject to regulations, such as fundraising, wants to benefit from Gift Aid or other tax reliefs, works in Scotland, Northern Ireland or outside the UK, the personal interests of members or beneficiaries, the personal interests of supporters, funders or donors, the charity as an institution in itself, or preserving it for its own sake, act in good faith, and only in the interests of your charity, make sure you are sufficiently informed, taking any advice you need, take account of all relevant factors you are aware of, deal with conflicts of interest and loyalty, make decisions that are within the range of decisions that a reasonable trustee body could make in the circumstances, receive payment from the charity for goods or services, or as an employee, make a loan to or receive a loan from the charity, own a business that enters into a contract with the charity, enter into some other financial transaction with the charity, should identify, and must declare conflicts of interest (or loyalty), must prevent the conflict of interest (or loyalty) from affecting the decision, should record the conflict of interest (or loyalty) and how it was dealt with, supplying goods or services to the charity eg building work or specialist services, even if the trustee offers better value or expertise than other suppliers, being employed by the charity or by a trading subsidiary owned by the charity, receiving material benefits as a beneficiary of the charity, being paid to act as a trustee; this is very unusual and only permitted in exceptional circumstances, entering into a property transaction (or any other financial transaction such as a loan) with the charity - this is called self-dealing, the benefit is specifically authorised by the governing document, the Charities Act (or other relevant legislation), the Commission or the courts; any specified procedures must be strictly followed, even if the benefit is authorised, the non-conflicted trustees are satisfied that allowing it is in the charitys best interests, the conflict of interest is managed; so in most cases the conflicted trustee(s) cant be involved in the decision and only a minority of trustees can benefit.

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