[foundation-board] Omidyar Grant Agreement
Jane Silber
jane.silber at canonical.com
Thu Oct 9 10:16:33 UTC 2014
Thanks for trying. It sounds like getting that wording changed isn't
going to happen.
To Laura's point, Jay needs to approve any disbursements from the $75K
ahead of time, so I think we could try to use that money for those
purposed without a contract change.
I think the best path forward at this point is to sign (assuming there
are no other issues), proceed with the ED search focused on getting the
best candidate. If/when there is unspent money from the $75K, we could
put forward a proposal to Omidyar on how that money could be effectively
used on another search, if that's what is highest on the org dev list.
Since they have to approve spending that money anyway, it could
potentially be done without a contract change but even if there is a
contract change that would be a one-page amendment.
Jane
On 09/10/14 10:19, Laura James wrote:
> If we aren't able to use the full fund on an exec search firm, the
> other option would be to see if we could allocate any underspent funds
> to things like relocation, or other hiring costs.
>
> Laura
>
> On 9 October 2014 10:01, Rufus Pollock <rufus.pollock at okfn.org
> <mailto:rufus.pollock at okfn.org>> wrote:
>
> Just an update: Omidyar basically said no:
>
> <quote>
> We’ve discussed this as a team and would like to maintain the
> original wording. Although we recognise that the senior management
> review may uncover additional human resource needs, we would like
> to maintain the focus of this particular executive search support
> on finding a single high-quality executive, rather than diluting
> the search resources. If you or the board feel strongly that this
> is not the right way forward, it might be best you discuss with
> Penny directly (now copied).
> </quote>
>
> At this point I think we want to move forward and get the
> agreement signed without delay (we can always try and discuss this
> further if the need arises - I agree it is annoying to not be able
> to use the money and gives us a perverse incentive ...)
>
> Rufus
>
> On 6 October 2014 11:32, Laura James <laura.james at okfn.org
> <mailto:laura.james at okfn.org>> wrote:
>
> That sounds good, Rufus, although I'm not sure I'd include the
> bit in brackets as it doesn't add much.
>
> (I'd note we already have "an operations person", and that a
> part time accountant / grant manager is definitely something I
> am evaluating at present and may look to get an interim in
> asap. For those on the board who are not aware, Michelle
> Heydon has been taken ill and I am covering for her at
> present. We have had a need for grant management for some time
> - the Development Director role was originally intended to
> include this but that did not work out, and we have not been
> able to find funds for an additional role like this thus far.
> However with Michelle out of action at a busy time this is the
> key gap where coverage is most needed, and as I think about
> interim solutions of course I will evaluate longer term
> potential too.)
>
> Laura
>
> On 6 October 2014 11:18, Rufus Pollock <rufus.pollock at okfn.org
> <mailto:rufus.pollock at okfn.org>> wrote:
>
> @Jane / Laura (and anyone else): they have come back with
> a clarification:
>
> "1. Can you explain the reasoning for changing the
> language? Are you now considering recruiting several
> senior people?"
>
> For context I wrote to say:
>
> <quote>
> 1. [Board] suggested a small modification in the
> conditions on item in Exhibit B #3 from:
>
> " Grantee shall hire a recruiting firm to lead the senior
> executive search, to the satisfaction of the Grantor.
> Supporting documentation must be provided no later than 31
> August 2015."
>
> To be modified to:
>
> "Grantee shall hire a recruiting firm to lead searches for
> required senior roles, with the pre-agreement of and to
> the satisfaction of the Grantor. Supporting documentation
> must be provided no later than 31 August 2015."
> </quote>
>
> I suggest we write back and say:
>
> "I believe that is correct in that the Board had thought
> that given that we will be reviewing the senior leadership
> it could be possible that we end up seeking to locate 2
> roles rather than one (e.g. you might have a part-time
> finance director or an operations person as well as an ED)
> and if this still fitted within the allocated budget it
> would seem to sensible to do."
>
> Any thoughts?
>
> Rufus
>
>
>
> On 3 October 2014 15:20, Laura James <laura.james at okfn.org
> <mailto:laura.james at okfn.org>> wrote:
>
> Jane's suggestion seems sound.
>
> As an aside, we have a requirement for "review of
> leadership roles" in the grant agreement - that might
> be something worth checking with Andrew, Rufus, if you
> haven't already, just to make sure we know what they
> are expecting there; it seems potentially to link with
> Jane's suggestion (in a positive way).
>
> Laura
>
> On 3 October 2014 15:15, Jane Silber
> <jane.silber at canonical.com
> <mailto:jane.silber at canonical.com>> wrote:
>
> On 03/10/14 15:05, Rufus Pollock wrote:
>>
>>
>>
>> On a new point, can you share the language
>> around the $75K for executive search? I'm
>> asking because I believe we will spend less
>> than that. I'd like to see if we can get
>> access to the remaining funds for something
>> else. For example, it could be used to pay a
>> search firm for a new Technical Director, or
>> A Business Development Executive, or a
>> Finance Director, or any other senior role
>> that may be needed in the next year or so.
>> Or it could be used to facilitate further org
>> development. The language in the grant may
>> allow for this already, or this may be a
>> place in which we want to negotiate some
>> additional language.
>>
>>
>> I'm pretty certain this 75k is earmarked for exec
>> search and can't be used for anything else
>> (though I note it is not clear if just one
>> person). I can try and clarify further here.
>
> The relevant language seems to be in Exhibit B,
> which says
>
> " Grantee shall hire a recruiting firm to lead the
> senior executive search, to the satisfaction of
> the Grantor. Supporting documentation must be
> provided no later than 31 August 2015."
>
> It would be great if we could modify that to read
>
> " Grantee shall hire a recruiting firm to lead
> searches for required senior roles, with the
> pre-agreement of and to the satisfaction of the
> Grantor. Supporting documentation must be provided
> no later than 31 August 2015."
>
> That would leave leeway to use recruiters for
> additional searches, still time limit it, and
> still let ON approve ahead of time. Advantage to
> us is that it doesn't throw away unspent money.
>
> Jane
>
>
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> **Open Knowledge <http://okfn.org/>- s**ee how data can
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> The Open Knowledge Foundation is a not-for-profit
> organisation. It is incorporated in England & Wales as a
> company limited by guarantee, with company number
> 05133759. VAT Registration № GB 984404989. Registered
> office address: Open Knowledge Foundation, St John’s
> Innovation Centre, Cowley Road, Cambridge, CB4 0WS, UK.
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> --
> *
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> *
> *
>
> *Dr Laura James*
>
> *CEO *
>
> *
> *
>
> *
>
> **skype: laura.james | **@LaurieJ <http://twitter.com/LaurieJ>
>
> *
>
> *
> *
>
> Open Knowledge <http://okfn.org/> - A world where
> knowledge creates power for the many, not the few
>
> http://okfn.org/ | @okfn <http://twitter.com/OKFN> |
> Facebook <https://www.facebook.com/OKFNetwork> | Blog
> <http://blog.okfn.org/> <http://okfn.org/about/newsletter>
>
>
> Open Knowledge Community Stories
> | http://okfncommunity.tumblr.com/|see how people are changing
> the world
>
>
> The Open Knowledge Foundation is a not-for-profit
> organisation. It is incorporated in England & Wales as a
> company limited by guarantee, with company number 05133759.
> VAT Registration № GB 984404989. Registered office address:
> Open Knowledge Foundation, St John’s Innovation Centre, Cowley
> Road, Cambridge, CB4 0WS, UK.
>
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> **Rufus Pollock**
>
> **Founder and President | skype: rufuspollock | @rufuspollock
> <https://twitter.com/rufuspollock>**
>
> **Open Knowledge <http://okfn.org/>- s**ee how data can change the
> world
>
> ****http://okfn.org/| @okfn <http://twitter.com/OKFN>| Open
> Knowledge on Facebook <https://www.facebook.com/OKFNetwork>| Blog
> <http://blog.okfn.org/>***
> _
> _
>
> The Open Knowledge Foundation is a not-for-profit organisation.
> It is incorporated in England & Wales as a company limited by
> guarantee, with company number 05133759. VAT Registration № GB
> 984404989. Registered office address: Open Knowledge Foundation,
> St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, UK.
>
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>
> --
> *
>
> *
> *
>
> *Dr Laura James*
>
> *CEO *
>
> *
> *
>
> *
>
> **skype: laura.james | **@LaurieJ <http://twitter.com/LaurieJ>
>
> *
>
> *
> *
>
> Open Knowledge <http://okfn.org/> - A world where knowledge
> creates power for the many, not the few
>
> http://okfn.org/ | @okfn <http://twitter.com/OKFN> | Facebook
> <https://www.facebook.com/OKFNetwork> | Blog
> <http://blog.okfn.org/> <http://okfn.org/about/newsletter>
>
>
> Open Knowledge Community Stories
> | http://okfncommunity.tumblr.com/|see how people are changing the world
>
>
> The Open Knowledge Foundation is a not-for-profit organisation. It is
> incorporated in England & Wales as a company limited by guarantee,
> with company number 05133759. VAT Registration № GB 984404989.
> Registered office address: Open Knowledge Foundation, St John’s
> Innovation Centre, Cowley Road, Cambridge, CB4 0WS, UK.
>
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--
Jane Silber | CEO | Canonical
Dir: +44 (0)20 7630 2472 | Mob: +44 (0)7899 891 943
www.canonical.com | www.ubuntu.com
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