[foundation-board] [TIME-CRITICAL] Options re Near-Term Structure of Engagement of the ED / CEO

Helen Turvey helen.turvey at shuttleworthfoundation.org
Mon Apr 20 21:16:34 UTC 2015 

+1.

Question: have the staff/smt met him? 

On 20 April 2015 21:53:29 BST, paula le dieu <paula at ledieu.org> wrote:
>Thanks Rufus.
>
>I don't share the concerns regarding option 2. If that ensures that
>Pavel
>is able to devote time and energy to the new role rather than worried
>about
>his families healthcare then it sounds like a good option. The optics
>are
>all very easily explained by the situation.
>
>Either way, go ahead.
>
>Regards
>Paula
>
>On 20 April 2015 at 19:08, Rufus Pollock <rufus.pollock at okfn.org>
>wrote:
>
>> Hi All,
>>
>> Exec summary: Karin (and I) are requesting approval from the board to
>> proceed with either of 2 options for the engagement of the ED
>candidate
>> (depending on what we (OK) can agree with him). Option 1 involves him
>> signing now to be a UK employee from the 1st June and being a
>contractor
>> until then. Option 2 involves him signing an agreement now to be a UK
>> employee from 1st September and a contractor (full time from 1st
>June)
>> until then. In both cases he would be announced as our CEO as soon as
>> possible. If we hear nothing in the next 18h we will assume we are
>good
>> to proceed.
>>
>> Following the selection of Pavel Richter for the ED / CEO role, Karin
>with
>> support from myself has been leading on the negotiation with Pavel
>over the
>> last 4 weeks. This has proved a slightly more drawn out process than
>> anticipated because of issues around location. Here are the key
>points:
>>
>>
>>    -
>>
>>    Pavel is based in Berlin at present (and his partner works there
>too)
>>    -
>>
>>    There are reasons why Pavel should be in the UK:
>>    -
>>
>>       We only support UK based employment and our CEO should be
>employed
>>       -
>>
>>       [Not actually relevant but originally considered so] If UK is
>our
>>       central hub our CEO would need to be here. However, there is
>uncertainty
>>       about where - if anywhere - we will have our physical “Hubs” so
>this point
>>       can be left for the present (though we would aim to look to
>look into this
>>       as it may intersect with employment location question)
>>       -
>>
>>    We want to get him on board as soon as possible
>>
>>
>> Since it is a significant - and potentially costly - matter for Pavel
>to
>> relocate immediately (given family etc) it seems sensible to allow
>for some
>> deferral a) to allow for the “Hubs” question to be addresses b) so
>that if
>> he does relocate it can be done in the most efficient way for him,
>his
>> family and us.
>>
>> Based on discussions so far the 2 options on the table are:
>>
>>
>>    -
>>
>>    Option 1: he signs UK employment starting 1st june and is a
>contractor
>>    from now until then (1st June because he has other engagements to
>wrap up
>>    before he can be full time)
>>    -
>>
>>       We waive current clause in our contract about no more than 1m
>>       outside the UK and leave to him how much time he spends in UK
>in the
>>       initial 3-4m .
>>       -
>>
>>       What’s the issue: Pavel is concerned that because he may not be
>>       working in the UK or residing in the UK, even if he pays
>national insurance
>>       there could be an issue with getting health treatment in
>Germany during
>>       this initial period in case of a medical emergency. He could
>try to pay
>>       health-care in Germany but that would possibly raise flags and
>he/we would
>>       then be paying in 2 places at once. There is also a - minor
>issue - for us
>>       that depending on where pavel actually spends his time for
>these few months
>>       we may pay social security in the wrong country.
>>       -
>>
>>    Option 2: he signs now UK employment starting 1st september and is
>>    contractor until then (full-time from 1st June and part-time
>before that).
>>    -
>>
>>       The concern: it would be normal for the CEO to be a full-time
>>       employee and not a contractor.
>>       -
>>
>>       How does it look to staff (if they found out), funders and so
>on.
>>
>>
>> Rufus and Fiona’s preference in order from this set is:
>>
>>
>>    -
>>
>>    option 1 with Pavel funding and managing health-care and social
>>    security questions
>>    -
>>
>>    option 2
>>    -
>>
>>    option 1 with OK funding additional monies and complexity (and
>further
>>    delay in signing).
>>
>>
>> Pavel prefers option 2 and thinks it is not an issue being CEO and
>> initially being a contractor: this can be presented - and honestly -
>as a
>> transitional setup as we resolve location, and we can always seek to
>grant
>> him signing rights if needed. I tend to agree but I am not an expert.
>It is
>> also the case that option 2 saves some money and (very minor) legal
>risk.
>>
>> What is being asked of the Board: are you happy with either option as
>a
>> form of engagement - and therefore can Karin and I proceed in closing
>on
>> one of these (in the next day or so).
>>
>> I note that I met with Pavel and went through these options with him.
>He
>> has a strong preference on Option 2 (he is quite concerned about how
>to
>> sort out the health insurance question easily and appropriately).
>However,
>> if Option 1 were the only option I think it would be possible (though
>> possibly involving some additional expenditure and some additional
>> discussion with him).
>>
>> Regards,
>>
>> Rufus
>> --
>>
>> *Rufus PollockFounder and President | skype: rufuspollock |
>@rufuspollock
>> <https://twitter.com/rufuspollock>Open Knowledge <http://okfn.org/> -
>see
>> how data can change the world**http://okfn.org/ <http://okfn.org/> |
>> @okfn <http://twitter.com/OKFN> | Open Knowledge on Facebook
>> <https://www.facebook.com/OKFNetwork> |  Blog
><http://blog.okfn.org/>*
>>
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