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

Mon Apr 20 21:54:31 UTC 2015

@Helen: Staff have have an hour long discussion with Pavel.

@all: To clarify Karin's point: employment is  UK only , but we have
contractors both in the UK and globally.

Regards
Fiona

On 20 April 2015 at 22:16, Helen Turvey <
helen.turvey at shuttleworthfoundation.org> wrote:

> +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 Pollock*
>>>
>>> *Founder and President | skype: rufuspollock | @rufuspollock
>>> <https://twitter.com/rufuspollock>*
>>>
>>> *Open Knowledge <http://okfn.org/> - s*ee how data can change the world
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>>>
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