Question

I have received a call from someone who is involved in organising a national raffle in Ireland to raise money for charity. The raffle is being organised by a third party, but employees of the charity may well sell tickets. The raffle will be drawn by the third party. Do you know if employees should be able to buy tickets themselves? I know that trustees should not buy tickets because they should not receive a benefit from the charity (which they would if they won), but is there a similar situation for charity employees?  Any advice you can provide would be greatly appreciated.Thanks, Richard

Comments

Eva's picture

The legal fact:Well, raffles

The legal fact:
Well, raffles where people pay for entry as in this case are governed by the 1956 lotteries act (and subsequent amendments).
http://www.irishstatutebook.ie/1956/en/act/pub/0002/index.html#zza2y1956
 

Analysis of the situation:
Typically with competitions and lotteries and the like, employees of the body running the lottery cannot take part - it tends to state that in the published rules for any given lottery.  So, if CharityFundraisingGames Inc are running it, their employees can't take part.  The employees of TheOtherCharity are separate.  Now, if TheOtherCharity have actually contracted CharityFundraisingGames Inc to run it on their behalf, then the employees (and trustees) of TheOtherCharity would be ineligible to participate.
 

As for trustees not profiting from being trustees, that's fine.  But, again, if the lottery is being run by an entirely separate body, then even if a trustee wins they are profiting from the separate body in their capacity as a private citizen.  Therefore it is nothing to do with their own charity.

The real issue may be one of public perception: you may be legally entitled to participate, but for openness, transparency and accountability reasons, it may be preferable just to write a ban in the rules of the lottery to stop participation of trustees and employees.

Regards,

Eva