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Chapter 1: General Provisions
Article 1 Tainan Museum of Fine Arts (hereinafter “the Museum”) is established for the purpose of conducting the collection and study of Taiwan’s modern and contemporary artworks and the extension of art education, so as to uplift the level of art and culture in Tainan City and raise the city’s competitiveness.
ThisSelf-Government Ordinance has been formulated to specify the operations management of the Museum.
Article 2 The Museum is an administrative corporation, and its Supervisory Authority is Tainan City Government.
Article 3 The Museum’s scope of operations is as follows:
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Operating and managing the Museum.
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Planning and executing art study, collection, exhibition, education extension, public services, resource integration, public marketing, and publishing.
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Training art related talent.
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Conducting international cultural cooperation and exchanges.
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Other matters related to the Museum.
Article 4 Funding of the Museum comes from the following sources:
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Government appropriations and donations (subsidies).
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Income from commissioned research and the provision of services.
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Donations from domestic and foreign public and private institutions, organizations and individuals.
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Income from operation and products.
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Other income.
Government subsidies as referred to in the the first subparagraph of the preceding paragraph includepersonnel funds, annual plan funds, collection funds, marketing promotion funds, funds for maintaining and purchasingimportant facilities of buildings and fixed installations, and funds needed for other special maintenance projects.
Donations as referred to in the third subparagraph of the first paragraph shall be regarded as equivalent to donations of the government.
The Museum may use an exclusive account for self-planning management of its self-raised income. But related projects shall be included in the annual plan and annual budget.
Article 5 The Museum shall establish articles of organization and by-lawsgoverning personnel management, the accounting system, internal controls, auditing procedures, and other matters, and after these have been approved by the board of directors, shall submit them to the Supervisory Authority for reference filing.
The Museum may formulate regulations pertaining to its undertaking of public affairs, provided that such regulations do not conflict with any related laws or regulatory ordinances, and after the regulations have been approved by the board of directors, shall submit them to the SupervisoryAuthority for reference filing.
Chapter 2: Organization and Personnel
Article 6 The Museum shall set up a board of directors and appoint between seven and eleven members, selected and appointed by the Supervisory Authority from the persons listed below; the same shall apply when a board member is removed from appointment:
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Representatives of related government agencies.
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Experts and scholars in fields related to the visual arts and museums of fine arts.
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Experts and scholars in fields related to cultural policy, administration and education.
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Experts in private enterprise operation and management, or impartial members of society.
Directors as referred to in the first subparagraph of the preceding paragraph shall not exceed three in number.
Article 7 The Museum shall set up a board of supervisors and appoint between three and five members, selected and appointed by the Supervisory Authority from the persons listed below; the same shall apply when a board member is removed from appointment:
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Representatives of related government agencies.
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Persons with relevant knowledge and experience in accounting, auditing, law, management, or other relevant fields.
The supervisors shall select one of themselves to act as managing supervisor.
Article 8 When the Supervisory Authority selects directors and supervisors, it shall give consideration to the representative and balanced nature of the selection.
Members of each gender shall constitute no less than one-third of the total number of directors and supervisors as referred to in the preceding paragraph.
Article 9 Directors and supervisors shall serve for a term of two years, at the end of which they may be reappointed once. The number of members reappointed may not be more than two-thirds and may not be less than one-third of the total number of members.
A director or supervisor representing a government agency shall be replaced by another representative if the original person’s official capacity at the agency changes, and this shall not be subject to the restriction on the number of times of reappointment referred to in the preceding paragraph. If the position of a director or supervisor who has been appointed in accordance with the provisions of Article 6 Paragraph 1 Subparagraphs 2 to 4 or Article 7 Paragraph 1 Subparagraph 2 becomes vacant before he/she has completed his/her term, the Supervisory Authority shall select someone to fill the vacant position, and the term of the person thus selected shall end when the term of the original appointee would have ended.
Article 10 A person to whom any of the circumstances listed below pertains may not be appointed as a director or supervisor:
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Is subject to a declaration of guardianship or assistantship that has not been revoked.
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Has been sentenced in affirmed judgment to a term of imprisonment or more severe penalty, with no suspension of the sentence pronounced.
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Has been declared bankrupt and not yet gained restitution of rights.
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Has been deprived of civil rights and not yet had them restored.
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Has been certified by a public hospital as unable to discharge his/her duties due to physical or mental disability.
A director or supervisor to whom any of the circumstances listed in the preceding paragraph pertains, or who without valid reason fails to attend three successive meetings of the board of directors or board of supervisors, shall be dismissed.
A director or supervisor to whom one of the circumstances listed below pertains may be dismissed:
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There is substantial evidence of his/her having behaved in a disorderly manner or committed misconduct, such as to affect the image of the Museum.
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Has performed work perfunctorily or neglected duties, where the specific facts thereof are serious or the breach of contract is serious.
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For two years in a row, the Museum’s annual performance review has not met the standards set by the Supervisory Authority.
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There is substantial evidence of his/her having violated the Civil Service Administrative Neutrality Act.
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There is substantial evidence of his/her having accepted illegal lobbying or requests for favor for matters under his/her charge, or having used his/her position to accept hospitality or gift, such as to harm public interests or the interests of the Museum.
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There is substantial evidence of his/her having used a museum asset for purposes other than the needs of his/her duties.
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There is substantial evidence of his/her having violated the principles of avoiding conflict of interest as stipulated in this self-government ordinance, or of his/her having violated the prohibition of transactions as specified in the forepart of Article 17 Paragraph 1.
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Other conduct unbefitting of a director or supervisor.
Before dismissing someone pursuant to any subsection of the preceding paragraph, the Supervisory Authority shall give the person concerned opportunity to make a statement and to arguehis/her case.
Regulations governing the method of selecting, dismissing and replacing the Museum’s directors and supervisors, as well as other related matters, shall be decided by the Supervisory Authority.
Article 11 The Museum shall have one chairperson of the board of directors, appointed by the Supervisory Authority from among the directors; and the same shall apply when the chairperson is dismissed.
The chairperson shall be in overall charge of all internal matters of the Museum, and shall represent the Museum externally. If for some reason the chairperson is unable to perform his/her duties, he/she shall delegate a director to perform the duties on his/her behalf; and if he/she is unable to so delegate, the directors shall designate one of themselves to act on his/her behalf.
Article 12 The duties and authority of the board of directors shall be as follows:
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Deliberating on development objectives and plans.
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Raising funds for Museum expenses and allocating subsidies and budgets for public business.
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Checking and approving the Museum’s annual operating policy.
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Deliberating on the Museum’s annual business plan.
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Deliberating on the Museum’s annual budget, final accounts and performance targets.
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Deliberating on the Museum’s by-laws.
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Deliberating on the disposal of the Museum’s own real property or encumbrances attached thereto.
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Deliberating on matters that this Self-Government Ordinance stipulates must be decided by the board of directors.
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Appointing and dismissing the Museum’s curator.
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Deliberating on other important matters.
Article 13 The board of directors shall meet once every three to six months. When necessary, an extraordinary meeting may be convened by the chairperson and chaired thereby.
A board of directors meeting shall be attended by at least half of the directors, and its resolutions shall require approval by at least half of the attending directors. However, the resolutions referred to subparagraphs 1 to 9 of the preceding article shall require approval by more than half of the total number of directors.
Article 14 The duties and authority of the board of supervisors shall be as follows:
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Examining and verifying the annual operating final accounts.
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Supervising the operating and financial situations.
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Auditing financial records, documents and asset information.
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Examining or auditing other important matters.
Supervisors act on their own in exercising their duties and authority, and the managing supervisor shall represent all supervisors in attendance at meetings of the board of directors.
Article 15 Directors and supervisors shall attend meetings of the board of directorsand board of supervisors in person, and may not appoint another person to attend on their behalf. When the managing supervisor is for some reason unable to attend a meeting of the board of directors, he/she may appoint another supervisor to attend on his/her behalf.
Article 16 Directors and supervisors shall comply with the principle of avoiding conflict of interest, and may not exploit powers, opportunities or means connected with their duties to contrive to gain benefit for themselves or related persons. The scope of conflict of interests to be avoided and how to deal with it when a violation occurs shall be decided by the Supervisory Authority.
There shall not be any spousal relationship or any relationship of blood or marriage within the third degree between a director and a supervisor.
For the purposes of this Self-Government Ordinance, a related person means a spouse or a relative within the second degree.
Article 17 Directors and supervisors or their related persons may not engage in any trading, leasing, work contracting or other such transaction with the Museum. But this restriction shall not apply if there is a proper reason and if the board of directors has passed a special resolution approving it.
If the Museum incurs loss or damage resulting from a violation of the provisions of the preceding paragraph, the person or persons who committed the violation shall be liable to compensate for the loss or damage.
In the situation referred to in the proviso to Paragraph 1, the Museum shall proactively make public the content of the special resolution passed by the board of directors, within twenty days after the meeting, and shall report the same to the Supervisory Authority for reference filing.
Article 18 The chairperson, directors and supervisors shall be part-time appointees and shall not be remunerated for these positions.
Article 19 The Museum shall have one curator, a candidate for which shall be proposed by the chairperson and appointed after approval by the board of directors. The same shall apply to the dismissal of the curator.
The curator shall conduct the Museum’s business and supervise the Museum’s staff in accordance with the Museum’s by-laws, resolutions of the board of directors, and the chairperson’s authorization.
The curator’s duties and powers are as follows:
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Formulating the annual operating plan.
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Formulating the annual budget and performance targets, and presenting the final accounts report.
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Appointing and dismissing members of staff.
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Executing and supervising business matters.
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Approving other business plans.
The curator shall be no older than 65 years of age at the time of appointment, and shall be replaced if he/she reaches 70 years of age before his/her appointment expires. But if special considerations apply, the Supervisory Authority may approve the waiving of these restrictions.
The provisions of Article 10 Paragraphs 1 to 4, Article 16, Article 17, Article 21 Paragraphs 2 and 3, and Article 22 Subparagraph 6 pertaining to directors and supervisors shall apply, mutatis mutandis, to the emplacement of the curator under Paragraph 1.
Article 20The Museum may, according to operating needs, as approved by the board of directors, and after requesting and receiving approval from the Supervisory Authority, set up a subsidiary work organization, the establishment regulations for which shall be separately decreed. The same applies to the dissolution of such subsidiary work organization.
Article 21Staff recruited by the Museum shall be dealt with in accordance with the Museum’s personnel management regulations, shall not have the status of civil servants, and shall have their duties and responsibilities clearly stated in contract.
Directors’ and supervisors’ spouses and relatives by blood or marriage within the third degree may not be appointed to any general affairs, accounting or staff position of the Museum.
The chairperson may not recruit his/her spouse or relative by blood or marriage within the third degree to hold any position in the Museum.
Chapter 3: Business and Supervision
Article 22 The Supervisory Authority’s supervisory jurisdiction over the Museum is as follows:
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Appraising and approving development objectives and plans.
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Appraising and approving, or filing for reference, by-laws, annual operating plans and budgets, annual performance results, and final accounts reports.
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Examining assets and financial circumstances.
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Evaluating operating performance.
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Selecting and suggesting directors and supervisors.
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Taking necessary disciplinary action when directors or supervisors violate the law in the execution of their duties.
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Imposing revocation, alteration, cancellation, requirement of improvement within a time limit, suspension of execution, or other disciplinary action when the Museum is in violation of the Constitution, the law, a regulatory order, or a Self-Government Ordinance or Self-Government Regulations of Tainan City Government.
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Approving the disposal of self-owned real property or its encumbrances.
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Any other supervisory action required by and in accordance with law.
Article 23 The Supervisory Authority shall invite representatives of related organizations, scholars, experts, and disinterested community members to form a group to conduct a performance assessment of the Museum. Scholars, experts and disinterested community members shall constitute no less than two-thirds of its membership, and members of each gender shall constitute no less than one-third of its membership.
Regulations pertaining to the method, procedure and other relevant matters of the performance assessment as referred to in the preceding paragraph shall be decided by the Supervisory Authority.
The content of the performance assessment shall be as follows:
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Assessment of the Museum’s annual executive results.
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Evaluation of the Museum’s operating performance and target achievement rate.
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The achievement rate of the Museum’s annual self-raised funding ratio.
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Suggestions on the Museum’s budget appropriations.
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Other relevant matters.
Article 24The Museum shall formulate development objectives and plans, and submit these to the Supervisory Authority for approval.
The Museum shall set annual operating plans and budgets, and after these have been presented to and approved by the board of directors, shall submit them to the Supervisory Authority for reference filing.
Article 25 Within three months after the end of each accounting year, the Museum shall commission an accountant to check and certify its annual executive results and final accounts report, present these to the board of directors for deliberation, and after their approval by the board of directors, submit them to the Supervisory Authority for reference filing, and also deliver them to the auditing authority.
The final accounts referred to in the preceding paragraph may be audited by the auditing authority; the results of such audit may be presented to the Supervisory Authority or other relevant authority for any necessary action.
Chapter 4: Accounting and Financial Affairs
Article 26 The Museum’s accounting year shall be coterminous with the government’s accounting year.
The Museum’s accounting system shall comply with laws and regulations governing the establishment of accounting systems by administrative corporations.
The Museum’s financial reports shall be checked and certified by an accountant commissioned for such purpose.
Article 27 The funding allocated by the government in the year of the Museum’s establishment may be adjusted reactively within the scope of the original budget by the Supervisory Authority, without being subject to the restrictions stipulated by Articles 62 and 63 of the Budget Act.
Article 28 Funding allocated to the Museum by government agencies shall be handled in accordance with the legally prescribed budget procedures, and shall be subject to audit supervision.
Should funding allocated by a government agency exceed fifty percent of the Museum’s projected revenue sources for the year, the Supervisory Authority shall submit the Museum’s annual budget to Tainan City Council for deliberation.
The Museum shall establish revenue and expenditure management rules for its autonomous revenue sources and for matters concerning the utilization and management thereof, and shall submit these to the Supervisory Authority for reference filing.
Article 29 When the Museum needs to use municipally owned property for operational purpose, the Supervisory Authority may choose to make it available by donation, lease, provision for use free of charge, or other means.
After its establishment and in response to operational need, the Museum may purchase municipally owned real property. The announced current land value shall be used as the standard for setting the purchase price of land. The assessed present value of the current year provided by the tax collection authority shall be used as the standard for setting the purchase price of constructional improvements to land; and where there is no assessed present value of the current year, the result of valuation by the municipal propertymanagement authority shall be used as the standard.
Assets purchased by the Museum for designated use with funding approved and appropriated by the Supervisory Authority are classed as municipal assets.Except for municipal assets that are leased or provided for use free of charge as referred to in Paragraph 1 and as referred to in the preceding paragraph, assets acquired by the Museum shall be classed as private assets.
The Museum shall be registered as the manager of municipal assets provided for use free of charge as referred to in Paragraph 1 and as referred to in Paragraph 3. All income derived therefrom shall be treated as income of the Museum;regulations on management, utilization, income, and other matters pertaining thereto shall be set by the Supervisory Authority.
Municipal assets obtained for use by the Museum in accordance with this self-government ordinance shall not be subject to the restrictions prescribed in Tainan City’s municipal property management ordinances.
When the use of a municipal asset is terminated, the asset shall be transferred to the management of the city’s municipal property management authority.
When municipal property donated to the Museum is not needed for use, it shall be transferred back to the original donating authority, and may not be disposed of at will.
Article 30 Information relating to the Museum shall be made public in accordance with the relevant provisions of the Freedom of Government Information Act. The Museum’s annual financial reports, annual operating information, and annual performance assessment reports shall be made publicproactively.
An analysis report of the annual performance assessment report as referred to in the preceding paragraph shall be submitted by the Supervisory Authority to Tainan City Council for reference filing. Tainan City Council shall request the head of the Supervisory Authority together with the Museum’s curator or relevant senior executive to attend a City Council meeting to report on the Museum’s operating situation and answer interpellation.
Article 31 All debts incurred by the Museum are restricted to being self-liquidating in nature and shall be submitted in advance to the Supervisory Authority for approval. If concern arises that self-liquidation may not be possible as a result of budget execution, a prompt review shall be conducted, with corrective measures proposed and submitted to the Supervisory Authority for approval.
Article 32 The Museum’s procurement procedure shall be based on the principles of openness and fairness.Except forsituations to which the provisions of treaties and agreements signed by the Republic of China or the provisions of Article 4 of the Government Procurement Act apply, which shall be handled in accordance with such provisions, the provisions of the Government Procurement Act shall not apply. The Museum’s implementation rules for procurement operations shall be submitted to the Supervisory Authority for approval.
In the case of procurements that must be conducted in accordance with the provisions of Article 4 of the Government Procurement Act as referred to in the preceding paragraph, where the provisions of other laws apply, those provisions shall be followed.
Chapter 5: Supplementary Provisions
Article 33 A person who objects to an administrative disciplinary measure of the Museum may submit an appeal to the Supervisory Authority in accordance with the provisions of the Administrative Appeal Act.
Article 34 In the event that a change in circumstances or ineffective performance makes the Museum unable to achieve the objectives of its establishment, the Museum may be dissolved following approval from the Supervisory Authority.
When the Museum is dissolved in accordance with the provisions of the preceding paragraph, the contracts of its staff shall be terminated; its residual assets shall be put into public possession; and relevant debts shall be generally assumed by the Supervisory Authority.
Article 35 The date on which this Self-Government Ordinance comes into effect shall be decided by the Supervisory Authority. |