I. NAME, AREA OF ACTIVITY, SEAT
The Museum of the History of Polish Jews, hereinafter referred to as the Museum, operates, in particular, on the basis of the following instruments:
- The Museums Act of November 21, 1996 (Journal of Laws 1997 no. 5, item 24, as amended),
- The Act of October 25, 1991, on the Organization and Pursuit of Cultural Activity (Journal of Laws 2001 no. 13 item 123, as amended),
- This Statute.
The Museum’s Founders are the City of Warsaw (hereinafter the City) and the Minister of Culture (the Minister), hereinafter together referred to as the Organizers, and the Association of the Jewish Historical Institute of Poland, with its offices in Warsaw (the Association). The City, the Minister and the Association are hereinafter together referred to as the Founders.
The Museum is a cultural establishment possessing legal personality, entered in the register of cultural establishments. The Museum will be removed from the City register and entered in the Minister’s register, on the first business day following the end of the calendar year in which the City grants to the Museum, a perpetual usufruct to the real estate on which the premises in which the Museum is due to pursue its activity will be located.
The seat of the Museum is the City of Warsaw, and its area of activity is the Republic of Poland and abroad.
The Museum employs a round seal bearing the emblem of the Republic of Poland in the center and the inscription “Muzeum Historii Żydów Polskich” on the edge.
II. SCOPE OF ACTIVITY
The Museum’s activity is to exhibit the history of the Jews on the historical territory of the Republic of Poland, including Warsaw. For this purpose, the Museum shall, in particular, undertake the following:
- gather artifacts connected with Jewish traditions and history,
- create a catalog of exhibits and subject them to academic analysis,
- store the exhibits under conditions that ensure proper conservation and security, and in a manner that permits access to them for academic purposes,
- secure and conserve exhibits,
- lend artifacts and accept them for deposit in accordance with binding regulations,
- permit the accumulated collections to be accessed by the public at large both domestically and abroad, in particular, by creating a permanent Museum exhibition,
- organize concerts, presentations and film and multimedia shows,
- produce, publish and disseminate literature on subjects that fall within its scope of activity,
- maintain a book and media library for educational purposes and a collections department,
- encourage and undertake promotional activity and cooperate with educational institutions on matters that fall within its scope of activity, and also undertake research, if this is necessary in order to establish and verify information presented by the Museum,
- organize or co-organize meetings, congresses and conferences on matters that fall within its scope of activity,
- present other cultural, educational and research activity devoted to the presentation of Jewish history and culture, as well its associations with Polish and European history and culture.
The Museum will devote particular attention to supporting all efforts to raise the younger generation in a spirit of mutual tolerance and with a feeling of respect for Jewish traditions and culture.
The Museum may pursue its objectives by means of cooperation with Polish and foreign cultural, educational and academic establishments (especially the Jewish Historical Research Institute), central and local government authorities, non-governmental organizations, the media, and other persons and organizations that do not have legal personality.
III. GOVERNING BODIES
The Museum Director manages the Museum and represents it before outside entities.
The Director is appointed for a period of five years under the terms set out in the law, taking into account the procedures set forth in § 5.
The Organizer charged with maintaining the Museum’s register is authorized to perform actions concerning the Director’s employment, on behalf on the Museum.
The Director may be dismissed in accordance with law.
The Director is appointed and dismissed by the Organizer charged with maintaining the Museum’s register, in agreement with the second Organizer, and upon the consent of the Association.
If the Director’s position becomes vacant before the end of his term of appointment, his duties will be performed by a deputy Director appointed by the Organizer charged with maintaining the register, until such time as the agreement and consent referred to in par. 1 have been obtained, but in no circumstances, for longer than three months.
If the aforementioned agreement is not reached or consent from the Association has not been obtained within the deadline set forth in par. 2, and also if no agreement or consent from the Association regarding a new Director has been reached or obtained by the end of the period for which the hitherto Director was appointed, the Organizer charged with maintaining the register will appoint an acting Director. Whenever possible, the vacating Director or one of his deputies should be appointed as an Acting Director.
The acting Director may only perform the duties of ordinary business and may not hire new employees without the consent of the Founders.
In the situations set forth in par. 2 and 3, the Founders are obliged to hold consultations regarding the appointment of a Museum Director until such time as the Organizers have reached agreement and the consent from the Association has been obtained.
A declaration expressing the consent specified in par. 1, or a refusal to grant this consent, must be provided within 14 days of the date on which the request for the consent was received, otherwise the consent will no longer be required.
A declaration expressing the consent referred to in par. 6 will not be required if the request for the consent could not be served on the Association.
With the Association’s consent, the Organizers may entrust the management of the Museum to an individual, pursuant to appropriate law.
The Museum Director appoints no more than three deputies for an indefinite period, and may dismiss them.
A Deputy Director may be dismissed at any time.
The Museum’s internal organization and the duties of its organizational cells are set forth in the Organizational Rules and Regulations adopted by the Director, taking into account the law in force.
Amendments to the Organizational Rules and Regulations are made in the manner specified in par. 1.
Legal actions on behalf of the Museum may be performed by the Museum Director individually, two Deputy Directors acting jointly, or a Deputy Director and a proxy acting jointly.
IV. MUSEUM COUNCIL
A Museum Council will operate in the Museum, under the terms of the Museums Act.
The tenure of the members of the Museum Council is four years.
The members of the Museum Council are appointed by the Organizer charged with maintaining the Museum’s register, in agreement with another Organizer and upon the consent of the Association.
The Museum Council consists of 15 persons.
When appointing supplementary members to the Museum Council, candidates nominated by institutions that have donated funds to the Museum of a value exceeding one million Euro will be considered first. No more than 1/3 of the members of the Museum Council may be persons representing institutions that have donated funds to the Museum of a value exceeding one million Euro.
The members of the Museum Council perform their duties on a pro-bono basis, without entitlement to remuneration, allowances, or the reimbursement of travel expenses.
The Museum Council appoints a chairman from among its members.
Resolutions of the Museum Council are reached by an ordinary majority of votes cast by at least one half of the statutory composition of the Museum Council. Votes may be cast by mail.
The detailed procedures governing the work of the Museum Council are set forth in the Rules and Regulations passed by the Council.
The Museum shall provide the Museum Council with an office and secretarial facilities.
The duties of the Museum Council are:
the performance of the actions discussed in art. 11 par. 2 of the Museums Act,
pursuant to its powers under art. 11 par. 2 point 1 of the Museums Act, the expression of opinions on the following matters:
- agreements, exceeding the equivalent of PLN 1,000,000 (in words: one million zlotys),
- actions involving the transfer of Museum assets to an extent that exceeds the scope of ordinary business, and actions involving the transfer of assets exceeding the value of PLN 500,000 (in words: five hundred thousand zlotys) on a single occasion, or a value of PLN 5,000,000 (in words: five million zlotys) in the course of a single year, including the loan or deposit of assets to individuals and entities, as well as to organizations not having legal personality,
- the general concept of a historical and educational program for the Museum,
- the architectural design for the Museum.
Furthermore, pursuant to its powers under art. 11 par. 2 point 1 of the Museums Act, the Museum’s Council may express opinions on proposals regarding the merger, division or liquidation of the Museum, amendments to its Statute and the dismissal of the Director prior to the end of his tenure.
V. ADVISORY BOARDS
The Director may appoint – on his own initiative, or at the request of at least one half of the Museum employees – permanent or ad hoc advisory boards. When appointing an advisory board, the Director will define its scope of activity and determine the number of its members.
An advisory board consists of persons appointed by the Director from among Museum employees or outside persons.
An advisory board formulates opinions on matters that fall within its scope of activity.
Advisory board resolutions are reached by an ordinary majority of votes cast in the presence of at least one half of its members.
The members of an advisory board appoint a chairman from among themselves.
The Museum shall provide the advisory board with an office and secretarial facilities.
The members of an advisory board, who are not employees of the Museum, perform their duties on a pro-bono basis without entitlement to remuneration, allowances or the reimbursement of travel expenses.
Supervision over the Museum is exercised by the Organizers and by the Museum Council, as set in law and this Statute.
By the end of February each year, the Director shall have prepared and submitted to the Museum Council for its consent, an annual plan of activity, together with a financial plan, and a report on the Museum’s work in the preceding year.
If the Museum Council does not approve the plan discussed in par. 3, the matter will be resolved by the Organizers upon the consent of the Association.
VII. FINANCIAL MANAGEMENT
The Museum manages its finances pursuant to the Act on the Organization and Cultural Activity.
The basis of the Museum’s financial activities is its plan of activities, which takes into account the level of grants provided by the Organizers and the value of funds provided by the Association.
The Museum’s assets may be used only to pursue the objectives that arise from its scope of activity.
The funds required for the Museum to perform its work will be provided by the Organizers in a form of donations, and by the Association in a form envisaged in legal provisions.
The Museum’s income consists of donations from Organizers, funds obtained from the Association, revenues from activities, and funds received from other persons and other sources.
VIII. AMENDMENTS TO THE STATUTE
Any amendment to the Statute will require the consent of all the Founders and will take effect when they have signed an agreement on amending the Statute, provided that all the consents required by law have been obtained.
The Statute may be amended by two Founders, to the exclusion of the third Founder, if the third Founder: has gone into liquidation and has no legal successors, has not been accepting any correspondence for a period of three months, has changed its address without notifying the other Founders and its new address cannot be established despite the reasonable efforts to do so.
If a Founder fails to discharge its duty, under the Agreement on the Creation of a Cultural Establishment the Museum of the History of the Polish Jews, to provide funds for the Museum for a period of at least two years, its statutory powers will be suspended until such time as he discharges the above duty. In such a situation, the powers arising from the Statute, especially those set forth in § 5, 6, 11, and 21, and in points 1 and 2 therein of this § 19, shall be exercised by the remaining Founders, without the participation of the Founder who did not discharge its duty to provide funds for the Museum for at least two years.
IX ADDITIONAL ACTIVITY
To finance its activity set forth in § 3, the Museum may also additionally engage in business activity under the existing law in force, provided that such activity does not restrict the Museum’s scope of activity discussed in § 3.
The business activity referred to in par. 1 may, in particular, consist of: the sale of publications and souvenirs, the organization of cultural, academic and educational events, screenings, shows, conferences and other meetings and tourist services on a fee basis, expert opinions, publishing services and the lending of exhibits and documentary material, conservation, reproduction and research services, the leasing of premises, publications and the dissemination of works on the subject of its activity.
X. MERGERS, DIVISIONS, LIQUIDATION
Any merger, division or liquidation of the Museum will be performed by the Organizers upon receipt of consent from the Association and under the conditions and procedures set forth in the existing law.