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Chapter Law Content

Chapter II Organization
Article 8
The Agency’s Board of Directors shall consist of between 11 and 15 members. The appointment and dismissal of Directors shall be conducted by the supervisory authority and approved of by the Premier. Board members shall be selected from among the following:
1. Representatives of related government agencies;
2. Scholars and experts whose work has benefited the application to other industries of cultural content;
3. Experts in the areas of law, finance, marketing management, and innovative technology, or persons who have made great contributions to cultural content;
The number of Directors chosen from Subparagraph 1 shall not account for less than one-half of all Directors.
Neither gender should occupy less than one-third of the seats of the Board.
Article 9
The Agency’s Board of Supervisors shall consist of between 11 and 15 members. The hiring and dismissal of Supervisors shall be conducted by the supervisory authority, approved of by the Premier. Board members shall be selected from among the following:
1. Representatives of related government agencies;
2. Persons with expertise in accounting, financial auditing, auditing, law, or management.
Supervisors shall select one of their members to serve as Executive Director.
Neither gender should occupy less than one-third of the seats of the Board.
Article 10
The period of appointment for both Directors and Supervisors shall be three years and may be renewed once. The number of those serving a second term, however, shall not exceed one-half the number of Directors or Supervisors.
Directors and Supervisors representing government agencies shall be properly seconded and shall not be term-limited. In accordance with Subparagraphs 2 and 3 of Paragraph 1 of Article 8 and Subparagraph 2 of Paragraph 1 of this Article, Directors and Supervisors who resign their posts prior to their term’s expiry shall be replaced by the supervisory authority with the approval of the Premier for a term coterminous with that of the original holder of the position.
Article 11
A person to whom any of the following circumstances applies may not be hired as a Director or Supervisor:
1. A guardianship statement or supplementary statement remains in force;
2. A conviction mandating imprisonment has been handed down and probation not yet granted;
3. A bankruptcy declaration has been filed, or where in accordance with the Consumer Debt Clearance Act a judge has mandated the debt clearance process begin, but where rights have not yet been restored.
4. Civil rights have been taken away and not yet restored.
Where any of the preceding is found to apply to a Director or Supervisor, he or she shall be removed. Directors or Supervisors who are absent from a board meeting three times shall also be removed.
A Director or Supervisor to whom any of the following circumstances applies may be removed:
1. Proven immoral behavior detrimental to the image of the Agency;
2. Where work has been performed unsatisfactorily or duties have been neglected so as to seriously infringe upon the terms of employment;
3. Where the Agency has not met the standards laid out by the supervising authority for its annual performance review two years in a row;
4. Where there has been a proven contravention of the Civil Service Administrative Neutrality Act;
5. Where there has been proven lobbying or favors concerning matters under the individual’s purview, or where an individual has used his/her official capacity to accept entertainment, meals, or gifts such that the public interest or the interests of the Agency have been harmed;
6. Where it is proven that the Agency’s property has been used for other than official use;
7. Where it is proven that an individual has not abided by the stipulations of this act concerning recusal in a case of conflict of interest, or the stipulations of Paragraph 1 of Article 18 forbidding contractual relationships;
8. Other conduct unbecoming a Director or Supervisor.
For any of these situations, the supervisory authority shall give the accused the opportunity to state his/her opinions and rebut the charges levied.
Regulations concerning the Agency’s selection and removal of new members and replacement members, as well as related matters, shall be drafted by the supervisory authority.
Article 12
The Agency shall have one Chair of the Board of Directors who shall be selected by the supervisory authority from among the Directors and approved by the Premier. The removal of the Chair shall follow the same process.
Regulations concerning the Agency’s selection and removal of Chairpersons and replacement Chairpersons, as well as related matters, shall be drafted by the supervisory authority.
The Chair shall be in charge of the Agency, and serve as its representative. When a Chair is unable to perform his/her duties, he/she may appoint another Director to serve in his/her stead. Where no selection is made, the Directors shall appoint one of their own to serve as Acting Chair.
No person having attained 65 years of age may take on the position of Chairperson. In the year in which a Chair attains the age of 70, he/she shall step down and be replaced. This stipulation shall not apply where special circumstances apply and the Executive Yuan has given approval.
Article 13
The Board of Directors shall:
1. Review and approve development goals and plans;
2. Review and approve annual work plans;
3. Be responsible for raising funds, as well as for managing and utilizing Agency property;
4. Reviewing and approving the annual budget, approved budget, and goals.
5. Reviewing and approving of the Agency’s Charter.
6. Reviewing and approving the apportionment and other usage of real estate and intangible assets of the Agency;
7. The appointing and dismissing of the Agency’s President.
8. Reviewing and approving the annual plan for pooling miscellaneous funds;
9. Reviewing and approving expansion of the Agency;
10. Reviewing and approving items stipulated in this Act as needing Board approval; and
11. Reviewing and approving other important matters.
Article 14
The Board of Directors shall meet at least once every three months. Where necessary, it may call ad hoc meetings. Meetings are to be convened and presided over by the Chair.
A quorum of one-half of the Directors shall be required. Resolutions may be passed by a majority vote of Directors present. But for resolutions on Paragraphs 1 to 10 of the preceding Article, agreement of one-half the total number of Directors is required.
Article 15
The Board of Supervisors shall:
1. Review and pass the annual approved budget;
2. Oversee Agency business and financial affairs;
3. Audit the financial records, documents, and property records of the Agency.
4. Review or audit other important matters.
Supervisors shall exercise independent authority; Standing Supervisors shall represent the Board of Supervisors at meetings of the Board of Directors.
Article 16
Directors, Supervisors, and Standing Supervisors shall personally attend meetings of the Board of Directors; they may not appoint a proxy to attend.
Article 17
Directors and Supervisors shall recuse themselves where a conflict of interest arises. They are not to use the power, opportunities, or means afforded by the office for their own interest or that of a related individual. The supervisory authority shall determine the scope of where recusal needs to take place, and the penalty for failing to recuse oneself.
Between Directors and Supervisors there shall not be a spousal or other relationship within three degrees of consanguinity.
Where this Article states “related individual,” this is taken to mean a spouse or a person within two degrees of consanguinity.
Article 18
Directors, Supervisors, and related individuals shall not enter into a business, rental, or other contractual relationship with the Agency.
Persons infringing upon this regulation, where the Agency suffers as a result, shall be made to pay damages for harm done.
Article 19
The Chairperson of the Board of Directors of the Agency may be a full-time or part-time position. Compensation for full-time Chairpersons shall be determined by the supervisory authority; there shall be no compensation for part-time Chairpersons.
Directors, Supervisors, and Standing Supervisors shall all be uncompensated positions.
Article 20
There shall be one President of the Agency. This person shall be proposed by the Chairperson and hired upon approval by the Board of Directors. The same procedure shall be followed for the President’s removal. The President shall be subject to the directions and supervision of the Board of Directors, and shall implement the Agency’s business, and shall attend Board of Directors meetings as a nonvoting member.
Regulations governing Directors and the Chairman of the Board of Directors, namely those under Paragraphs 1 through 4 of Article 11, Paragraph 4 of Article 12, Article 17 and 18, Paragraph 2 and 3 of Article 21, and Paragraph 6 of Article 23, shall also apply to the President.
Article 21
Personnel shall be hired to work at the Agency in line with the rules concerning personnel management of the Agency. They shall not be considered public servants. Their rights and duties are to be stipulated in their contracts.
Persons having a spousal or other relationship within three degrees of consanguinity or marriage relationship with Directors or Supervisors shall not serve in positions concerning general affairs, accounting, or personnel at the Agency.
The Chairperson shall not appoint his/her spouse or a person within three degrees of consanguinity or marriage relationship to work at the Agency.