Statute
ARTICLES OF ASSOCIATION MONAR
CHAPTER I
General Provisions
§1
The “MONAR” Association is referred to in the remainder of these
Articles as “MONAR” or the “Association.”
§2
MONAR is active in the territory of the Republic of Poland, and the
seat of its governing bodies is in the capital city of Warsaw.
§3
MONAR is a registered association acting on the basis of the law on
associations, by virtue of which it is a legal entity.
§4
MONAR may create regional branches under the terms of this Statute.
§5
MONAR carries out both paid and unpaid services for the benefit of
the public to accomplish its goals as stated in these Articles.
MONAR acts within the bounds of the law, and in particular,
according to Acts pertaining to work for public benefit and
volunteering.
§6
MONAR may co-operate with Polish and foreign associations with an
identical or similar profile of activity.
§7
1. MONAR shall use a round seal with the following inscription
around the edge: “Stowarzyszenie MONAR” (“MONAR Association”), and
with the following inscription in the centre: “MONAR Zarząd Glówny w
Warszawie” (“MONAR Main Board in Warsaw”)
2. MONAR may use an emblem, standard, hymn, and a membership badge
on the basis of the relevant regulations.
3. The name and symbols of MONAR are protected by the law.
§8
The activity of MONAR is based on the social work of its members.
§9
In order to function under this Articles MONAR may hire employees.
CHAPTER II
Goals and Methods of Action
§10
The central goals of MONAR are to act in the public good, to
safeguard public health, and to provide assistance to social groups
threatened by or suffering from social exclusion. Such groups
include, but are not limited to, the drug addicted, those at risk of
addiction, the abused and socially excluded, the homeless, those
living with HIV, children of dysfunctional families, those from
neglected social backgrounds, the sick and those suffering from
political persecution.
The goals of MONAR are:
1. To safeguard and promote health,
2. To provide social assistance, including aid to families with
socioeconomic disadvantages and help to overcome these
disadvantages,
3. To provide charitable work,
4. To support minorities,
5. To support the handicapped,
6. To improve the employment, and career training for those without
work or threatened by unemployment,
7. To protect the rights of women and to address equality between
men and women,
8. To protect the rights of children,
9. To support economic growth as well as entrepreneurship,
10. To promote the growth of community and society,
11. To promote studies, enlightenment, education and development,
12. To support provision of rest and relaxation, including travel
within the country, for children,
13. To promote culture and to protect cultural traditions,
14. To promote an active social life as well as sport,
15. To protect nature and animals, as well as natural heritage,
16. To help other non-governmental organizations and public entities
technically, through education or exchange of information,
17. To promote order and public safety and to fight social
pathologies,
18. To work towards European integration as well as the development
of cross-cultural contacts and cooperation,
19. To promote and organize volunteering.
§11
MONAR realizes its goals by providing public services that have
associated financial tolls and are toll-free:
I. Functions with a toll are as follows,
1. The creation and running of centres including those involved in:
a. sociotherapeutic activities, community clubs and prophylactic
intervention,
b. information, counseling and analysis of tests, guidance to
addicted persons or those threatened with addiction including their
families and acquaintances, as well as the homeless and those
threatened by marginalization,
c. providing detoxification programs and facilities,
d. providing facilities for day care,
e. providing facilities for the rehabilitation of youth and
children,
f. providing facilities for the rehabilitation of adults,
g. providing facilities for the rehabilitation of relapse clients,
h. providing facilities for those with comorbid disorders,
i. providing hostel facilities, residences and re-adaptation
programs,
j. providing confidential telephone lines,
k. providing hospitals, clinics and ambulance services,
l. providing hostels for addicted persons,
m. providing hostels for the homeless,
n. providing houses for the homeless, as well as single-mothers with
children,
o. providing centeres for care and hospitalization,
p. providing facilities for social re-adaptation for the homeless,
and single mothers with children,
r. providing facilities, clubs and programs, for social and
vocational reintegration
s. providing resocialization, therapeutic, and revalidation
facilities,
t. providing facilities for palliative and geriatric care,
u. providing facilities, and programs to help persons released from
prisons,
2. The creation and running of the program “Getting out of
Homelessness MARKOT,”
3. The creation and running of programs involving harm reduction
exclusive of substitution treatment,
4. The creation of Centres for Social Integration,
5. The creation of Centres for Helping Neighbors,
6. The creation and running of Centres of Continuing Education,
7. Organization of training to introduce employees and volunteers to
work with people threatened by social exclusion and those who are
socially excluded,
8. Promoting and producing publications, within the bounds of
existing regulations,
9. Cooperation with the agencies of mass-media,
10. Organization and implementation of educational and informational
programs, as well as those promoting health,
11. Initiating and implementation research into drug addiction and
social problems
12. Organizing congresses, symposiums and other forms of exchange of
information and experience,
13. Activities within the scope of agricultural economy, including
farming and orcharding.
II. Toll-free functions are as follows,
1. The creation and running of centres including those involved in:
a. sociotherapeutic activities, community clubs and prophylactic
intervention,
b. information, counseling and analysis of tests, guidance to
addicted persons or those threatened with addiction including their
families and acquaintances, as well as the homeless and those
threatened by marginalization,
c. providing detoxification programs and facilities,
d. providing facilities for day care,
e. providing facilities for the rehabilitation of youth and
children,
f. providing facilities for the rehabilitation of adults,
g. providing facilities for the rehabilitation of relapse clients,
h. providing facilities for those with comorbid disorders,
i. providing hostel facilities, residences and re-adaptation
programs,
j. providing confidential telephone lines,
k. providing hospitals, clinics and ambulance services,
l. providing hostels for addicted persons,
m. providing hostels for the homeless,
n. providing houses for the homeless, as well as single-mothers with
children,
o. providing centres for care and hospitalization,
p. providing facilities for social re-adaptation for the homeless,
and single mothers with children,
r. providing facilities, clubs and programs, for social and
vocational reintegration
s. providing resocialization, therapeutic, and revalidation
facilities,
t. providing facilities for palliative and geriatric care,
u. providing facilities, and programs to help persons released from
prisons,
2. The creation and running of the program “Getting out of
Homelessness MARKOT,”
3. The creation and running of programs involving harm reduction
exclusive of substitution treatment,
4. The creation of Centres for Social Integration,
5. The creation of Centres for Helping Neighbors,
6. The creation and running of Centres of Continuing Education,
7. Organization of training to introduce employees and volunteers to
work with people threatened by social exclusion and those who are
socially excluded,
8. Promoting and producing publications, within the bounds of
existing regulations,
9. Cooperation with the agencies of the mass-media,
10. Conducting activities on promoting positive life attitudes among
children and youth through establishing and developing The Pure
Hearts Movement,
11. Co-operation with relevant health services, penitentiary
services, educational, informational institutions, civil and youth
associations, sport and recreational organizations, religious
affiliations, as well as governmental and municipal administration,
12. Organization and implementation of educational and informational
programs, as well as those promoting health,
13. Initiating and implementation research into drug addiction and
social problems
14. Organizing congresses, symposiums and other forms of exchange of
information and experience,
15. Initiating forms of self-help which integrate youth, family and
school communities in order to reduce social threats,
16. Establishing MONAR Regional Branches,
17. Activities within the scope of agricultural economy, including
farming and orcharding.
CHAPTER III
Members and Their Rights and Duties
§12
Any citizen of the Polish Republic, with the capacity to act and not
being infamous, except for those mentioned in §13, can be an
ordinary member of MONAR. Members recognize the goals of MONAR as
stated in this Articles and work towards achieving the Associations
goals as stated in these Articles.
A person without Polish citizenship may become a member of MONAR,
with approval from the Main Board,
§13
A volunteer within MONAR or a person under the care of, or a patient
of a facility of MONAR cannot be a member of MONAR.
§14
Members of MONAR are divided into the following categories:
1. Ordinary
2. Supporting
3. Honorary
§15
An ordinary member is obliged to:
a. Observe the provisions of the Articles and regulations and comply
with the resolutions of the Association’s governing bodies,
b. Take active part in realizing the Association’s statutory
objectives,
c. Pay membership dues regularly.
§16
An ordinary member has a right to:
a. Participate in or observe the election of the Associations
governing bodies,
b. Take part in all activities of MONAR as stated within these
Articles,
c. Carry a membership card and wear the badge of the MONAR
Association,
d. To voice opinions, proposals and postulates to the governing
bodies of MONAR,
e. To make use of the recommendations, guarantees and help of MONAR.
§17
1. An ordinary member is accepted by the appropriate Regional Branch
Board on the basis of a written declaration of will to become a part
of MONAR, to accept its goals and to resolve oneself to follow its
statues and regulations, as well as a recommendation from two
members having been part of MONAR for at least 10 years.
2. Upon accepting a new member, Regional Branch Boards must inform
the Main Board within 30 days.
3. In the event of declination by the Regional Branch Board the
member may revert to the Main Board of MONAR, in the first instance,
or to a Congress of Delegates, as a secondary recourse. Any decision
brought forth by the Congress of Delegates is final.
§18
1. A physical or legal resident of Poland or any other country
supporting the activities of MONAR can be a supporting member.
2. Supporting members are accepted by the Main Board based on a
written declaration.
3. Supporting members have the same rights as ordinary members in
reference to taking on an active or observing role in the election
of the Association’s governing bodies.
§19
1. Honorary membership is conferred by the Congress of Delegates on
persons who especially deserve such honor through their contribution
to achieving the Association’s statutory goals or on persons of
especially high moral character.
2. Honorary members have the same rights as ordinary members with
the exception that they may not take on an active or observing role
in the election of the Associations governing bodies; however
honorary members are exempt from paying membership fees.
3. Honorary membership may be rescinded by the Congress of Delegates
under recommendation by the Main Board.
§20
Membership in MONAR is discontinued if:
1. A voluntary termination of membership is submitted, in writing,
to the Regional Branch Board which must, upon receipt of such
declaration, inform the Main Board within 30 days.
2. A member is served with a legally valid sentence involving an
additional loss of public rights.
3. A member dies.
4. A member is removed from the list of members by the Regional
Branch Board because of failure to pay membership fees for 1 year
despite receiving written warning.
5. A member violates these Articles or resolutions passed by the
Association’s governing bodies, by a decision of the Main Board.
6. Any decision by the Main Board may be appealed to the Congress of
Delegates.
7. In the event of expulsion by Regional Branch Board the member may
revert to the Main Board of MONAR, in the first instance, or to a
Congress of Delegates, as a secondary recorse. Any decision brought
forth by the Congress of Delegates is final.
§21
Membership of supporting members in MONAR is discontinued if:
1. A voluntary termination of membership is submitted, in writing,
to the Main Board.
2. Membership is removed on the basis of a resolution from the Main
Board as a result of inactivity, or a change in activity within the
Association or as a result of loss of status as a legal body, in
case of legal body membership.
CHAPTER IV
Governing Bodies of the MONAR Association
§22
1. The Governing Bodies of the MONAR Association are:
a. the Congress of Delegates of the members of the Association,
b. the Main Board,
c. the Chief Audit Commission.
2. The term of office of the governing bodies is 4 years, and they
are elected by secret ballot.
3. Should members of the Association’s governing bodies cede during
a term of office, the governing bodies may appoint new members to
take their place, but the number of new members appointed this way
cannot exceed one third of the total number of elected members.
4. Unless the following provisions state otherwise, resolutions by
the governing bodies are reached by a simple majority of votes by at
least half of those eligible to vote.
§23
1. The highest authority of the MONAR Association is the Congress of
Delegates, convened by the Main Board.
2. A Congress of Delegates may be ordinary or extraordinary.
§24
The powers of the Congress of Delegates are as follows:
1. To pass resolutions adopting plans of action for MONAR,
2. To consider and approve reports on the work of the Main Board and
Chief Audit Commission,
3. To give vote of acceptance to the ceding Main Board, on the
motion of the Chief Audit Commission,
4. To elect the Chairperson of the Main Board, members of the Main
Board, Chief Audit Commission and the Ethical Commission,
5. To approve guidelines and financial reports,
6. To approve the regulations of the Main Board, Chief Audit
Commission and Ethical Commission,
7. To grant or revoke honorary membership at the behest of the Main
Board,
8. To approve resolutions changing these Articles,
9. To adopt resolutions on a dissolution of the MONAR Association,
10. To consider appeals on membership issues,
11. To adopt resolutions on business that is not reserved for other
governing bodies.
§25
The Congress of Delegates is able to adopt resolutions at its first
scheduled meeting by at least half of the persons eligible to vote.
At its second scheduled meeting, it is able to adopt resolutions
regardless of the number of persons present.
§26
1. In the Congress of Delegates decisions are made by Ordinary
Members.
2. In the Congress of Delegates the following take on an advisory
capacity: Honorary Members, representatives of Supporting Members or
invited guests.
§27
1. An ordinary session of the Congress of Delegates is convened by
the Main Board.
2. The Main Board will inform all members at least 14 days prior on
the date, place and agenda of an ordinary session of the Congress of
Delegates.
§28
The mandates of the members to vote at the Congress of Delegates
remain valid throughout the Congress’ term of office.
§29
1. An Extraordinary Congress of Delegates may be convened on the
motion of the Main Board and Chief Audit Commission, or on the basis
of a motion of one-third of the members of MONAR.
2. The Main Board is bound to convene an Extraordinary Congress of
Delegates within 6 weeks from the date on which a motion was passed
by the Chief Audit Commission or one-third of the members of MONAR.
3. An Extraordinary Congress of Delegates shall discuss the business
for which it was convened, according to the agenda set forth by the
Main Board. The agenda may only be changed by the Extraordinary
Congress of Delegates.
§30
1. The Main Board is elected by the Congress of Delegates by secret
ballot. It may consist of not more than 9 members, including the
Chairperson.
2. The Chairperson of MONAR is elected and dismissed by secret
ballot at the Congress of Delegates wherein every member of the
Congress is allotted only a single vote.
3. The Main Board, based on recommendation from the Chairperson,
selects one or two persons within the Main Board, to be
vice-chairperson and secretary.
§31
A member of the Main Board loses his/her mandate if:
1. the membership of the Association ceases,
2. the member resigns form his/her function,
3. the member is convicted by court to a valid sentence for
intentional offence,
4. the member has broken the Regulations of the Main Board.
The member, whose mandate is annulled by the Main Board, may appeal
to the Congress of Delegates.
§32
The Main Board directs the work of the MONAR Association and is
accountable to the Congress of Delegates.
§33
The powers of the Main Board are as follows:
1. To supervise the observance and implementation of the resolutions
of the Congress of Delegates.
2. To lay down guidelines for the Association and approve its plans
of action.
3. To approve the Association’s annual budget, balance sheet and
activity reports.
4. To adopt internal regulations and guidelines.
5. To make decisions to set up and dissolve regional branches of
MONAR.
6. To set up and dissolve facilities and centres managed by the
Association upon the recommendation of the relevant regional branch
and supervise their activities.
7. To suspend or dismiss members of the Main Board (in accordance
with §31).
8. To suspend or dismiss the Boards of branches, appoint provisional
Boards or proxies until the election and formation of a new Board
has taken place.
9. To appoint members of committees of the Main Board.
10. To manage the Associations assets and funds.
11. To appoint and dismiss the Chief Accountant of MONAR.
12. To appoint and dismiss the Managers of MONAR facilities.
13. To create and publish an annual report on the activities of
MONAR.
14. To publish an annual report on the finances of MONAR.
15. To appoint and dismiss conscripts for alternative military
service in MONAR facilities.
16. To put forth explanations or warnings with regard to the
protocols for external audit of MONAR.
§34
1. Resolutions by the Main Board are adopted by a simple majority of
votes in the presence of at last half of its members, including the
Chairperson or one of the Vice-Chairpersons. In case of equal number
of votes, the Chairperson has a deciding vote.
2. Meetings of the Main Board are held as needed, as and not less
often than once in three months.
3. Meetings of the Main Board are called by the Chairperson, the
Secretary or one-third of members of the Main Board.
§35
The authority of the Chairperson of the Main Board extends to:
a. Directing the work and function of the Board,
b. Representing the Main Board and the Association, with the
exception of cases when the Chairperson delegates to the
Vice-Chairperson, the Secretary or appoints another proxy.
c. Contract financial obligation as a sole person to the maximum
amount set by the Main Board.
§36
1. The Chief Audit Commission consists of three members, out of whom
a chairperson and deputy chairperson are elected.
2. The Chief Audit Commission is a separate entity from the Main
Board, which provides internal control of the Associations functions
and is independent from the Main Board.
3. Members of the Chief Audit Commission may not be members of the
Main Board nor have any family ties, subordination or employment
relationship.
4. Members of the Chief Audit Commission may not be convicted by
valid sentenced for an intentional offence. In the case that a
member of the Chief Audit Commission is convicted by a valid
sentence for an intentional offence, that member automatically loses
his/her mandate.
5. Members of the Chief Audit Commission may, in fulfillment of
their tasks, be refunded justifiable costs or be rewarded in amounts
no higher than stated for persons presiding over certain legal
entities, according to law.
§37
1. The Chief Audit Commission required, at least once yearly, to
carry out a complete audit of the activities of MONAR, paying
particular attention to financial matters.
2. The Chief Audit Commission supervises Regional Audit Commissions
3. The Chief Audit Commission has the right to call upon Regional
Audit Commissions to carry out an audit of all activities in the
pertinent region,
4. Members of the Chief Audit Commission have the right to
participate in the meetings of the Main Board in an advisory
capacity. Furthermore, they may bring forth to the Main Board
recommendations and conclusions as a result of completed audits.
§38
The Ethical Commission of MONAR is tasked with the supervision and
maintenance of the ethical standards of the Associations members and
employees.
1. Members of the Ethical Commission have the right to take part in
work carried out by the Main Board in an advisory capacity.
CHAPTER V
Regional Branches of the Association
§39
1. A Regional Branch is established by a resolution from the Main
Board.
2. The name, area of activity and headquarters of a Regional Branch
is determined by the Main Board.
3. At least 20 members are required to establish a Regional Branch.
§40
1. The governing bodies of a Regional Branches are:
a. The General Meeting of Branch Members,
b. The Regional Branch Board,
c. The Regional Branch Audit Commission.
2. The term of office of a Branch’s governing bodies is four years.
They are elected by secret ballot.
§41
1. The highest authority of the Branch is the General Meeting of
Branch Delegates, convened by the Regional Branch Board.
2. A General Meeting of Branch Delegates may be ordinary or
extraordinary.
§42
The powers of the General Meeting of Branch Delegates are as
follows:
1. To adopt a programme of action for the Regional Branch according
to the terms of the Statute and resolutions of the leadership of
MONAR,
2. To consider reports on the activities of the Regional Branch,
3. To give vote of acceptance to the ceding Regional Branch Board,
on the motion of the Regional Branch Audit Commission,
4. To appoint authorities and delegates to the Congress of Delegates
of MONAR,
5. To adopt resolutions on matters brought forth by the Branch
Board, Branch Audit Commission and Members of the Regional Branch.
§43
1. The members of the Regional Branch have a decisive vote on the
General Meeting of the Branch
2. Honorary and supporting members and invited guests have only an
advisory capacity.
§44
The General Meeting of Branch Delegates adopts resolutions at its
first scheduled meeting in the presence of at least half of the
persons eligible to vote. At its second scheduled meeting, it adopts
resolutions regardless of the number of persons present.
§45
An ordinary session of the Regional Branch General Meeting is
convened by the Branch Board. The Branch Board will inform all
members at least 14 days prior on the date, venue and agenda of an
ordinary session of the General Meeting.
§46
The mandates for the General Meeting of Branch Delegates remain
valid throughout the term of office.
§47
1. An Extraordinary General Meeting of Branch Delegates may be
convened at the motion of the Main Board, Regional Branch Board,
Chief Audit Commission, or at the motion of one-third of members of
the pertinent branch.
2. An Extraordinary General Meeting of Branch Delegates is convened
by the Branch Board within 14 days upon the request.
3. An Extraordinary General Meeting of Branch Delegates discusses
only the business on the basis for which it was convened.
§48
1. A Regional Branch Board of MONAR is chosen by secret ballot at a
General Meeting of Branch Delegates and is comprised of five persons
including the Chairperson.
2. The Chairperson of a Regional Branch of MONAR is elected and
dismissed by secret ballot at the General Meeting of Branch
Delegates wherein every member present is allotted only a single
vote.
3. On recommendation from the Chairperson of the Regional Branch a
Vice-Chairperson, Secretary and Treasurer are elected among the
members of a Branch.
§49
The powers of a Regional Branch Board of MONAR extend to:
1. Implementing the recommendations and resolutions adopted by the
Main Board of MONAR.
2. Implementing the recommendations and resolutions adopted by the
General Meeting of Branch Delegates.
3. Adopting plans of action of the Branch and approving its activity
reports.
4. Taking on and accepting new members into the Association.
5. Setting up commissions and structures as deemed necessary for the
functioning of the Regional Branch Board.
6. Adopting internal regulations and guidelines of the Branches
functioning.
7. Providing recommendations for facilities operating in the region
of the Regional Branch Board.
8. Reviewing recommendations on fulfilling the functions and
achieving the goals of MONAR.
9. Putting forth to the Main Board proposals pertinent to the
function of the Regional Branch.
10. Providing the Main Board with regular reports on all aspects of
function of the Regional Branch.
11. Managing financial resources raised by the Regional Branch
Board:
a. Membership fees of members belonging to the Regional Branch
b. Any Court ordered exemplary damages designated to be allocated to
that particular regional Branch of MONAR.
c. Gifts or donations received in order to realize the goals of
MONAR, as stated in these Articles, on the territory of a particular
branch.
§50
1. The Regional Branch Audit Commission consists of three members,
out of whom a Chairperson and Secretary are elected.
2. The Regional Branch Audit Commission is required, at least once
yearly, to carry out a complete audit of the activities of the
Branch, paying particular attention to financial matters.
3. The Regional Branch Audit Commission carries out audits and
controls of the functions of Branches within its region at the
behest of the Chief Audit Commission.
4. The Regional Branch Audit Commission is a separate entity from
the Regional Branch Board, which provides internal control of the
Branches functions independent of the Regional Branch Board.
5. Members of the Regional Branch Audit Commission may not be
members of the Regional Branch Board nor have any familial ties,
subordination or employment relationship.
6. Members of the Branch Audit Commission may not be convicted by
valid sentence for an intentional offence. In the case that a member
of the Branch Audit Commission is convicted by a valid sentence for
an intentional offence, that member automatically loses his/her
mandate.
7. Members of the Branch Audit Commission may, in fulfilling their
tasks, be refunded justifiable costs or be rewarded in amounts no
higher than stated for persons presiding over certain legal
entities, according to law.
CHAPTER VI
The assets and funds of the Association
§51
1. The MONAR Association’s assets consist of real estate, movables
and funds.
2. The Association may not use its funds to provide loans to, or
guarantee the loans of, its members, employees, or their spouses, or
persons with whom they have blood relationship, lineal affinity,
collateral affinity to the second degree, as well as any other blood
relatives or any persons over whom they are legal guardians,
henceforth, collectively called “close persons” of employees or
members.
3. The Association may not remit its funds and assets to its
members, employees or their close persons by means other than those
established for providing funds to third parties.
4. The Association may not use funds for the benefit its members,
employees or their close persons in a manner other than that
established for third parties, with the exception that such a
remittance of funds is a directly related to implementing goals of
the Association as stated in this Articles.
5. The Association may not purchase from, or make use of, businesses
in which members, employees or their close persons are a party in a
manner which deviates from pervious transactions with third party
businesses.
§52
Funds consist of:
a. Membership fees,
b. Donations,
c. Inheritances and bequests,
d. Grants and subsidies,
e. Public donations,
f. Revenue from the total wealth of MONAR,
g. Interest and revenue from the Association’s capital,
h. Revenue from providing services with a toll for public benefit,
i. Revenue from court ordered exemplary damages.
§53
All revenue and funds at the disposal of the Association are
designated for use in order to fulfill the goals of these Articles.
§54
1. In order to be valid, any declarations made by the Association
must be signed by the Chairperson and a member of the Main Board.
2. Under certain circumstances the Main Board may put forth persons
to represent the Association.
CHAPTER VII
Amendments to the Statute and Dissolution of the MONAR Association
§55
1. A resolution to amend the Statute is taken by the Congress of
Delegates by a two-thirds majority of votes by at least half of
persons eligible to vote.
2. A resolution to dissolve the MONAR Association is taken by an
ordinary or extraordinary Congress of Delegates by a two-thirds
majority of votes by at least half of persons eligible to vote.
3. The resolutions referred to in points 1 and 2 are subject to
approval by the registration authority.