Statute

FIRST ALTERATION OF THE SOCIAL STATUTE OF THE NON-PROFIT ORGANIZATION, THE MUNICIPAL PLANNING INSTITUTE - IPLAM, CONSOLIDATED.

 

FIRST SOCIAL STATUTE ALTERATION

CHAPTER I

OF DENOMINATION, NATURE, HEADQUARTERS AND DURATION.

Art. 1. The non-governmental organization, the Municipal Planning Institute – IPLAM is an associative entity of private law, of non-profit characterization, with an undetermined duration, and headquarters in Porto Alegre, RS, able to establish and realize activities in other areas of the Federation.

FIRST PARAGRAPH – The non-governmental organization, the Municipal Planning Institute, because of its non-profit status, has limited the distribution of dividends, profits or results to its integrants and those of its connected organs, in order to invest their financial results within the institution itself.

SECOND PARAGRAPH – The non-governmental Municipal Planning Institute has adopted the abbreviation IPLAM as its representative name.

THIRD PARAGRAPH – The non-governmental Municipal Planning Institute will base its actions on a strict observance of the principles of legality, impersonality, morality, publicity, economy and efficiency.

 

CHAPTER II
OF PURPOSE

Art. 2. The purpose of the non-governmental organization Municipal Planning Institute is of a scientific, cultural, educational, social, technological and scientific nature, in order to support the diffusion and realization of programs of teaching, research, institutional extension and development, in all scientific and technological areas of knowledge and municipal interest, including desktop publishing, production, commercialization and distribution of graphic materials, newspapers, books, periodicals, magazines, CD-ROM’s, as well as the realization of consulting services, courses, events, videos and all other forms of marketing and advertising.

UNIQUE PARAGRAPH – To achieve these purposes, the non-governmental organization Municipal Planning Institute is able to confirm agreements, adjustments, contracts, or similar instruments with public or private entities, in order to:

a)identify the demands of and solutions for civil society, government and private initiatives;
b) form and participate in the articulated network of agents;
c) establish connections between people and institutions open to contribute with human resources, technological materials and/or financing, or institutions concerned with their objectives;
d) manage, operate, receive and utilize resources of any nature, including installations and equipment pertaining to third parties;
e) encourage, create and maintain teaching facilities, research and services, cooperatives, businesses and other entities, principally of the third sector;
f) establish partnerships and participate with physical or legal persons from other entities or establishments, including public ones or business ones, with the objective of reaching intended ends or strengthening its patrimony or revenue, always keeping in mind institutional, municipal and environmental development;
g) encourage and valorize the voluntary participation of persons or institutions interested in contributing to the betterment of the quality of life in the city scene, their water, sources and the environment;
h) develop campaigns to sensitize and to raise resources for the correct use of cities’ water resources in Brazil;
i) realize courses, seminaries and events, principally focused on the environment as well as the protection of water resources in Brazilian cities;
j) realize other activities and scientific, environmental, cultural, education public health and technological programs that aim at the promotion of the preservation of the environment, and of springs and water resources, strengthening the third sector and social and community well-being;
k) promote studies and research that aim to identify in a qualitatively and quantitatively manner the labor force needed in scientific and technological processes, always centered on the protection of springs and municipal water resources;
l) elaborate, execute and supervise training programs destined for the selection of choosing candidates for public or private organizations, as well as their promotion, elaborating activity programs and perfecting programs of permanent or temporary nature, on all levels and in all areas of professional actuation;
m) hold discussions with private and public organizations, national or foreign, aiming at collaboration in the execution or programs and activities of technical and professional graduation and betterment;
n) promote the integration between the private, public and university sectors;
o) provide specialized technical and administrative services of aiding and consulting and other works in the public administrative, tributary, fiscal, legal, and environmental and urban public policies areas;
p) provide specialized services in the elaboration of directive plans, environmental and spring source plans, as well as those concerning existing municipal water resources;
q) develop services for market research of public opinion, including electoral;
r) elaborate projects and surveys of public opinion, including electoral;
s) support the development of municipal tourism and eco-tourism exploring and preserving their environmental, cultural and social riches;
t) support the development of activities together with the Committees of established basins in Brazil;

 

CHAPTER III
OF PATRIMONY AND REVENUE

Art. 3. The Patrimony of the non-governmental organization Municipal Planning Institute is constituted of related rights, personal property and real estate that come to belong to the organization through donations, able to be increased through allocations, grants, including social ones, legal ones, values, revenues and others that come to be received, produced or acquired from individual, legal, public, private, national and foreign entities.

Art. 4. The Revenue of the non-governmental organization Municipal Planning Institute can originate from sources of natures of patrimony, real estate, financial, operational, values, contributions or donations, that come from individual or legal entities, including Public Power and others; also those that result from business agreements, contracts, adjustments, services, products, investments, applications, interest rates, usufructs, incomes established by third parties and assemblies.

CHAPTER IV

OF FINANCIAL REGIME AND INSPECTION

Art 7. The non-governmental organization Municipal Planning Institute is made up of a limited number of ASSOCIATED COLLABORATORS, who are proven to be committed to the goals of the non-governmental organization Municipal Planning Institute and are admitted in the form of the actual Statute.

FIRST PARAGRAPH – The Associated Collaborators of the non-governmental organization Municipal Planning Institute do not answer for, not even subsidiarily, for legitimate obligations contracted by the non-governmental organization Municipal Planning Institute, which has a legal personality and a patrimony distinct of its Associated Collaborators.

SECOND PARAGRAPH –The non-governmental organization Municipal Planning can grant titles of worthiness and others to individual or legal entities that have contributed intellectually or given materials relevant to the reaching of its goals.

THIRD PARAGRAPH – The Deliberative Counsel will accept as associated collaborators persons who have proven to be notably experienced in the scientific technology in one of the areas of involvement of the non-governmental

FIFTH PARAGRAPH – São deveres dos colaboradores associados:

I – take care to preserve the good name of the non-governmental organization, the Municipal Planning Institute;
II – remain dedicated to the associative principle of the entity;
III – carry out the decisions of ruling organs and of the statute of the non-governmental organization, the Municipal Planning Institute;

SIXTH PARAGRAPH – The rights of the associated collaborators are:

I – the utilization of the facilities of the non-governmental organization, the Municipal Planning Institute, for activities involving the entity;
II – the participation in courses, congresses, seminars and training promoted by the non-governmental organization, the Municipal Planning Institute;

Art. 8. The Administration of the non-governmental organization, the Municipal Planning Institute, is realized by the General Assembly, Direct Counsel, the Fiscal Counsel and the Consult Counsel, in the form of this statute.

FIRST PARAGRAPH – The deliberations of the General Assembly, Direct Counsel, Fiscal Counsel and Consult Counsel of the non-governmental organization, the Municipal Planning Institute, are carried out through a unitarian and egalitarian vote of majority, save for a contrary disposition.

SECOND PARAGRAPH– The administrative, financial, and finalizing operations of the non-governmental organization, the Municipal Planning Institute, are directed by the Director-President.

SECTION I
OF GENERAL ASSEMBLY

Art. 10. The General Assembly is the supreme organ of the non-governmental organization, the Municipal Planning Institute, made up of all of the associated collaborators, Direct Counsel members, and the members of the Fiscal and Consult Counsels, with attributions and powers confirmed by law, including the following:

I – establish criteria for the acceptance and removal of associated collaborators of the non-governmental organization, the Municipal Planning Institute;l
II – deliberate on the program and annual budget;
III – deliberate on reports, financial demonstrations and the annual accounts for services rendered by the Director-President;
IV – elect the members of the Direct Counsel and the Fiscal Counsel;
V – approve, by a 2/3 (two thirds) majority vote, alterations to the current Statute, the extinguishment of the non-governmental organization, the Municipal Planning Institute, and the dismissal of administrators, offered exclusively by the Director-President;
VI– for the deliberations referred to in part V, a vote of approval of 2/3 (two thirds) of present members of the assembly, specifically united for this purpose, is necessary, unable to deliberate during the first convocation without an absolute majority of associates, or with less that 1/3 (one third) present for the following convocations;
VII – deliberate on other matters of interest for the non-governmental organization, the Municipal Planning Institute, or that are submitted by the Direct Counsel, Fiscal Counsel or Consult Counsel.

FIRST PARAGRAPH – The General Assembly of the non-governmental organization, the Municipal Planning Institute, mandatorily meets at least once a year, and as many times as necessary, by convocation of the Director-President, the Fiscal Counsel or one half of its members.

PARAGRAPH SECOND – under any hypothesis referred to in the previous paragraph, the General Assembly will be called through publication, with a minimum of 5 (five) days antecedence, in a newspaper of large circulation, containing the place, date and time of the meeting and the order of the day.

THIRD PARAGRAPH – As assembléias são presididas pelo Diretor Presidente, sendo necessária a presença de pelo menos um terço de seus membros para a abertura dos trabalhos.

SECTION III
OF THE FISCAL COUNSEL

Art. 11. The Fiscal Counsel is the organ responsible for the inspection of the realization of decisions made by the General Assembly, so much as for finalizing operations as for administrative and financial ones, and is comprised of the following members: 1 (one) president, 2 (two) Counselors and 1 substitute, elected for four year terms, by absolute majority by the General Assembly, with attributions and powers confirmed by law and also the following:
I – Manifest about the program and annual budget proposed by the Director-President for a time period of three months until the end of the financial exercise;
II – manifest about reports, financial demonstrations and annual accounts for services rendered by the Director-President;
III – Manifest about other matters of interest for the non-governmental organization, the Municipal Planning Institute, or that are submitted by its members, the Fiscal Counsel, the Consult Counsel, or the Director-President.

FIRST PARAGRAPH – The Fiscal Counsel of the non-governmental organization, the Municipal Planning Institute, meets when called by the General Assembly, the Director-President, the Consult Counsel, by its President or by half of its members.

SECOND PARAGRAPH – The convocation of the Fiscal Counsel will be made by letter, with notice of reception, with 5 (five) days notice.

SECTION IV
OF THE CONSULT COUNSEL

Art. 12. The Consult Counsel will be comprised of an odd number of members, recognized for their competence and knowledge and experience in relation to the objectives of the non-governmental organization, the Municipal Planning Institute, presented by the president and invited by decision of the General Assembly to, during four years and able to be re-invited, aid the administration and associated collaborators.

FIRST PARAGRAPH – The members of the Consult Counsel will elect their President.

SECTION V
OF THE BOARD OF DIRECTORS

Art. 13. The Director-President has the following powers:

I – Carry out and enforce the realization of legislation, the present Statute, all norms, and decisions of the administrative organs of the non-governmental organization, the Municipal Planning Institute;
II – Represent the non-governmental organization, the Municipal Planning Institute, actively and passively em juízo e fora dele;
III – Swear in members of the Direct Counsel, Fiscal Counsel and Consult Counsel;
IV – Summon and preside over General and Extra Assemblies, concentrating them and orientating them for the planning of activities for the non-governmental organization, the Municipal Planning Institute;
V – Present to the General Assembly the annual report on the non-governmental organization, the Municipal Planning Institute’s activities and the results of the general audit with respective accounts for services rendered to be approved by the Fiscal Counsel;
VI – Manage the patrimony of the non-governmental organization, the Municipal Planning Institute;
VII – Send for approval by the General Assembly the project of general-scope of permanent personnel of the non-governmental organization, the Municipal Planning Institute, as well as proposals for its alteration;
VIII – Submit for review by the General Assembly modifications in sketched plans and in the budgetary programming, as well as new commitments of larger importance and responsibility, specially those that refer to the realization of studies, surveys or works of special natures;
IX – Sign agreements, adjustments, contracts and commitment terms, as well as transfers of resources authorized by the General Assembly;
X – Hire, fire and license employees, guarantee rewards, the remuneration of quotaholders actively involved in the management of the company, and salary additions for special services provided by personnel of the non-governmental organization, the Municipal Planning Institute, as well as remunerate eventual works, and hire third-party service providers, until the limit stipulated by the General Assembly and still provide the functions of the management;
XI – Authorize the admission of temporary personnel for the realization of services for the non-governmental organization, the Municipal Planning Institute;
XII – Delegate attributions and constitute mandates;
XIII – Authorize actions within the approved funds, as well as write checks and other titles, together with being responsible for the financial sector;

Art. 14. The mandate of the Director-President is for a time period of 4 (four) years, allowing for re-election.

Art. 15. The activities of the executive organs of the non-governmental organization, the Municipal Planning Institute, are broken down into administrative, commercial and projects, subordinated by the Director-Superintendent, who in turn is subordinate to the Director-President.

Art. 16. The Director-Superintendent will be the legal substitute for the Director-President in any case of absence, including during the General Assembly.

Art. 17. The powers given the Director-Superintendent are:

I – Proceed with necessary studies and the elaboration of the annual budget of the non-governmental organization, the Municipal Planning Institute, of budgetary credits and others, as well as the inspection, control and evaluation of its execution;
II – orientate and control the operational activities of the non-governmental organization, the Municipal Planning Institute, and enforce the established policies, directives, objectives and methods;
III – Present to the Fiscal Counsel each trimester the account balance with pertinent information, and annually present the general balance accompanied by a report on the activities of the non-governmental organization, the Municipal Planning Institute;
IV – Send to the General Assembly, with the approval of the Director-President, up until November 30 (thirtieth), the work plans for the following exercise and the budgetary programming for the non-governmental organization, the Municipal Planning Institute;
V – Analyze with the responsible executive organs the respective area reports, taking opportune measure to correct mistakes in relation to preset plans;
VI – Authorize spending within the approved limit, as well as sign checks and other titles, together with the responsible figure from the financial sector;
VII – Execute other duties given by the Director-President;

Art. 18. The powers given the Administrative, Commercial and Project Director are:
I – Follow up on, along with the official organs, the realization of acts or documents of interest to the non-governmental organization, the Municipal Planning Institute, subject or not to registration or publication;
II – Elaborate and keep a current register of control of employees, contracted personnel, teaching staff, trained personnel, entities and all collaborators of the non-governmental organization, the Municipal Planning Institute;
III – Keep control of and register ducuments being processed and current processes of the non-governmental organization, the Municipal Planning Institute;
IV – Keep a record of the property and real estate of the non-governmental organization, the Municipal Planning Institute, as well as adopt means capable of acquiring and providing permanent material and those necessary for services, executing quantitative, qualitative and cost control;
V – Control and enforce the daily execution, or through hired servicers, of the activites in the areas of security, conservation, cleaning, transport, telephones, physical area hygene, and building and property maintenace;
VI – Elaborate studies, execute and supervise the commercialization of the products of the non-governmental organization, the Municipal Planning Institute;
VII – Elaborate and execute marketing plans for the non-governmental organization, the Municipal Planning Institute and its products through advertising, publicity and marketing;
VIII – Execute other duties passed down by the Director-President or the Director Superintendant;
IX – Carry out studies and surveys, under his/her coordenation, that give rise to the development and valorization of personnel, through graduate and betterment projects;
X – Register, select and follow up on interns in the public and private organizations;
XI – Elaborate and execute graduate programs and activities of betterment of temporary or permanent nature, at all levels and areas of professional activity;
XII – Sample, process and analyze data about the environment, water resources, public policies and municipal economies, foreseeing the implementation and development of Municipal Data Banks;
XIII – Elaborate studies and coordenate the execution of specialized services, including technical, administrative, assistance, consulting and others linked to the modernization of organizations;
XIV – Carry out other duties given by the Director-President and Director Superintendant;
XV – Carry out studies that foresee the elaboration of training programs and projects, under his/her coordenation and candidate selection;
XVI – Elaborate projects, coordenate and execute all of their stages, or partially the process of registration and selection of personnel;
XVII – Carry out, execute, and coordenate studies the foresee the elaboration of projects destined to promote personnel;
XVIII – Carry out the necessary studies for the implementation and follow-up of the Computer skills Plan Direct for the non-governmental organization, the Municipal Planning Institute;
XIX – Promote studies and methods that forsee the computerization of the operational processes of the non-governmental organization, the Municipal Planning Institute;
XX – Follow up on and elaborate on studies and projects of computer services for the public and private organizations;
XXI – Provide technical support to the users of the non-governmental organization, the Municipal Planning Institute;
XXII – Maintain and enforce the execution of, directly or through contracted servicers, the maintenance of the computer equipment and services of the non-governmental organization, the Municipal Planning Institute;
XXIII – Develop, as well as coordenate, studies and projects that foresee the use of electronic data processing in the selection of personnel as well as in their reports.

CHAPTER VI
OF EXTINGUISHMENT

Art. 19. The non-governmental organization, the Municipal Planning will be extinguished under the terms of civil legislation or through a 2/3 (two thirds) decision of the General Assembly.

FIRST PARAGRAPH – After being extinguished, the respective liquid patrimony will be transferred to another non-profit institution, private or public, preferrably with the same social objective.

SECOND PARAGRAPH – In the case that the non-governmental organization, the Municipal Planning Institute, loses its qualifications instituted by Law no. 9790/99, the respective patrimonial estate, aquired through public resources over the period that the qualification lasted, will be transferred to another qualified entity under the terms of the referred law, and should be destined for a similar non-proft institution, public or private,will objectives similar to those described in article 2.

CHAPTER VII
OF GENERAL AND TRANSITORY DISPOSITIONS

Art. 20. The non-governmental organization, the Municipal Planning Institute will possess its own personnel panel upheld by the Consolidation fo Labor Laws, which will need to be approved by the General Assembly.

Art. 21. In order to realize its objectives the non-governmental organization, the Municipal Planning Institute will be able to count on temporarily contracted professionals, conforming with the current Statute.

Art. 22. The reelection of the Director-President or members of the Direct, Consult and Fiscal Counsels will be done every 4 (four) years.

Art. 23. Cases overlooked by this Statute will be resolved by the General Assembly.

Porto Alegre, 28 de fevereiro de 2005.