Position (GESCHRSBEO)

1. Subject to the duties and powers of the judicial administration management, the Superior Court, and the Regional Court of Emmental-Oberaargau, the regional conciliation authority Emmental-Oberaargau is autonomous in administration and organization.

2. Where necessary, the managing director coordinates with the leadership bodies of the other civil and criminal court authorities located in the Emmental-Oberaargau region and the Superior Court.

1. The governing bodies shall observe mutatis mutandis the general principles of financial and performance management pursuant to Article 3 of the Financial Budget Act of 15 June 2022 (FHG).

2. The conciliation authority is committed, both internally and externally, to the principle of transparency and the right to information, while respecting official secrecy and data protection.

1. The organs of the Conciliation Authority are

a) the Chairpersons' Conference,

b) the Managing Director,

c) the Deputy Managing Director,

d) the Chief Judicial Clerk.

1. All the ordinarily elected chairpersons assigned to the Conciliation Authority by the Higher Court form the Chairpersons' Conference.

2. Each chairperson is entitled to one vote, irrespective of the level of employment.

3. The chairpersons appointed on an extraordinary basis may participate in the Chairpersons' Conference with an advisory vote. After a deployment period of six months, they have the right to vote like the ordinarily elected chairpersons.

4. The managing director assumes the chair of the Chairpersons' Conference.

1. The Conference of Chairs submits to the High Court the election of a Chairperson as the Chief Executive Officer for a term of three years (Art. 86 para. 2 GSOG).

2. It elects

a) the Deputy of the Chief Executive Officer,

b) the Senior Court Clerk.

3. It is responsible for hiring and determining the employment rate of the other staff.

4. It determines the scope, nature, and organization of legal advice.

5. It determines the relief from ordinary duties for the Chief Executive Officer and their deputy.

6. It determines the relief from ordinary duties for the Senior Court Clerk.

7. It is responsible for drafting the resource agreement with the High Court.

8. It is, subject to the approval of the High Court, responsible for the issuance and amendment of these business regulations.

1. The Conference of Chairpersons shall be convened by the Executive Director,

a) whenever a matter requires assessment,

b) if requested by two chairpersons, with such a request to be submitted to the Executive Director along with the items to be discussed,

c) but at least once per year.

2. Eligible participants shall be summoned to the meetings in writing (including via email).

3. The Chief Court Clerk shall attend the meetings in an advisory capacity.

4. The notice of convening should generally be given ten days before the meeting date, including the agenda and any relevant documents.

1. The Conference of Chairpersons passes resolutions by a relative majority of votes cast. For a resolution to be valid, more than half of all members must participate in the meeting.

2. In the event of a tie vote, decisions are made as follows

a) for resolutions: the deciding vote is cast by the executive director;

b) for elections: by drawing lots.

3. Circulation resolutions are permissible. In such cases, votes are cast in writing (including via email) by sending the appropriate declaration to the executive director.

1. The Managing Director ensures the orderly conduct of business of the Conciliation Authority. He or she is responsible for the administration of the Conciliation Authority and is responsible for all matters not assigned to another body, in particular for

a. Representing the Conciliation Authority to the Higher Court and externally,

b. The development and conclusion of the agreement with the Regional Court Emmental-Oberaargau,

c. Representing the Conciliation Authority in the Regional Court Emmental-Oberaargau and safeguarding its interests in the Extended Executive Board of the Higher Court,

d. Managing the resources available to the Conciliation Authority,

e. Personnel matters of the Conciliation Authority, insofar as the Chairpersons' Conference is not responsible,

f. Ensuring high professional and social competence of the employees,

g. Conducting performance reviews with the Deputy, the Chairpersons, the judicial clerks, and the court secretaries,

h. Overseeing secretarial operations,

i. Overseeing accounting,

k. Regulation of the workload balance among the chairpersons,

l. ...

m. Deployment of temporary staff from other authorities as designated by the Higher Court,

n. Convening and leading meetings of the Chairpersons' Conference,

o. Execution of the resolutions of the Chairpersons' Conference,

p. Maintaining contact with and providing information to specialized judges,

q. Establishing principles regarding registration, dossier management, and archiving,

r. Ensuring training that meets needs,

s. Drafting and adopting the security concept and house rules,

t. Implementation of data protection legislation, insofar as it is applicable,

u. Securing electronic data, especially by issuing access restrictions and instructions.

2. He or she can delegate the handling of business and tasks to the senior judicial clerk or individual chairpersons.

The deputy supports the managing director in fulfilling their duties and represents them in the event of their absence.

1. The Chief Court Clerk supports the Director of Administration and records the minutes at the meetings of the Chairpersons' Conference.

2. They coordinate and delegate the additional tasks of the court clerks and court secretaries.

3. Further duties are defined by the Chairpersons' Conference upon the proposal of the Director of Administration.

1. The Secretariat is managed by a Director.

2. He or she is responsible for

a the supervision of learners,

b other specific tasks assigned to him or her.

1. For transactions that fall within the jurisdiction of the Conciliation Authority, the manager or the director shall sign.

2. In all other cases, signing authority is determined according to the assigned tasks. Delegation is permissible.

3. Other applicable provisions remain reserved.

1. The Managing Director is authorized to approve expenditures for administrative tasks up to an amount of 30,000 Swiss Francs at their own discretion. Delegation to the deputy of the Managing Director or to the person responsible for resources at the Regional Court of Emmental-Oberaargau is possible.

2. Expenditures exceeding 30,000 Swiss Francs require expenditure approval by the Executive Board of the Superior Court.

1. For expenditures related to civil procedure matters, financial approval serves as authorization for expenses regardless of the amount (Art. 31, Para. 1, Letter e of the Financial Budget Ordinance of November 16, 2022 [FHaV]).

2. The procedural management is responsible for the substantive review of expenditures. If financial approval is required for an expense, the substantive review is undertaken by the court clerk assigned to the specific procedure. Delegation to the deputy of the responsible court clerk is permissible.

3. Financial approval is granted

a. For expenditures up to an amount of 30,000 Swiss Francs by the managing director or their deputy,

b. For expenditures over 30,000 Swiss Francs by the managing director.

1. The Managing Director shall inform the staff in an appropriate manner about her or his activities.

1. A record of the motions and resolutions of the Chairpersons' Conference shall be prepared, which shall also provide a summary of the deliberations.

2. The record shall be sent to the chairpersons in writing (via email) within five days of the meeting.

3. Any amendments and corrections must be submitted in writing within five days.

4. The rest of the staff shall be informed of the resolutions through excerpts from the record or in another suitable form by the managing director.

The Chairpersons have access to all files of the Chairpersons' Conference.

They have the right to inspect the files of the Managing Director, insofar as they are personally affected or when they need them for the performance of their duties.

1. The conciliation authority is composed of

a) the regularly elected chairpersons,

b) the extraordinary chairpersons appointed by the superior court,

c) the legal clerks,

d) the parity representatives for labor law and tenancy law disputes (specialist judges),

e) the court secretaries,

f) the legal trainees and apprentices.

1. The chairpersons ensure high-quality and efficient legal advice and mediation.

2. They fulfill other tasks assigned to them in the legislation.

1. The Employment Degree of the Chairpersons is determined by the election through the Grand Council. Any changes to the Employment Degree during the term of office are decided by the Executive Board of the Supreme Court. There is no entitlement to a change in the Employment Degree.

1. Applications by chairpersons for approval of secondary employment or public offices must be submitted to the Executive Director with all necessary information. The Executive Director shall forward them, along with their remarks and any potential proposals, to the Executive Board of the Supreme Court.

**The Executive Director's Authority Regarding Security Measures**

The Executive Director is authorized to issue directives for the protection of individuals and property, particularly to order general entrance controls to the building and courtrooms, to arrange for personal and luggage inspections, and to expel individuals from the building.

In individual cases, security measures may also be ordered by the respective proceedings' manager, if possible, in consultation with the Executive Director.

1. All employees are obligated to confidentiality regarding facts they become aware of while performing their official duties at the conciliation authority.

2. The official secret applies also to experts, interpreters, and other participants. They must be made aware by the procedure management of the confidentiality obligation and the criminal consequences if they breach it.

3. The release from the obligation of official secrecy is decided by the management of the High Court.

1. At the sessions of the Arbitration Authority, the chairpersons, court clerks, court secretaries, specialized judges, and the representatives of the parties must appear in appropriate attire.

1. Conflicts between employees should be resolved internally whenever possible.

2. The parties involved are required to first seek to have a discussion among themselves and with a contact person appointed by the managing director.

3. If no agreement can be reached, the matter shall be submitted to the managing director. The managing director will take appropriate measures and may involve the higher court.

4. If the matter could be of significance within the scope of supervision, the managing director shall inform the higher court.

1. This regulation shall enter into force on January 1, 2011.

2. It shall be incorporated into the Official Collection of Laws of Bern.