Facilities (SPEV)

1. The following residential and educational institutions are considered cantonal institutions of the Directorate of Interior and Justice (DIJ)

a. Lory Youth Home (JHL),

b. Cantonal Observation Station Bolligen (BeoB),

c. Center for Social and Special Education Landorf Köniz-Schlössli Kehrsatz (ZSHKK),

d. School Home Schloss Erlach (SHE).

1. The institutions are administratively and organizationally affiliated with the Cantonal Youth Office (KJA).

2. They particularly ensure the provision of services for children with special support and protection needs, as well as a special elementary school offering.

1. The overall manager or director of the respective institution is referred to in this regulation as the leadership person.

2. The leadership person

a) is responsible for the operational management of the institution,

b) establishes the essential organizational and educational foundations in a business concept,

c) develops the regulations in accordance with Article 21l paragraph 1 letter e of the Public School Act of March 19, 1992 (PSA).

1. The rights and obligations of teachers are governed by the provisions of the legislation concerning the employment of teachers.

2. The rights and obligations of other staff members are governed by the provisions of the personnel legislation.

1. The commissions are the strategic governing body and the superior organizational unit of the respective institutions.

2. They issue the commission regulations.

3. The commission regulations govern the organization and duties of the commissions and must be approved by the Director of Internal Affairs and Justice.

**1. The Commissions**

a. assume the strategic leadership and internal supervision of the institutions,

b. issue the operational concepts of the institutions,

c. issue the regulations according to Article 21l paragraph 1 letter e VSG and submit an application for approval to the competent authority of the Department of Education and Culture (BKD),

d. review the budget proposals in consultation with the General Secretariat DIJ and submit them to the KJA for approval,

e. acknowledge the annual financial statements,

f. apply to the General Secretariat DIJ for the provision and adaptation of buildings and facilities,

g. prepare the job descriptions of the respective leadership positions and apply for their approval from the KJA,

h. conduct the recruitment process for newly filled leadership positions and apply to the KJA for the corresponding appointments,

i. approve the applications of the leadership personnel concerning their deputies,

k. conduct periodic, but at least annual, performance reviews with the respective leadership personnel, submit the results for the KJA's information, and involve the head if necessary,

l. represent the institutions externally, insofar as this task has not been delegated to the leadership personnel or falls within the responsibility of the DIJ,

m. sign the performance agreements with the competent authorities,

n. may conclude agreements for additional services,

o. may assume further tasks assigned to them by the regulation.

1. The commissions consist of at least five and no more than nine members.

2. The members are independent experts from the operational management and other suitable individuals who possess the necessary professional competencies such as business administration, human resources, care, or education required for the fulfillment of their duties.

3. The genders are appropriately represented.

1. The President and the members of the commissions are elected by the Director of Internal Affairs and Justice upon the request of the Head of the KJA for a term of office of four years; re-election is permitted.

2. The commissions constitute themselves.

1. The Secretariat of the Commissions is the responsibility of the respective institutions.

The President convenes the commission for meetings as often as business requires.

1. Urgent matters and matters of minor importance may be dealt with by circulation.

2. For decisions made by circulation, the absolute majority of all members is required for the adoption of a resolution.

1. In commission meetings, each member has one vote; in the event of a tie, the president casts the deciding vote.

2. Invited leaders and experts participate in the meetings with an advisory vote.

The commissions are quorate when the majority of the members attend the meeting.

1. A record shall be kept of the proceedings of the commissions.

1. Members shall receive

a) an attendance fee of no more than 250 Swiss Francs for commission meetings, with any applicable reimbursement of expenses being in accordance with the provisions of the personnel legislation and the expense regulations of the DIJ,

b) an attendance fee of no more than 250 Swiss Francs for meetings of permanent bodies.

c) additional compensation if they act on behalf of the commission and this results in extraordinary and demonstrably increased effort.

2. The President shall additionally receive an annual lump-sum compensation of no more than 5000 Swiss Francs.

3. The amount of compensation shall be determined within the framework of the aforementioned maximum amounts in the respective commission regulations.

The Director of Internal Affairs and Justice shall establish the commissions for the first time on January 1, 2023.

The initial issuance of the commission regulations shall be carried out by the Director of Internal Affairs and Justice.

1. Articles 1, 2, 3, and 4 paragraph 2 as well as Articles 5, 6, and 9 to 14 are applicable from January 1, 2023.

2. Article 4 paragraph 1 is applicable from August 1, 2024.

1. The employment relationships of the BeoB are governed by the cantonal personnel legislation until July 31, 2024.

1. The following enactments shall be amended

1. Ordinance of 18 October 1995 on the Organization and Duties of the Directorate of Internal and Justice Affairs (Organizational Ordinance DIJ, OrV DIJ)[[4]](#enumeration_itemtext_content_fn_2366385_2_4_c),

2. Public School Ordinance of 10 January 2013 (PSO)[[5]](#enumeration_itemtext_content_fn_2366386_2_5_c), and

3. Ordinance of 10 November 2021 on the Special Public School Offerings (SPSO)[[6]](#enumeration_itemtext_content_fn_2366387_2_6_c).

1. This regulation shall enter into force on September 1, 2022.