Subject Matter (DELDVSID)

This regulation governs the delegation of personnel and expenditure authority from the Security Directorate to its subordinate organizational units. Furthermore, it governs the delegation of other decision-making and disposal powers, subject to special statutory provisions.

1. The Secretary General, the heads of offices, as well as the Chief of Police, are responsible for the employment of staff within their area of responsibility, subject to Articles 4 to 6.

2. In the event of an impediment, the authority pursuant to paragraph 1 shall be assumed by the deputies.

1. The Head of the Office of Corrections (AJV) is responsible for the appointment of their deputy and for the employment of the executive management members.

a) The heads of the divisions are responsible for the employment of the heads of the departments. These appointments must be approved in advance by the Head of the AJV.

b) The heads of the departments are responsible for the employment of their employees.

2. In the event of an impediment, the powers are transferred to the respective deputies.

1. The Head of the Road Traffic and Shipping Office (RTSO) is responsible for the appointment of management staff from the level of department head upwards. In the event of an impediment, the authority is delegated to the deputy. The appointment of other employees of the organizational unit is carried out by the personnel officers of the central personnel service, in consultation with the line managers of the affected departments.

2. The termination of employment relationships is carried out by the Head of the Office. In the event of an impediment, the authority is delegated to the deputy.

**Article Title: Responsibilities for Appointments in Police Positions**

The Chief of Police is responsible for appointments to positions at management levels 3 and 4. The Head of the Resources and Services Department (R+DL) is responsible for the appointment of all other staff. This authority may be wholly or partially delegated to the Head of Human Resources.

In the event of an absence, the authority mentioned in paragraph 1 shall be assigned to the deputies.

1. The Secretary-General, the heads of departments, and the Chief of Police manage the staffing plan according to Article 12, Paragraph 1 of the Personnel Ordinance (PV) within the framework of the authorized staff levels approved annually by the Director of Security for each department.

1. The authority to grant the following personnel-related approvals and orders follows the responsibility for establishing employment relationships, subject to paragraphs 2 to 7

a. Determination of the place of actual performance of work (Art. 8 para. 2 Public Service Law - PV),

b. **\* ...

c. Conversion of the loyalty bonus into remuneration (Art. 99 para. 1 PV),

d. Approval of higher allowances for meals and accommodation (Art. 107 PV),

e. Authorization for official use of private motor vehicles (Art. 113 para. 1 PV),

f. **\* Ordering on-call duty (Art. 84a et seq. PV),

g. **\* Ordering a deviation from the standard working hours framework (Art. 125 PV) and the annual working time model (Art. 136a paras. 1 and 2 and Art. 136b PV) as well as making special arrangements according to Article 126 para. 3 PV),

h. Authorization of paid short leave (Art. 156 paras. 1 and 4 PV),

i. **\* Authorization of unpaid leave (Art. 157 para. 1 PV),

k. **\* Authorization of leave for attending external training events (Art. 175 para. 2 PV),

l. **\* Awarding performance bonuses and setting the starting salary (Art. 85 para. 1 and Art. 38 para. 1 PV),

m. **\* Approval of expense claims (Art. 102 para. 1 PV),

n. **\* Approval of vacation dates (Art. 143 para. 1 PV),

o. **\* Withdrawal from long-term account balances (Art. 160c para. 1 PV).

2. For directorate executive positions according to Article 14 paragraph 1 letters a, c, and e of the SID Ordinance (OrV SID), the responsibility lies with the Security Director, for those according to Article 14 paragraph 1 letter b OrV SID with the Secretary-General, and for those according to Article 14 paragraph 1 letter d OrV SID with the Police Commander.

3. The personnel-related approvals according to paragraph 1 letters c, f, g, i, k, and l are granted within the SVSA by the department heads, in consultation with the personnel officers of the central personnel service. The approvals according to paragraph 1 letter h are granted by the personnel officers, and those according to paragraph 1 letters d and e by the department heads.

4. The personnel-related approvals according to paragraph 1 letters c, e, h, m, n, and o in the Office for Civil Protection, Sports, and Military (BSM) are granted by the department heads as well as the head of the Bernese Jura office. The same applies to the approvals according to paragraph 1 letter g, insofar as they do not concern deviations from the annual working time model, and paragraph 1 letter k, insofar as the training is not subject to repayment according to Articles 176 et seq. PV.

5. The personnel-related approvals according to paragraph 1 letters c, g, h, i, and k are granted by the Chief of Personnel Department at the Cantonal Police. In case of inability, the authority lies with the respective deputy.

6. The personnel-related approvals according to paragraph 1 letters d and e are granted by the department heads at management level 4 of the Cantonal Police in consultation with the personnel department.

7. The personnel-related approvals according to paragraph 1 letters m, n, and o are granted in the General Secretariat in consultation with the personnel department by the respective superiors.

8. The personnel-related approvals according to paragraph 1 letters e and g, insofar as it concerns orders of a deviation from the standard working hours framework, letter i and k, insofar as it concerns approval for attending non-repayable training events, as well as letter l and, subject to sentence 2, letter o are granted in the Office for Immigration Services (ABEV) by the department heads. The approvals according to paragraph 1 letters c, h, m, n, and o, insofar as it concerns paid leave up to two weeks, are granted by the direct superiors. In case of inability, the authority lies with the respective deputy.

1. The Director of Security shall authorize the following expenditures

a. new one-time expenditures from 200,001 to 500,000 Swiss Francs,

b. committed one-time expenditures from 500,001 to 1,000,000 Swiss Francs.

1. The Secretary General, heads of departments, and the Chief of Police authorize

a) new one-time expenditures up to 200,000 francs,

b) new recurring expenditures up to 100,000 francs,

c) committed one-time expenditures up to 500,000 francs,

d) committed recurring expenditures up to 200,000 francs.

2. In the event of incapacity, these expenditure authorizations extend to their respective deputies.

1. The authority to incur expenses by the head of the AJV is delegated to the positions specified in Annex 1.

1a. In any case, the next higher financial authority of the AJV and the business unit Management, Services & Development must be informed.

2. In the event of absence, this authority to incur expenses extends to the respective deputies.

The expenditure authority of the head of office of the SVSA is delegated to the department heads according to the areas of responsibility assigned to them.

In the event of absence, this expenditure authority extends to the respective deputies.

Subject to prior approval, expenditures must be explicitly sanctioned by the head of office due to specific fiscal directives of the Great Council or the Government Council, as well as for any expenditures exceeding 20,000 Swiss Francs and requiring a prior transfer of credit from one type of cost to another. All fundamental decisions and actions associated with recurring costs require the approval of the head of office.

**1. Delegation of Expenditure Authority**

The expenditure authority of the Head of Office of the BSM is delegated up to 30,000 francs to the Chief of Staff, the Heads of Departments, and the Head of the Bernese Jura Office, insofar as the expenses pertain to their respective organizational units. In cases of unavailability, this expenditure authority extends to their respective deputies.

1. The expenditure authority of the Chief of Police is delegated to the designated offices according to Appendix 2 (Financial Authorities of the Cantonal Police).

2. In the event of prevention, this expenditure authority extends to the respective deputies.

**Expenditure Authority of the Head of the ABEV**

The expenditure authority of the head of the ABEV is delegated to the heads of departments for expenditures up to 30,000 francs, in accordance with their assigned areas of responsibility.

Subject to cases as per paragraph 1, prior approval for expenditures by the department head is required based on specific financial policy directives from the Grand Council or the Government Council. All fundamental decisions and actions associated with recurring costs require the approval of the department head.

In the event of an absence, the expenditure authority as per paragraphs 1 and 2 extends to the respective deputies.

1. Any differing financial competencies according to the lottery legislation shall be reserved.

1. The decision-making and authority to issue directives within the offices and the cantonal police are primarily governed by existing special legal regulations, particularly in the areas of immigration and asylum law, civil status, citizenship, and the execution of sentences.

2. Insofar as neither these provisions nor the following stipulations contain special regulations, the respective office or the cantonal police is responsible.

1. Decision-making and authority responsibilities within the Directorate are primarily governed by existing special legal regulations. If there is no delegation, the Director of Security makes decisions, or in case of their prevention, their appointed deputy will act.

2. In cases of prevention, the Head of Legal Services represents the Deputy Legal Secretary General.

3. In the field of administrative justice and state liability matters, the Head of Legal Services is responsible for consultations, orders of dismissal, and independently contestable interim orders and decisions, as well as decisions concerning legal aid, unless addressed in the main decision. In the event of their prevention, the powers are transferred to the designated deputy. Process-related orders are under the responsibility of the legal service's research staff.

4. The Head of Funds and Permits is responsible for authorizing small games according to gambling legislation, or in their absence, their appointed deputy will take over.

1. Where in specialized legislation the SVSA or the corresponding competent cantonal authority or office is designated as responsible for decisions and orders, this competence is transferred to the affected department or, in matters of mass processing, to the relevant specialized area.

2. The department responsible for responses in appeal proceedings is the Administrative Traffic Safety Department within the ADMAS and Appeals Commission sector; in other cases, it is the Staff/Legal Service.

1. Where cantonal police are designated as the decision-making and regulatory authority in specific legislation, this responsibility is carried out by the police commander, the deputy police commander, the acting police commander, or the acting deputy police commander. Specific duties within the judicial police domain under the Swiss Criminal Procedure Code of 5 October 2007 (Criminal Procedure Code, CPC) and the following cases are reserved

a) Confiscation and seizure of weapons and the return of seized weapons (Articles 1 to 3 of the Ordinance of 15 December 2004 on the Implementation of Federal Weapons Law [Cantonal Weapons Ordinance, CWO]): Employee of the Weapons, Explosives and Commerce Division (WEC), R+DL,

b) Issuance and revocation of a weapons acquisition permit (Article 1 CWO): Employee of the WEC Division, R+DL,

c) Issuance and revocation of acquisition permits for explosives (Articles 1 and 3 of the Ordinance of 15 December 2004 on the Federal Law on Explosive Substances [Cantonal Explosives Ordinance, CExO]): Employee of the WEC Division, R+DL,

d) Securing of vehicles (Article 7 of the Road Traffic Ordinance of 20 October 2004 [RTVO]): Employees of the regional police, Crime Division (CD), Traffic, Environment and Prevention Division (TEP), and the Planning and Operations Division (P+E),

e) Securing of other items (Article 101 of the Police Act of 10 February 2019 [PolA]): Employees of the regional police, CD, and the TEP Division,

f) Permits according to Article 67 of the Federal Signage Ordinance of 5 September 1979 (FSO): Head of the Traffic Division within the TEP Division,

g) Issuance and revocation of permits and recognitions for providing security services by private companies (Articles 2, 3, and 6 of the Act of 13 June 2018 on Providing Security Services by Private Entities [SSSPA]): Employee of the WEC Division, R+DL,

h) Information, access, correction, and destruction related to personal data, information, and files (Article 3 of the Introductory Act of 11 June 2009 to the Civil Procedure Code, the Criminal Procedure Code, and the Juvenile Criminal Procedure Code [IA CPC], Article 141 of the Police Act of 10 February 2019 [PolA], Articles 21 and 23 of the Data Protection Act of 19 February 1986 [DPA]): Head of Legal Affairs, R+DL,

i) Video surveillance in public places and for the protection of public buildings and installations (Articles 123 and 124 PolA): Head of Legal Affairs, R+DL,

k) Orders according to Article 251a letters b and c CPC: Employees of the regional police, CD, and the TEP and P+E Divisions.

2. In the following cases, the authority to issue orders is delegated to the respective division of the cantonal police, whereby the police commander specifies in a service order which employees with a police function within the respective division are authorized to sign

a) Removal and restraining order according to Article 83 PolA,

b) Perimeter order according to Article 2 paragraph 1 letter a of the Introductory Ordinance of 14 October 2009 on the Concordat on Measures Against Violence at Sporting Events,

c) Reporting obligation according to Article 2 paragraph 1 letter b of the Introductory Ordinance on the Concordat on Measures Against Violence at Sporting Events,

d) Police custody according to Article 2 paragraph 1 letter c of the Introductory Ordinance on the Concordat on Measures Against Violence at Sporting Events,

e) Provisional arrest according to Article 217 CPC,

f) Police detention according to Article 91 PolA.

3. In the event of an incapacitation, the powers under paragraphs 1 and 2 are assumed by the respective deputies.

1. Where in special legislation the BSM or the competent cantonal military authority is designated as the authority responsible for decisions and orders, this competence shall, in principle, be transferred to the relevant department. In the area of military service substitution, the authority to issue decisions and orders is delegated to the level of the specialist area. The district commander or the deputy is authorized to issue decisions and orders within their area of competence and in the area of disciplinary penalties.

2. The authority responsible for statements in appeal proceedings is the office, subject to the area of military service substitution, where the specialist area is responsible.

3. Orders and decisions in the area of the procurement procedures for the construction of sirens shall be issued at the office level.

1. Where in the special legislation the ABEV is designated as the authority responsible for decisions and orders, this responsibility is transferred to the relevant department.

2. The Office is responsible for consultations in appeal proceedings. The head of the office may delegate responsibility for specific areas to the department heads.

3. In the event of incapacity, the powers according to paragraphs 1 and 2 are assumed by the respective deputies.

1. Principally, the heads of the issuing and decision-making authorities sign, or in their absence, their deputies.

2. If technical, organizational (particularly a high number of similar decrees or official reports and actual mass orders), or managerial reasons suggest a delegation of the signature regulation, the line managers may determine in the regulation of the respective organizational unit which persons within the organizational unit or the departments and specialist areas are authorized to sign on their behalf.

3. In matters of particular importance, the Secretary General, the heads of offices, and the police commissioner sign at the level of the secretariat, office, and cantonal police. In their absence, this authority is granted to their deputies.

1. This Directive Regulation applies to all existing employment relationships and pending recruitment procedures at the time of its entry into force.

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