REGULATION on the Joint Commission (RCPar) - Representation of Staff Associations (RCPAR)

1. The unions and umbrella associations of the staff (hereinafter: the associations), recognized by the Council of State in accordance with the law of November 12, 2001, on the personnel of the State of Vaud [A] (hereinafter: Lpers.), are represented within the Joint Commission (hereinafter: COPAR).

1. Before the start of each legislature, the recognized associations shall communicate to the Council of State the allocation among them of the seats that are reserved for them.

2. In the event of a disagreement concerning the allocation, Article 3 of these regulations shall apply.

1. Any disputes regarding the allocation of seats are submitted to an arbitrator, no later than six months before the start of the legislature.

2. The President of the Cantonal Court appoints the arbitrator.

3. The provisions of the Concordat of August 27, 1969, on Arbitration [B] apply.

1. Distribution of Seats Established, Associations Shall Without Delay Transmit the Name of Their Representatives to the Council of State.

1. After being appointed, the members shall meet to elect the president and form the bureau, within a period of no more than one month following the convocation by the secretariat.

2. The personnel service shall provide the secretariat for the COPAR and supply the necessary material assistance.

1. The appointed members elect the president by secret ballot.

2. The elected president becomes a member of the COPAR.

1. The COPAR constitutes a bureau.

2. The bureau is composed of the president and two vice-presidents.

3. The State representatives and the staff representatives each appoint a vice-president.

1. The bureau is competent to prepare the sessions and to represent the COPAR in all tasks entrusted to it.

1. The alternate temporarily replaces the member of their association or until the end of the legislative term if the latter resigns.

2. In the latter case, the Council of State appoints a new alternate upon the proposal of the concerned association.

1. The COPAR meets in ordinary session, in principle, once per semester upon the convocation of its president.

2. Extraordinary sessions may be held at the initiative of its president or three of its members.

1. The COPAR meetings are held in closed session.

2. The COPAR validly holds a session if at least seven members are present.

3. If the quorum is not met, the chairperson acknowledges it and calls the members to a new session.

1. The president directs the debates. He may express his opinion but does not participate in the vote.

2. In the event of a tie, the president has the casting vote.

1. Employees of an administrative entity or service, who wish to contest a decision regarding the arrangement of working time, may appeal to the COPAR.

2. The appeal must be filed within sixty days from the receipt of the decision.

3. The appeal must contain a brief statement of the facts, the grounds for the appeal, and the conclusions.

1. Upon receipt of the appeal, the COPAR summons and hears the parties. It attempts conciliation.

1. In the event of failure, it proceeds with the investigation.

2. It may order the administration of the means of evidence it deems necessary.

1. Upon conclusion of the investigation, the COPAR deliberates and rules without delay.

2. It notifies its decision to the parties and sends a copy to the Personnel Service and the head of the relevant department.

1. When COPAR is called upon to provide its opinion, the president convenes its members. COPAR determines its own competence.

2. COPAR may request additional information and, if necessary, hear from experts.

3. Its opinion is given, in the form of a report, to the party that requested it.

1. Upon convocation by the COPAR, any collaborator may freely express themselves before it regarding facts of which they have become aware in the performance of their duties.

2. They inform the appointing authority of their hearing; the latter delineates, if necessary, the facts on which the collaborator may express themselves, drawing inspiration from the definition of a prevailing public or private interest.

1. Members and alternates are required to exercise discretion regarding the matters dealt with.

2. In the event of a breach of this obligation, the COPAR may propose to the Council of State to exclude the incriminated member.

1. For the remainder, the provisions of the law on administrative jurisdiction and procedure of December 18, 1989 [C] apply by analogy.

1. The members of the COPAR have the necessary time to accomplish their task.

1. Members who are not state employees receive a session allowance in accordance with the Council of State's decree of 19 October 1977 on commissions [D].

2. All members are also entitled to reimbursement of their transportation expenses.

1. The Order of July 2, 1948, concerning the Joint Commission established by the Law of June 9, 1947, on the general status of cantonal public functions and the regulations of the Joint Commission of December 12, 1947, are hereby repealed.

1. The Department of Finance is responsible for the implementation of this regulation, which comes into effect on January 1, 2003.