Rules of procedure of the State Advisory Council for Participation

Rules of procedure of the State Advisory Council for Participation in accordance with Section 17 Paragraph 9 of the Act to Promote Participation in the Migration Society (PartMigG) of July 5, 2021, as last amended by Article 5 of the Act of 09.02.2023 (GvBL. page 30)

§ 1 Mission and mission statement

(1) The State Advisory Council for Participation (hereinafter State Advisory Council) is an important instrument in involving people with a history of migration and advising the Senate on issues in the migration society.

(2) The State Advisory Council is actively committed to a culture of appreciation and diversity and resolutely opposes any discrimination, whether based on gender, ethnic origin, racist and sexist attribution, religion and belief, disability, chronic illness, age, language, sexual and gender identity or social status.

§ 2 Convocation and Management

(1) Meetings of the State Advisory Council are convened by the Senate member responsible for integration as presiding member and chaired by him. In case of failure, the Deputy Chairperson performs these duties. In agreement with the Chairman of the State Advisory Council, the Deputy Chairperson may delegate the task of chairing the meeting to a representative from the Senate Administration responsible for integration.

(2) If prevented, the Senate member responsible for integration may transfer his voting rights to a representative from the Senate Administration responsible for integration.

(3) The vice-presiding member should be elected for the respective parliamentary term at the latest at the meeting following the constituent session in accordance with Section 17 (5) PartMigG by an absolute majority of the voting members (13 votes). If none of the candidates achieves an absolute majority in the first round of voting, a simple majority of all voting members is sufficient in subsequent ballot rounds.

(4) The Deputy Chairman member is elected on the recommendation of representatives of persons within the meaning of Section 17 Paragraph 2 No. 1 and 2 PartMigG. Only one of the representatives elected in accordance with Section 17 Paragraph 2 No. 1 PartMigG may be elected as Deputy Chairman member. If the Deputy Chairperson leaves before the end of the parliamentary term, a new Deputy Chairperson shall be elected for the rest of the time at the next ordinary State Advisory Board meeting, again on the suggestion of representatives of persons within the meaning of Section 17 Paragraph 2 No. 1 and 2 PartMigG.

(5) The Deputy Chairperson is in contact and is the contact person for the appointed members in accordance with Section 17 Paragraph 2 No. 5 PartMigG and represents the interests of the 13 elected representatives in accordance with Section 17 Paragraph 2 No. 1 PartMigG and their representatives in accordance with Section 17 Paragraph 5 PartMigG.

§ 3 Meetings

(1) Ordinary meetings of the State Advisory Council are generally held four times a year, but they must take place at least once per calendar half.

(2) Extraordinary meetings may be convened by the presiding member. They must be convened by him if the absolute majority of the voting members (13 votes) request this in writing or electronically from the office of the State Advisory Council. Paragraph 3 applies mutatis mutandis. § 2 (1) of the Rules of Procedure (GO) does not apply.

(3) Suggestions from the members of the State Advisory Council on the agenda, including the associated documents, must be received by the office of the State Advisory Council no later than four weeks before the day of the meeting. The presiding member and the vice-chairperson shall set the provisional agenda. The invitation to the meeting, together with the agenda and meeting documents, will be sent electronically to the members two weeks before the date of the meeting. Senate administrations also receive an invitation with reference to Section 17 (4) PartMigG.

(4) In urgent matters, by way of derogation from paragraph 3, an agenda item may be approved at the meeting by an absolute majority of the voting members (13 votes).

§ 4 Attendance at meetings

(1) The voting member and the advisory member should attend the meetings of the State Advisory Council. If participation is prevented or if the content of participation is indicated, the delegate will participate. With the exception of Section 2 (2) of the Rules of Procedure, the voting rights of the member to be represented may only be exercised by the deputy member.

(2) If a member with voting rights is prevented, he must immediately inform his deputy and the office of the State Advisory Council. The invitation to the meeting must indicate this obligation. If an elected voting member and his representative remain absent without apology for more than two meetings in a row, the State Advisory Council may transfer their voting rights to another elected deputy member by resolution.

(3) Senate administrations attend meetings in accordance with Section 17 (4) PartMigG.

(4) The State Advisory Council decides on the admission of advisory members and their deputy members by a simple majority of votes.

(5) The meetings of the State Advisory Council are not public. Guests may be invited by the Chair to discuss individual agenda items.

§ 5 Resolution

(1) The state advisory board has a quorum when at least the absolute majority of the voting members (13) are present.

(2) The State Advisory Council shall take its decisions, unless otherwise stated, by a simple majority of the members with voting rights. Voting is usually done by show of hands.

(3) In votes, abstentions and invalid votes are included to determine the quorum of the State Advisory Council; they are not taken into account when determining the required majority.

(4) The decisions of the State Advisory Council are published on the website of the Berlin Senate Commissioner for Participation, Integration and Migration.

§ 6 Rules of Speech

(1) The speaking time for individual members' speeches during debates should generally not exceed three minutes.

(2) The debate shall end when the speech list has been completed or after the voting members have decided on a request to close the debate.

§ 7 Working groups

(1) The tasks to be carried out by the State Advisory Council may be delegated temporarily or permanently for the duration of its parliamentary term by an absolute majority of the voting members (13 votes) to individual members or working groups to be formed.

(2) The members with voting rights in accordance with Section 17 Paragraph 2 PartMigG, advisory members in accordance with Section 17 Paragraph 3 PartMigG, the representatives of the Senate Administrations in accordance with Section 17 Paragraph 4 PartMigG and the delegates in accordance with Section 17 Paragraph 5 PartMigG work together. Senate administrations in accordance with Section 17 (4) PartMigG should in any case participate on a topic-related basis at the request of the working groups.

(3) Meetings of a working group are convened by the member acting as spokesperson. Section 3 (3) p. 2 GO applies mutatis mutandis. Representatives in accordance with Section 17 Paragraph 2 No. 1 PartMigG as well as representatives in accordance with Section 17 Paragraph 5 PartMigG may run for office as spokesperson. They are elected by the AG members in the respective AG by a simple majority.

(4) The meetings of the working groups are not public. Unique guests and permanent non-voting external persons can attend meetings at the invitation of the AG.

(5) Members of the State Advisory Council who belong to the working group are eligible to apply to the working group. Resolutions require a majority of the voting members present. Resolutions of the working groups must be submitted to the State Advisory Council for resolution.

(6) The working group shall report to the State Advisory Council on every state advisory board meeting upon request.

(7) Minutes of the meetings of the working groups, including any decisions, are drawn up, which are transmitted to the members of the respective working group and to the office.

§ 8 Submission of members to other committees

(1) Insofar as it is provided by law that the State Advisory Council is entitled to send members to committees, these are determined by election by a simple majority of the votes cast on the basis of the elected representatives in accordance with Section 17 (2) No. 1 PartMigG. In the event of prevention, the respective deputy member to be appointed is also elected. The same applies to bodies for which such a secondment is not intended but is possible.

(2) On request, the seconded members report to the State Advisory Council from the respective committee meeting.

§ 9 Finances

(1) In the course of the financial year, the elected representatives in accordance with Section 17 Paragraph 2 No. 1 PartMigG and their representatives in accordance with Section 17 Paragraph 5 PartMigG have access to the budget resources allocated to the State Advisory Council. These funds can be used in accordance with the state budget regulations (LHO) after consultation with the office.

(2) The spokesperson team can provide the office with an annual plan with regard to the projects and needs of the elected representatives.

§ 10 Office

(1) The business of the State Advisory Council is managed by the Senate Administration responsible for integration.

(2) The office is in particular responsible for sending out the invitation and agenda with the meeting documents and meeting minutes in due time.

§ 11 Spokesperson team

(1) The spokesperson team of the State Advisory Council consists of three elected members from among the 13 elected representatives in accordance with Section 17 Paragraph 2 No. 1 PartMigG and their representatives in accordance with Section 17 Paragraph 5 PartMigG. The 13 elected representatives are eligible to vote in accordance with Section 17 Paragraph 2 No. 1 PartMigG and their representatives in accordance with Section 17 Paragraph 5 PartMigG, who are also entitled to run for office. The vice-chairman member cannot become part of the spokesperson team. The speakers take part in the meetings of the State Advisory Council.

(2) The term of office of the spokespersons begins with the election at the beginning of the term of office of the State Advisory Council and ends with the election of the new State Advisory Council. The team should be intersectional and diverse. The election is carried out internally and by a simple majority of the elected representatives present in accordance with Section 17 Paragraph 2 No. 1 PartMigG and their representatives in accordance with Section 17 Paragraph 5 PartMigG.

(3) External persons cannot be co-opted for the spokesperson team. Should a spokesperson resign, the replacement will be carried out by an extraordinary meeting of the elected representatives in accordance with Section 17 Paragraph 2 No. 1 PartMigG and their deputies in accordance with Section 17 Paragraph 5 PartMigG to carry out by-elections.

(4) The speakers have the following tasks:

1. Representing the jointly agreed positions of the 13 elected representatives in accordance with Section 17 Paragraph 2 No. 1 PartMigG and their delegates in accordance with Section 17 Paragraph 5 PartMigG to the public.

2. Function as the first point of contact for media, civil society and politics.

3. Forwarding technical policy inquiries to representatives of the respective working groups and their members in order to draw on their technical expertise.

4. Distribution of administrative tasks among the three spokespersons, including managing social media/Instagram and communication between the office and the elected members.

5. Forwarding inquiries for podiums and other events to the relevant working groups.

6. Submission of the annual financial plans of the elected representatives in accordance with Section 10 (2) of the Rules of Procedure.

§ 12 Trusted person

A trusted person is elected from among the 13 elected representatives in accordance with Section 17 Paragraph 2 No. 1 PartMigG and their deputies in accordance with Section 17 Paragraph 5 PartMigG, the representative of the Advisory Council for Roma and Sinti Affairs in accordance with Section 17 Paragraph 2 No. 5 PartMigG and serves as a contact person in the event of disagreements and conflicts which relate to the content cooperation and guiding ideas of the Advisory Board. It is elected by a simple majority and mediates internal conflicts within the State Advisory Council.

Section 13 Suspension

(1) Members may be suspended from the State Advisory Council if they damage the State Advisory Council or violate the guidelines of these rules of procedure.

(2) With the approval of an absolute majority of the voting members (13 votes), the State Advisory Council may suspend a state advisory board member for a period of up to three months for the following reasons:

1. The member has particularly harmed the State Advisory Council through public statements or conduct.

2. The member has seriously breached the guidelines of these Rules of Procedure.

(3) The membership of members who have been suspended is suspended for the duration of the suspension. In the event of repeated misconduct within the meaning of paragraph 2, several successive suspensions are possible. For the suspended member, her deputy may attend the meeting in accordance with Section 17 (5) PartMigG.

Section 14 Entry into force of the rules of procedure and amendments

(1) The rules of procedure shall enter into force upon adoption of a resolution.

(2) The State Advisory Council may amend the rules of procedure by an absolute majority of the voting members (13 votes).