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Charter of Foundation of the
Federal Chancellor Willy Brandt Foundation
(a foundation of public law having legal capacity)
§ 1 Management of the Foundation
Agencies of the foundation are:
1. The Board of Trustees
2. The Board of Governors
Management of the Foundation is incumbent on the above.
§ 2 Board of Trustees
(1) The Board of Trustees decides on
- all fundamental questions pertaining to the functions of the Foundation,
- appointing and removing members of the Board of Governors as well as determining the President of the Board of Governors,
- appointing members of the International Advisory Board,
- the focal points of the foundation`s work,
- the guidelines for use of foundation facilities,
- determining the annual budget,
- discharging the Board of Governors.
(2) Meetings of the Board of Trustees shall take place at least once yearly. The President of the Board of Trustees (his deputy in case of his disability) calls the meetings of the Board. He is required to if at least two members of the Board request in writing that a meeting be called.
(3) The presence of at least four fifths of its members is required for the Board to have a quorum, including if necessary the proxies of disabled regular members. In addition to the regular member, his proxy may attend meetings in an advisory capacity.
(4) As far as nothing otherwise has been determined by law, the Board will reach its decisions with a four-fifths majority of its members.
(5) The members of the Board of Governors and representatives of the Federal Government`s Deputy for Media and Cultural Affairs are entitled to participate in meetings of the Board of Trustees. Particulars can be regulated by rules of procedure which the Board of Trustees may determine at the recommendation of the Board of Governors.
§ 3 Board of Governors
(1) The Board of Governors is appointed by the Board of Trustees for a term of four years. Each member of the Board of Governors remains in office until the appointment of his successor. Reappointment is possible. The President of the Board of Trustees must obtain in a timely manner the nominations of the Federal Government`s Deputy for Media and Cultural Affairs and the Friedrich Ebert Foundation (§ 7, section 1, sentence 1 of the law).
(2) In the framework of its competence according to § 7, section 2 of the law of establishment, the Board of Governors conducts the business affairs of the Foundation. In matters of judicial and extra-judicial representation, the President of the Board of Governors - his proxy in case of his disability - is granted sole right of representation. He is the superior of all employees at the Foundation.
(3) To act on his behalf for the day-to-day fulfillment of his responsibilities, the President of the Board of Governors, who serves in an honorary capacity, retains the services of a full-time - executive director.
Reserved in particular for the Board of Governors are decisions on:
- extraordinary measures which go beyond the framework of current business affairs,
- concluding agreements which impose obligations on the Foundation beyond the current fiscal year,
- concluding and announcing work agreements with employees and workers of the foundation whereby hiring and termination of employees in wage group 13 TvöD and higher must take place with the agreement of the Board of Trustees.
(4) In his absence, the eldest of the remaining members can undertake to substitute for the President of the Board. In individual cases, the President can make different arrangements.
(5) The President of the Board of Governors will call meetings of the Board. He is required to if a member of the Board requests so in writing.
(6) Deliberations of the Board of Governors, in particular its decisions, are to be recorded in written minutes and signed by the President of the Board. The President of the Board of Trustees as well as the Federal Government`s Deputy for Media and Cultural Affairs are to be apprised of the minutes.
§ 4 International Advisory Board
(1) An International Advisory Board can be appointed to advise the Boards of Trustees and Governors in accomplishing the functions of the Foundation, especially with regard to the Foundation`s special events and discussion forums. Members of the Advisory Board serve in an honorary capacity.
(2) The Advisory Board consists of no more than 15 expert members to be appointed by the Board of Trustees, in consideration of the Foundation`s goals, for a term of five years respectively. Reappointment is permitted.
(3) The members of the Advisory Board will elect from their midst a President. The President will call the meetings of the Board in agreement with the President of the Board of Trustees and will conduct them.
(4) The Advisory Board meets at least once a year.
§ 5 Members, Secrecy Requirement, Reimbursement of Expenses
(1) A person can belong to only one of the above-mentioned agencies (Board of Trustees, Board of Governors, International Advisory Board). Employees of the Foundation cannot be members of these agencies.
(2) The members of the Board of Trustees, the Board of Governors and the International Advisory Board, as well as the employees of the Foundation, are obligated to maintain secrecy in all confidential matters.
(3) The Foundation will reimburse necessary expenses of those who become members in an honorary capacity of the Board of Trustees, the Board of Governors and the International Advisory Board according to the regulations covering reimbursement of members of advisory boards, committees, commissions and the like in the federal administration.
§ 6 Audit of Accounts
The accounts of the Foundation will be audited by the Federal Administrative Office, irrespective of an audit by the Federal Audit Office, according to § 111 of the Federal Budgetary Code.
§ 7 Employer Competence
The Foundation is granted the right to have civil servants according to § 11, section 3 of the Act of Institution.
§ 8 Expenses
(1) Except for official use, expense charges can be determined for the use of the Foundation`s facilities.
(2) The Board of Governors will set down in a code of expenses the findings on and respective rates of expenses in accordance with the principles of the Administrative Expenses Act.
(3) The code of expense charges is to be disseminated by means of a public notice.
(4) The utilization of materials from the Federal Chancellor Willy Brandt Foundation for scientific and journalistic dissemination of any kind (print, picture, film and audio products) shall be permitted only if the users assume voluntarily and free of charge the obligation of submitting verification to the Foundation; the Board of Governors will decide on exceptions.
§ 9 Official Seal
The design of the official seal will be determined by the Board of Trustees; the decision will require the consent of the Federal Government`s Deputy for Media and Cultural Affairs.
§ 10 Effectuation
This Charter of Foundation will take effect on the day of its authorization by the Federal Government`s Deputy for Media and Cultural Affairs.
GMBl 1997, S. 302 , lastly revised on October 4th, 2007.
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