Delegation Ordinance (DelV) - Purpose (DelV)

1. The regulation aims to delegate decision-making powers in administrative matters from the government council to the directorates or the state chancellery in specific, clearly defined areas.

1. The Directorates and the State Chancellery make first-instance decisions on individual personnel matters for the employees under their supervision, including cantonal schools, based on the Act on the Employment Relationship of State Personnel (Personnel Act) of September 1, 1994, and the Implementing Ordinance to the Act on the Employment Relationship of State Personnel (Personnel Ordinance) of December 12, 1994. Exceptions are made for paragraphs 2 and 3.

2. The Government Council decides

1. for the employees in accordance with paragraph 1, on extraordinary salary increases and extraordinary benefits, but without promotions within the guidelines of the Government Council;

2. on the hiring and dismissal of the following categories of personnel

a) Heads of Offices;

b) Members of the Child and Adult Protection Authority;

c) * ...

d) Principals of schools under the Directorate for Education and Culture;

e) * ...

3. The Government Council decides on individual personnel matters for the following categories of personnel

1. the State Secretary (without election);

2. * the Deputy State Secretary (subject to the right of participation of the Office of the Cantonal Council in hiring pursuant to § 4bis (1) of the Act on the Organization of State Administration (Organizational Act, OA) of October 29, 1998;

3. * ...

4. The Department of Finance is responsible for the internal administrative training program.

5. The Department of Finance is responsible for concluding insurance contracts regarding accident insurance.

1. The competent directorate or the State Chancellery shall decide on the following matters

1. The procurement of external administrative opinions up to an amount of CHF 500,000, with the option to delegate to their directly subordinate offices up to an amount of CHF 150,000 (§ 20 Para. 1 of the Cantonal Council's resolution on the rules of procedure of the Government Council (GO RR) dated September 26, 2013);

2. * Approval of agreement and association regulations of purpose associations (§ 45 Para. 2 and § 46 Para. 2 of the Municipal Organization and Administration Act (Municipal Act, GG) dated September 4, 1980). The competent directorate is the one whose field the matter primarily falls into. If the directorate considers not approving or partly disapproving, or attaching conditions to the approval, the matter must be submitted to the Government Council for a decision;

3. Precautionary measures within the framework of § 39 Para. 1 of the Municipal Organization and Administration Act (Municipal Act, GG) dated September 4, 1980, if immediate action is required and the decision of the Government Council cannot be awaited. The matter must be promptly submitted to the Government Council for a decision;

4. * ...

5. Minor amendments or additions to service agreements involving a fee of more than CHF 100,000, provided that these do not incur additional costs for the canton; if multiple such changes or additions significantly alter agreement components, the approval of the Government Council must be obtained;

6. Conclusion of service agreements by the canton with private third parties concerning the transfer of public tasks of the canton up to a fee of CHF 100,000. A delegation within the meaning of § 6 Para. 2 of the State Administration Organization Act (Organization Act, OG) dated October 29, 1998 is excluded.

2. The competent directorate or the State Chancellery shall make procedural decisions in first-instance administrative proceedings and administrative appeal proceedings unless jurisdiction is already regulated by law. They may decide on the granting of free legal aid and free legal counsel within the framework of an interim decision (§ 6 of the Act on Legal Protection in Administrative Matters (Administrative Procedure Act; VRG) dated April 1, 1976).

3. The competent directorate or the State Chancellery shall decide on the ordering and lifting of a suspension.

4. The competent directorate or the State Chancellery may decide on applications, objections, administrative appeals, voting rights appeals, legal denial, and supervisory complaints directed to the Government Council in the following cases (§ 6 Para. 1 of the Act on Legal Protection in Administrative Matters (Administrative Procedure Act; VRG) dated April 1, 1976)

1. The Government Council is obviously not competent.

2. * The applicants, objectors, or appellants are obviously not authorized to apply, object, or appeal.

3. The deadline has obviously not been met.

4. * The application, objection, or appeal is fully withdrawn.

5. The challenged decision is reconsidered and fully revoked.

6. The decision is annulled through a settlement in the contested part or becomes moot.

7. The required advance on costs or the forms or documents necessary for free legal aid are neither provided nor submitted within the set deadline.

8. * The form of the application or the objection or appeal letter is obviously deficient and the requested improvement was not made within the set deadline.

9. In a legal denial or legal delay complaint, the missing decision from the lower authority has meanwhile been issued in full.

10. * The application, objection, or appeal is obviously moot for other reasons.

5. In cases outlined in Para. 4, the competent directorate or the State Chancellery shall also decide on procedural costs, party compensation, and the monetary compensation to the free legal counsel. If no interim decision has yet been made on the granting of free legal aid and free legal counsel, this will be decided in the deletion decision (§ 6 Para. 1 of the Act on Legal Protection in Administrative Matters (Administrative Procedure Act; VRG) dated April 1, 1976).

6. If a legal remedy is lodged against a decision of the Government Council, the directorate or State Chancellery conducting the instruction shall represent the Government Council as the lower authority in the legal remedy procedure.

7. The State Chancellery receives the payment orders served against the canton. It is authorized and obligated to file a legal objection. The Government Council regulates responsibilities and procedures in a resolution.

8. In all other respects, the competent directorate shall represent the canton in matters of debt enforcement and bankruptcy.

1. The Directorate of Internal Affairs decides on the following matters

1. Duty of assistance to municipalities (§ 35 para. 1 of the Law on the Organization and Administration of Municipalities (Municipality Law, GG) of September 4, 1980);

2. Issuance of regulations on hunting examinations, conclusion of agreements with other cantons on the mutual recognition of hunting examinations, and orders of measures for the prevention and control of wildlife diseases (§ 6 para. 1 and 2 as well as § 26 para. 1 of the Law on Hunting and the Protection of Wild Mammals and Birds (Hunting Law) of October 25, 1990);

3. * Decision on the approval of contractual protection status of non-cantonally owned monuments and the allocation of cantonal contributions to their restoration; this competence applies only to monuments where the initial presumed cantonal contribution to restoration due to protection status does not exceed CHF 375,000 and the local municipality agrees (§ 11 para. 5 lit. a and d as well as § 24a para. 2 of the Law on Monument Preservation, Archaeology and Cultural Property Protection (Monument Protection Law, DMSG) of April 26, 1990);

4. * ...

5. * ...

6. * ...

7. Limitation of the number of hunting licenses (§ 7 para. 1 of the Law on Hunting and the Protection of Wild Mammals and Birds (Hunting Law) of October 25, 1990);

8. Adjustments to hunting seasons to regulate overpopulations (§ 13 para. 2 of the Law on Hunting and the Protection of Wild Mammals and Birds (Hunting Law) of October 25, 1990);

9. Approval of legal actions concerning historical fiduciary commitments. The matter must be submitted to the Government Council if the Directorate considers not granting the approval in whole or in part, or intends to associate it with conditions;

10. * ...

11. * Acting as the Central Authority for the Hague Convention on the Protection of Children (HCPG) of October 19, 1996, the Hague Convention on the Protection of Adults (HCPGA) of January 13, 2000, the Hague Adoption Convention (HAC) of May 29, 1993, the Federal Act on the Hague Adoption Convention and on Measures to Protect Children in International Adoptions (FHAAC) of June 22, 2001, and as the Enforcement Authority for returns in child abductions (Art. 2 and 12 of the Federal Act on International Child Abduction and the Hague Conventions for the Protection of Children and Adults [FICA] of December 21, 2007);

12. Contributions to the verifiable expenses of institutions dedicated to the promotion of protected animal species within the meaning of Art. 7 of the Federal Act on Hunting and the Protection of Wild Mammals and Birds (Hunting Law, JSG) of June 20, 1986, provided the contributions do not exceed CHF 10,000 per case and CHF 200,000 per year in total (§ 18 para. 1 of the Law on Hunting and the Protection of Wild Mammals and Birds (Hunting Law) of October 25, 1990);

13. Approval of municipal naturalization regulations, provided they can be granted unconditionally (§ 15 para. 2 of the Law regarding Acquisition and Loss of Municipal and Cantonal Citizenship (Citizenship Law) of September 3, 1992);

14. Decision on the application to block the publication of personal data on the Internet and execution of the blocking in accordance with § 149a para. 2 of the Law concerning the Introduction of the Swiss Civil Code for the Canton of Zug (EG ZGB) of August 17, 1911;

15. Allocation of federal contributions available to the canton under a program agreement with the federal government for the restoration of monuments, as well as for archaeological excavations and building investigations. This competence concerns monuments, as well as all archaeological excavations and building investigations where the expected federal contribution to restoration does not exceed CHF 200,000 (§ 10 para. 2 of the Law on Monument Preservation, Archaeology, and Cultural Property Protection (Monument Protection Law) of April 26, 1990);

16. * Allocation of contributions from a program agreement with the federal government concerning the implementation of specific integration promotion in the canton (KIP); Art. 53 and Art. 58 and integration of the Federal Act on Foreign Nationals and Integration (Foreign Nationals and Integration Act, AIG) of December 16, 2005 as well as Art. 14 of the Ordinance on the Integration of Foreign Nationals (VIntA) of August 15, 2018. Excluded from this are the subject areas "Access to the Labour Market for Women" and "IBA 20+ Offer";

17. * Appointment of the land registry administrator (§ 6 para. 1 of the Act on Public Deed and Certification in Civil Matters (Deed Act; BeurkG) of June 3, 1946; § 2 para. 1 of the Ordinance on the Clarification of Real Rights and the Establishment of the Land Registry of June 29, 1940);

18. * Approval and signing of program agreements with the federal government for joint tasks in the field of cadastral services;

19. * Conclusion of agreements and allocation of contributions to other offers according to § 33 of the Law on Services for Persons with Disabilities and Care Needs (LBBG) of July 6, 2023, up to an amount of CHF 50,000.

1. The Department of Education and Culture decides on the following matters

1. Reduction or waiver of school fees for out-of-canton students in special cases (§ 9 para. 2 of the Law on Cantonal Schools dated September 27, 1990[32]);

2. * ...

3. Decision on contributions to Zug students attending a secondary school or a vocational school (§ 64 para. 2 lit. l and § 72 para. 1 of the School Law (SchulG) dated September 27, 1990[33]).

1. The Department of Economic Affairs decides on the following matters

1. Adjustment of maternity contributions to price developments (§ 8 para. 1 of the Act on the Allocation of Cantonal Maternity Contributions of September 1, 1988);

2. Amendment of normal employment contracts in agriculture and private households (§ 5 para. 2 lit. d of the Introductory Act to the Swiss Code of Obligations (EG OR) of August 28, 2003, and § 2 para. 1 lit. e of the Introductory Act to the Federal Laws on Agriculture, Agricultural Tenancy, and Agricultural Land Law (EG Agriculture) of June 29, 2000);

3. Issuance and amendment of school regulations for vocational schools, bridging courses, advanced technical schools, and universities of applied sciences (§ 2 para. 1 lit. f of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

4. Approval of the budget and accounts of the Association for Labor Market Measures (§ 6 para. 3 of the Introductory Act to the Federal Law on Compulsory Unemployment Insurance and Insolvency Compensation of August 29, 1996);

5. Approval of the accounts of the Zug School of Technology and Computer Science (§ 2 para. 1 lit. f of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

6. * ...

7. * ...

8. Signing of agreements with the State Secretariat for Economic Affairs for the implementation of unemployment insurance legislation (§ 24 para. 1 of the Introductory Act to the Federal Law on Compulsory Unemployment Insurance and Insolvency Compensation of August 29, 1996);

9. Extension of the scope of EG Vocational Education to professions not subject to federal legislation (§ 2 para. 1 lit. c of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

10. Decision on the areas of offer and framework conditions of vocational schools, bridging courses, higher professional schools, and universities of applied sciences managed or supported by the canton (§ 2 para. 1 lit. f of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

11. Decision on the delegation of the planning of offerings at higher vocational schools and universities of applied sciences in the canton of Zug to third parties, provided no significant additional costs are incurred (§ 2 para. 1 lit. g of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

12. Award of service contracts for basic vocational education, tertiary education, and vocational further education to private educational providers (§ 2 para. 1 lit. h of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

13. Granting of contributions to learners for attending school outside the canton (§ 2 para. 1 lit. i, second part of the sentence of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

14. Granting of operational contributions to vocational education institutions up to CHF 50,000 per year (§ 2 para. 1 lit. i, first part of the sentence of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

15. Conditioning state contributions to further education providers or collaboration with them on accreditation or certification (§ 2 para. 1 lit. j of the Introductory Act to the Federal Laws on Vocational Education and Universities of Applied Sciences (EG Vocational Education) of August 30, 2001);

16. Approval of the statutes of land improvement cooperatives and regulation of the procedure of land improvement companies (§ 2 para. 1 lit. d of the Introductory Act to the Federal Laws on Agriculture, Agricultural Tenancy, and Agricultural Land Law (EG Agriculture) of June 29, 2000);

17. Positions during hearings before the granting or amending of concessions with media-political implications and before determining supply areas and significant changes pursuant to Art. 25 para. 2 and Art. 39 para. 5 of the Federal Act on Radio and Television (RTVG) of March 24, 2006);

18. Implementation of the Federal Act on Work in Industry, Trade, and Commerce (Labor Act, ArG) of March 13, 1964 (pursuant to Art. 41 para. 1);

19. Appointment of the control body and establishment of the corresponding duty sheet pursuant to Art. 4 para. 1 of the Federal Act on Measures to Combat Illegal Employment (Federal Act against Illegal Employment (BGSA)) of June 17, 2005; imposition of sanctions pursuant to Art. 13 para. 1 BGSA and delegation of control activities to third parties pursuant to Art. 3 para. 1 of the Ordinance on Measures to Combat Illegal Employment (VOSA) of September 6, 2006;

20. * ...

21. Election of the members of the jury for the Zug Innovation Prize (§ 1 para. 2 of the Cantonal Council Resolution concerning the awarding of innovation prizes in the economic field of March 23, 2000);

22. Conclusion of performance agreements pursuant to Art. 7a para. 3 of the Federal Act on Accompanying Measures for Posted Workers and Control of Minimum Wages in Standard Employment Contracts (Posted Workers Act, EntsG) of October 8, 1999);

23. * ...

24. Implementation of the Federal Act on Mountain Guides and Offering of Other Risk Activities of December 17, 2010 pursuant to Art. 18 para. 1;

25. Decision on the allocation of contributions from a program agreement with the federal government concerning the implementation of specific integration promotion in the canton (KIP) pursuant to Art. 55 para. 1 of the Federal Act on Foreign Nationals (Foreign Nationals Act, AuG) of December 16, 2005, and Art. 17a para. 5 of the Ordinance on the Integration of Foreign Nationals (VIntA) of October 24, 2007, insofar as the topics "Access to the Labor Market for Women" and "IBA 20+ Offering" are concerned.

26. * Approval of the performance agreement according to federal law with the Switzerland Global Enterprise (S-GE) association on national location promotion abroad pursuant to §§ 1 and 2 para. 3 of the Cantonal Council Resolution concerning the Canton of Zug's accession to the Greater Zurich Area Foundation of May 28, 2009.

1. The Building Directorate decides on the following matters

1. * ...

2. * ...

3. Acquisition, exchange, and disposal of real estate properties as well as related easement transactions that do not serve public purposes permanently (financial assets) up to the amount of CHF 500,000 (§ 35 Paragraph 2 Letter b of the Law on the Financial Budget of the Canton and Municipalities (Financial Budget Law, FHG) of August 31, 2006);

4. Acquisition and disposal of real estate properties as well as related easement transactions that are permanently for public purposes (administrative assets) based on an expenditure decision of the Cantonal Council up to the amount of CHF 500,000 (§ 35 Paragraph 3 of the Law on the Financial Budget of the Canton and Municipalities (Financial Budget Law, FHG) of August 31, 2006);

5. Decision on the public status of cantonal roads and paths (§ 4 Paragraph 2 of the Law on Roads and Paths (GSW) of May 30, 1996);

6. Granting of contributions from funding programs or individual contributions up to an amount of CHF 200,000 (§ 5 Paragraph 1 of the Energy Law of July 1, 2004);

7. Updating of Annexes 1, 2, and 3 with the directories of cantonal roads, cycling paths, and hiking trails (§ 43 Paragraph 1 of the Law on Roads and Paths (GSW) of May 30, 1996);

8. Implementation of the Concordat on non-federally licensed cable cars and ski lifts of May 12, 1966 (§ 2 Paragraph 2 of the Cantonal Council Decision on the Accession to the Concordat on non-federally licensed aerial cableways and ski lifts of May 12, 1966);

9. Determination of the catchment areas of waste facilities also for other waste (§ 17 Paragraph 2 of the Introductory Law to the Federal Law on Environmental Protection (EG USG) of January 29, 1998);

10. Declaration as public of bodies of water and updating the directory of public surface waters in Annex 1 of the Law on Waters (GewG) (§ 7 Paragraphs 2 and 4 of the Law on Waters (GewG) of November 25, 1999);

11. * Release of credits and authorization to sign contracts up to 3.0 million Swiss Francs (including VAT) (§ 4 Paragraph 2 of the Cantonal Council Decision on the Road Construction Program 2023-2030 of March 30, 2023);

12. * Issuance of occupancy regulations (§ 7 Paragraph 4 of the Law on the Promotion of Affordable Housing (Housing Promotion Law, WFG) of January 30, 2003);

13. * Issuance of principles in the joint tariff (§ 4 Paragraph 2 Letter e of the Law on Public Transportation of February 22, 2007);

14. * Release of credits up to 500,000 Swiss Francs (§ 2 Paragraph 2 of the Cantonal Council Decision concerning Framework Credits Planning and Design of Railway Projects and Railway Construction of March 31, 2011).

1. The Security Directorate decides on the following matters

1. * ...

2. Representation of the Canton of Zug in civil proceedings (§§ 18 Paras. 1 and 2 as well as 21 of the Liability Act concerning the responsibility of public entities, members of authorities, and officials (Liability Act) of February 1, 1979);

3. Applications for an IKAPOL deployment to the Concordat based on Art. 9 Para. 1 of the Agreement on Intercantonal Police Operations (IKAPOL) of April 6, 2006;

4. Agreements on the transfer of tasks (service purchase) in the non-sovereign area according to Art. 15 Para. 1 of the Concordat on the Foundations of Police Cooperation in Central Switzerland (Central Switzerland Police Concordat) of November 6, 2009, as well as § 2 Para. 3 of the Act on the Organization of the State Administration (Organizational Act, OA) of October 29, 1998.

1. The Health Directorate shall decide on the following matters

1. * Resolution regarding the use of funds from the alcohol tithe (Art. 131 para. 3 of the Federal Constitution of the Swiss Confederation (FC) of April 18, 1999 [76] and Art. 45 para. 2 of the Federal Act on Distilled Water (Alcohol Act; AlkG) of June 21, 1932 [77]);

2. * Approval of the administrative costs related to the implementation of supplementary benefits (§ 15 of the Introduction Act to the Federal Act on Supplementary Benefits to Old Age, Survivors, and Invalidity Insurance (EG ELG) of May 8, 2008 [78] and initiation of their reimbursement to the Zug Compensation Office;

3. * Acknowledgement of the annual accounts

a) of the Compensation Office and the IV Office (§ 3 para. 2 let. a of the Introduction Act to the Federal Acts on Old Age and Survivors' Insurance and Invalidity Insurance of January 28, 1993 [79]);

b) of the Family Compensation Fund (§ 5 para. 2 of the Introduction Act to the Federal Act on Family Allowances (FamZG) of April 30, 2009 [80]).

4. * Precautionary measures in the context of tariff-setting procedures (Art. 47 Federal Act on Health Insurance [KVG] of March 18, 1994 [81]), provided that the tariff amount is mutually requested by the parties.

1. The Finance Directorate decides on the following transactions

1. Granting loans up to 500,000 Swiss Francs to non-profit organizations with a service agreement, with a term of a maximum of twelve months, an extension possibility of up to six months, and an interest rate of 1% above the fixed deposit rate of Zug Cantonal Bank for the corresponding term (§ 35 para. 2 letter d and para. 3 of the Law on the Financial Budget of the Canton and Municipalities (Financial Budget Law, FHG) dated August 31, 2006).

1. The State Chancellery decides on the free distribution of the Official Collection, the Consolidated Collection of Laws, and the Official Gazette to authorities, offices, and other entities (§ 12 para. 1 of the Law on the Publication of Laws and the Official Gazette of the Canton of Zug (Publication Law) of January 29, 1981).

1. The Directorates shall elect the following commissions themselves

1. Directorate of the Interior

a) Commission for the Examination of Municipal Clerks and their Deputies in Notarial Law (§§ 4 para. 1 and 5 para. 2 of the Law on Public Notarization and Authentication in Civil Matters (Notarization Act; BeurkG) from June 3, 1946[84]);

b) Hunting Commission (§ 35 para. 1 of the Law on Hunting and the Protection of Wild Mammals and Birds (Hunting Law) from October 25, 1990[85]);

c) Examination Commission for Hunters (§ 6 para. 1 of the Law on Hunting and the Protection of Wild Mammals and Birds (Hunting Law) from October 25, 1990[86]);

d) Fisheries Commission (§ 19 para. 1 of the Fisheries Law from January 26, 1995[87]).

2. * ...

3. Directorate of Economic Affairs

a) * ...

4. Directorate of Health

a) Foundation Board of the Eichholz Residence, Appointment of the Cantonal Representation on the Foundation Board (§ 1 para. 2 of the Cantonal Council Decision concerning the Participation of the Canton in the "Foundation Men's Home Zug" from August 29, 1968[88]);

b) Livestock Appraisal Commission (§ 5 para. 2 of the Ordinance on the Compensation Fund for Animal Losses from September 22, 1998[89]);

c) * ...

d) * Sports Commission (§ 11 para. 1 of the Sports Law from August 29, 2002[90]).

**1. The State Chancellery maintains the inter-directorate organizational manual with the essential procedural workflows for the cantonal administration.**

1. Transactions that are pending before the Executive Council at the time this regulation comes into effect, but which now fall under the jurisdiction of the directorates or the State Chancellery, shall be decided by the Executive Council.