Legislator · Canton of Bern — Cantonal Legislation
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152.221.181.1 DELDVBKDODDÉLINC CH-BE

Subject Matter (DELDVBKD)

25 Articles / Provisions · Canton of Bern — Cantonal Legislation
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Table of Provisions (25)

Art. 1 Directorate Ordinance on the Delegation of Powers of the Directorate of Education and Culture (Delegation Ordinance DEC) Art. 2 Directive Ordinance on the Delegation of Authorities of the Directorate of Education and Culture (DelDV BKD) Art. 3 Directive Regulation on the Delegation of Authorities of the Directorate of Education and Culture (DelDV BKD) Art. 4 Directive Regulation on the Delegation of Powers of the Department of Education and Culture (DelDV BKD) Art. 5 Directorate Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 6 Ordinance on the Delegation of Authority of the Directorate of Education and Culture (DelDV BKD) Art. 7 Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 8 Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 9 Order on the Delegation of Powers from the Directorate of Education and Culture (DelDV BKD) - Office of Culture Art. 10 Directorate Regulation on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) - Office for Central Services Art. 11 Directive Regulation on the Delegation of Powers of the Department of Education and Culture (DelDV BKD) - Initial Salary Art. 12 Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 13 Ordinance on the Delegation of Powers of the Education and Culture Directorate (DelDV BKD) - Powers of Direct Supervisors Art. 14 Directorate Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 15 Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 16 Ordinance on Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 17 Directive on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 18 Directive Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 19 Directorate Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 20 Ordinance on the Delegation of Powers of the Education and Cultural Department (DelDV BKD) Art. 21 Directive Ordinance on the Delegation of Powers of the Directorate for Education and Culture (DelDV BKD) Art. 22 Directive Regulation on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 23 Directive on the Delegation of Authorities of the Directorate for Education and Culture (DelDV BKD) Art. 24 Directorate Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD) Art. 25 Directive Ordinance on the Delegation of Powers of the Directorate of Education and Culture (DelDV BKD)

Statutory Text (25 Provisions)

Subject Matter

1. This regulation governs the delegation of personnel and expenditure authorities of the Directorate of Education and Culture to its subordinate organizational units.

### Personnel Powers - Principle

1. Unless otherwise regulated by this directive, the responsibilities stipulated by the personnel regulation apply.

2. If the responsibilities stipulated by the personnel regulation apply and the head of office is competent, then correspondingly, the Secretary General and the headmasters and headmistresses with overall responsibility for the cantonal schools in the area of responsibility of the Office of Secondary and Vocational Education are competent.

**Employee Authorities - Appointments**

1. The Executive Council is responsible for the appointments of the holders of the Directorate Management Positions in accordance with Article 16 of the Ordinance of November 27, 2002, on the Organization and Duties of the Directorate of Education and Culture (Organization Ordinance ECD, OrV ECD)[3].

**Employee Authorities - Appointments**

1. The Director of Education and Culture is responsible for the appointments

a. of the deputies of the heads of departments,

b. of the heads of divisions,

c. of the school inspectors of the Office of Kindergarten, Elementary School, and Counseling.

**Employee Authorities - Appointments**

1. The Secretary-General is responsible for the appointments of the staff of the Directorate Staff.

2. Insofar as this Directorate Regulation does not provide otherwise, the Secretary-General is also responsible for the appointments of the staff of the Secretariat.

3. The Deputy Secretaries-General are responsible for the appointments of the staff within their respective areas of responsibility.

**Employee Authorities - Appointments**

1. The Head of the Office for Kindergarten, Primary School, and Counseling is responsible for the hiring of

a) the staff members of her or his office,

b) the deputies of the heads of the departments,

c) the heads of the organizational units subordinate to the departments, including the directors of the counseling centers,

d) the individuals responsible for private instruction in the regional school inspectorates,

e) the overall principal of the Pedagogical Center for Hearing and Speech Munichbuchsee (HSM).

2. Unless otherwise provided by this Directorate Regulation, the heads of the departments are responsible for the hiring of the staff members within their jurisdiction.

3. The overall principal of the HSM is responsible for the hiring of her or his staff, who are employed according to the personnel legislation.

**Employee Authorities - Appointments**

1. The Director or Head of the Secondary School and Vocational Education Office is responsible for the appointments of

a. the staff members of their team,

b. the deputy heads of the divisions,

c. the heads of the organizational units subordinate to the divisions, with the exception of the appointments of the heads of the careers and information centers,

d. the heads of the cross-sectional services.

2. Unless otherwise regulated by this Directorate regulation, the heads of the divisions and the cross-sectional services of the Secondary School and Vocational Education Office are responsible for the appointments of the staff members within their area of responsibility.

3. The overall responsible headmistresses and headmasters or the administrators of the cantonal schools within the area of responsibility of the Secondary School and Vocational Education Office are responsible for the appointments of the staff members of their schools, who are employed according to personnel legislation. The school regulations govern the responsibilities within the individual schools.

**Employee Authorities - Appointments**

1. Insofar as this directive does not stipulate otherwise, the head of the Office for Higher Education is responsible for the employment of the office's staff.

**Employee Authorities - Appointments**

1. The Head of the Office for Culture is responsible for the appointments of

a) the staff members of his or her team,

b) the deputies of the heads of the departments,

c) the heads of the organizational units subordinate to the departments.

2. Unless otherwise specified by this Directive, the heads of the departments are responsible for the appointments of the staff members within their area of responsibility.

**Employee Authorities - Appointments**

1. The Head of the Office for Central Services is responsible for the employment

a) of the staff within his or her team, as well as the reception & house services,

b) of the deputies of the heads of departments,

c) of the heads of organizational units subordinate to the departments.

2. Unless otherwise regulated by this Directorate Ordinance, the Head of the Office for Central Services is further responsible for the employment of staff within the Financial Services Department and the Educational Contributions Department.

3. Unless otherwise regulated by this Directorate Ordinance, the heads of the Human Resources Department and the Information Technology Services Department are responsible for the employment of staff within their respective areas of responsibility.

**Staff Authority - Additional Staff Authority**

1. The appointing authorities determine the initial salary (Art. 38 para. 1 PV).

2. The appointing authorities pursuant to Articles 5 to 10 determine the initial salary in agreement with the personnel management administrative staff of the General Secretariat. In the event of disagreement, the head of the office makes the decision.

**Staff Authority - Additional Staff Authority**

1. The appointing authorities as per Articles 4 to 10 grant

a) the performance of work outside the workplace (Art. 8 Para. 2 PV),

b) the counting of part of the commute as working time (Art. 28 PV),

c) the on-call duty (Art. 84f PV),

d) the conversion of the loyalty premium into remuneration (Art. 99 Para. 1 PV),

e) higher expenses for accommodation and meals in individual cases (Art. 107 Para. 1 PV),

f) the paid short leave for job interviews (Art. 156 Para. 5 PV),

g) unpaid leave (Art. 157 Para. 1 PV),

h) the number of vacation days for the exercise of a public office (Art. 201 Para. 1 PV).

2. Employees report all compensated secondary activities to the appointing authorities and provide information on facts that may impair official duties, be incompatible with an official position, or establish a requirement for approval (Art. 203 Para. 2 PV).

3. The Director of Education and Culture is responsible for the approvals pursuant to Paragraph 1 and the receipt of notifications pursuant to Paragraph 2, when holders of management cadre positions are affected.

**Staff Authority - Additional Staff Authority**

1. The Immediate Superiors

a. oversee the reintegration of employees into the work process (Art. 58 para. 3 PV),

b. approve the expense reports of employees (Art. 102 para. 1 PV),

c. authorize the official use of private motor vehicles (Art. 113 para. 1 PV),

d. approve the vacation dates of employees (Art. 143 para. 1 PV),

e. authorize the post-recovery of vacation in the event of vacation incapacity due to illness or an accident during the holidays (Art. 148 PV),

f. grant paid short leave (Art. 156 para. 1 and 4 PV),

g. authorize the withdrawal of long-term account balances in the form of paid leave (Art. 160c para. 1 let. a PV), a temporary reduction in employment percentage with the salary remaining the same (Art. 160c para. 1 let. b PV), or as pre-retirement leave (Art. 160c para. 1 let. c PV).

2. Furthermore, the following authorities are responsible for the powers according to paragraph 1

a. the Director of Education and Culture for the Secretary General,

b. the Secretary General for the heads of offices and the deputy secretaries general.

**Staff Authority - Additional Staff Authority**

1. The following authorities are responsible for granting leave for attending external continuing education events (Art. 175 para. 2 PV)

a. the Director of Education and Culture for the Secretary General and the heads of offices,

b. the Secretary General for the staff of the Secretariat General,

c. the head of the Office for Higher Education for the staff of the same office,

d. for the staff of the Office for Kindergarten, Primary School and Counseling, the Secondary and Vocational Training Office, the Office for Culture, and the Office for Central Services

1. the direct superiors, provided no repayment obligation is stipulated (Art. 176 et seq. PV),

2. the head of the office, the overall responsible principals, or the administrators of the cantonal schools of the Secondary and Vocational Training Office in case of a repayment obligation or an exemption due to an ordered continuing education (Art. 176 para. 3 PV); the school regulations determine the responsibilities in the individual schools.

**Staff Authority - Additional Staff Authority**

1. The Secretary General, the heads of departments, and the overall responsible principals of the cantonal schools approve one-time performance bonuses (Art. 85 para. 1 PV) and innovation bonuses (Art. 93 para. 1 PV).

Personnel Authorities - Specific Regulations on Working Hours

1. The overall responsible headmasters and headmistresses of boarding schools may establish specific regulations concerning working hours (Art. 126 para. 3 PV).

Spending Authorities

1. The Director of Education and Culture approves

a) new one-time expenditures up to 500,000 Swiss Francs,

b) new recurring expenditures up to 100,000 Swiss Francs,

c) committed one-time expenditures up to 1 million Swiss Francs,

d) committed recurring expenditures up to 200,000 Swiss Francs.

Spending Authorities

1. The Head of the Office for Kindergarten, Primary School, and Counseling authorizes

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

* b) new recurring expenditures up to 50,000 Swiss francs,

* c) committed one-time expenditures up to 200,000 Swiss francs,

* d) committed recurring expenditures up to 100,000 Swiss francs.

2. The Heads of Departments authorize

* a) one-time expenditures up to 50,000 Swiss francs,

* b) recurring expenditures up to 25,000 Swiss francs.

3. The Principal of the Cantonal School of French Language and the Overall Responsible Principal of the HSM authorize

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

* b) new recurring expenditures up to 50,000 Swiss francs,

* c) committed one-time expenditures up to 200,000 Swiss francs,

* d) committed recurring expenditures up to 100,000 Swiss francs.

Spending Authorities

1. The Head of the Secondary and Vocational Education Office authorizes

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

b) new recurring expenditures up to 50,000 Swiss Francs,

c) committed one-time expenditures up to 200,000 Swiss Francs,

d) committed recurring expenditures up to 100,000 Swiss Francs.

2. The Heads of the Departments and Cross-Sectional Services authorize

a) new one-time expenditures up to 100,000 Swiss Francs,

b) new recurring expenditures up to 25,000 Swiss Francs,

c) committed one-time expenditures up to 100,000 Swiss Francs,

d) committed recurring expenditures up to 50,000 Swiss Francs.

3. The Examination Leaders authorize advances for the qualification procedures up to 50,000 Swiss Francs.

4. The School Directors with overall responsibility and the Administrators of the Cantonal Schools authorize

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

b) new recurring expenditures up to 50,000 Swiss Francs,

c) committed one-time expenditures up to 200,000 Swiss Francs,

d) committed recurring expenditures up to 100,000 Swiss Francs.

Spending Authorities

1. The Head of the Office for Central Services approves

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

b) new recurring expenditures up to 50,000 Swiss Francs,

c) committed one-time expenditures up to 200,000 Swiss Francs,

d) committed recurring expenditures up to 100,000 Swiss Francs.

2. The Heads of the Departments as well as the Head of the Facility Management/Reception area approve

a) one-time expenditures up to 50,000 Swiss Francs,

b) recurring expenditures up to 25,000 Swiss Francs.

Spending Authorities

1. The Secretary General, the Deputy Secretaries General, and the Heads of the Office for Higher Education and the Office for Culture authorize

a. new one-time expenditures up to 200,000 Swiss Francs,

b. new recurring expenditures up to 50,000 Swiss Francs,

c. committed one-time expenditures up to 200,000 Swiss Francs,

d. committed recurring expenditures up to 100,000 Swiss Francs.

2. The Heads of the Departments of the Office for Higher Education and the Office for Culture authorize

a. one-time expenditures up to 50,000 Swiss Francs,

b. recurring expenditures up to 25,000 Swiss Francs.

Signing Authorities

Authorized to sign is the person who is authorized to dispose or decide. In the case of representation, the deputy or representative is authorized to sign.

Transitional and Final Provisions

1. Article 6 paragraph 3 and Article 18 paragraph 3 shall apply from January 1, 2023.

Transitional and Final Provisions

1. The Directorate Ordinance on the Delegation of Powers of the Directorate of Education of May 11, 2007 (DelDV ERZ)[4] is repealed.

Transitional and Final Provisions

1. This Directive Ordinance shall enter into force on November 1, 2022.

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