Regulations on the service regulations of the Directorate of Education, Culture and Sports (BKSD Regulations) (Reglement BKSD) - Leadership Instruments

1. The Director may utilize the following leadership structures to manage the Directorate of Education, Culture, and Sports (BKSD)

a. Executive Management: Director, Secretary General, Deputy Secretary General;

b. Directorate Conference and Executive Retreat: all heads of departments and division leaders of the General Secretariat, Deputy Secretary General;

c. Bilateral exchange between the Director and the respective department heads;

d. Education Conference: Director, Secretary General, Deputy Secretary General, heads of the agencies Office for Public Schools (AVS) and Vocational Education, High Schools, and Universities (BMH), chief department heads of the BMH agency, heads of the main departments of Operations and Continuing Education, and the School Psychological Service of the AVS as well as the divisions of Education, Personnel, Communication and Law of the General Secretariat and guests as needed;

e. Coordination of urgent matters of the agencies with the Director as needed.

2. The heads of the agencies utilize agency-specific leadership structures to manage their respective agencies.

1. The head of the directorate signs the employment contracts of the heads of departments, as well as the relevant personnel-related decrees, agreements, and references with sole signature.

2. The head of the directorate, represented by the HR business partner, signs jointly with the responsible head of department the employment contracts, the personnel-related decrees and agreements, as well as the references of the heads of main divisions. The same applies to the employment contracts, the personnel-related decrees and agreements of all other employees of the departments, provided the competence is not regulated otherwise. The heads of department may delegate their signing authority to the heads of main divisions.

3. The head of department determines who signs the references for all other employees of the department, with the exception of the heads of main divisions. References must always be signed collectively.

1. The head of the directorate signs decisions of the directorate, unless they are delegated, specifically the following

a. Approval of municipal regulations and contracts;

b. Terms of reference for the committees according to § 4 paragraphs 6, 7, and 8 of the service regulations of the Directorate of Education, Culture, and Sports dated December 14, 2021;

c. Maturity certificates.

2. The signing authority for decisions associated with an expenditure is determined by the Regulation on the Authority for Expenditure Approvals in the Directorate of Education, Culture, and Sports dated March 14, 2018.

3. The signing authority for decisions without financial implications primarily arises from substantive law.

4. If substantive law does not provide any regulation, the head of the directorate delegates the authority to sign the remaining decisions of the directorate to

a. The legal department of the general secretariat for procedural decisions within the framework of complaint instruction pursuant to § 35 paragraph 1 letters a-c and e of the Administrative Procedure Law of Basel-Landschaft (VwVG BL) dated June 13, 1986;

b. The materially responsible department or state-run school for decisions on access to information pursuant to § 31 paragraph 4 of the Information and Data Protection Law (Information and Data Protection Act, IDG) dated February 10, 2011;

c. The respective superior authority for decisions regarding release from professional secrecy pursuant to Art. 321 of the Swiss Penal Code (StGB) dated December 21, 1937, and from official secrecy pursuant to Art. 320 StGB;

d. The general secretary for all other decisions within the general secretariat’s area of responsibility;

e. The respective head of department for all other decisions within their department’s area of responsibility.

5. The head of a department may further delegate the signing authority assigned to them under paragraph 4 letters d and e.

1. The signing authority for performance agreements and other contracts, which are directly or indirectly linked to an expenditure, is governed by the Regulations on the Authority for Expenditure Approvals in the Directorate of Education, Culture, and Sports dated March 14, 2018. Exceptions are subject to differing provisions in substantive law.

2. Excluded from this are performance agreements and other contracts for which the approval of expenditures is the responsibility of the Government Council or the Cantonal Council. Here, the signing authority rests with the Head of the Directorate. Exceptions are subject to differing provisions in substantive law. Also excluded are agreements for consulting services exceeding CHF 30,000 for which the Head of the Directorate has issued an expenditure approval. Here, the signing authority resides with the head of the department.

3. The signing authority for performance agreements and contracts without financial consequences rests with the head of the department. Performance agreements and contracts with significant, political, or publicly impactful content must be brought to the attention of the Head of the Directorate prior to signing.

4. Performance agreements and contracts are collectively signed by two persons.

5. The Head of the Directorate signs performance agreements and contracts with the head of the department. Excluded are inter-cantonal partnership performance agreements and contracts where an individual signature appears appropriate.

6. The head of the department or the office designated in the expenditure regulations signs all other performance agreements and contracts within their department’s area of responsibility with a designated function.

7. The head of the department regulates their signing authority internally in a signature directory appended to the department's regulations.

1. The Director signs their non-delegated correspondence as well as all correspondence with fundamental, political, or public significance, proposals to the government council, loyalty bonus letters, and statements regarding Swisslos-Fund applications for the attention of the Department of Security with a single signature.

2. The General Secretary signs their non-delegated correspondence and co-reports of the department with a single signature.

3. Employees sign other correspondence within their area of expertise with single or collective signatures according to the signature directory or job description.

4. Statements to courts are signed by the General Secretariat.

1. Agents sign with their own name.

1. Agreements and other contracts, as well as dispositions with a financial volume exceeding CHF 30,000, must be submitted to the General Secretariat for legal and financial review prior to signing. Exceptions to this requirement include dispositions related to needs-based services pursuant to § 39 paragraph 5 letters f and g of the Financial Budget Ordinance of November 14, 2017.

2. Additionally, dispositions involving politically sensitive issues or legally complex questions must be submitted to the General Secretariat for legal review.

1. The documents must be managed in accordance with the Regulation on Record Keeping of December 17, 2002.

2. The Finance Department of the General Secretariat deposits all performance agreements in the transfer database.

1. The Directorate is assigned the committees according to Appendix 1.

2. The Directorate represents the state for the canton in accordance with Appendix 2.