Ordinance for Part-Time Staff of the Canton of Graubünden - Scope of Application, Legal Nature

1. This regulation governs the public-law official relationships of part-time employees according to Article 3, Paragraph 4 of the PG.

1. The annex to this regulation containing the overview of the categories of auxiliary staff forms an integral part.

1. The authority for new and re-elections is generally specified in the law or in the annex. Where this is absent, the department is the election authority.

1. Standing commissions are elected for a term of office of four years. In special cases, other categories of part-time staff may also be elected for a term of office.

2. New elections within the term apply to its remainder.

3. Other part-time staff who perform an extended administrative function for a longer duration are elected for an indefinite period. If the function is temporary in nature, a fixed-term election is conducted.

1. The term of office ends on June 30. There is no entitlement to re-election.

2. Non-re-election is generally to be communicated to the affected person at least two months in advance.

1. Fixed-term Offices end at the time of the term's expiration.

1. The official relationship may be terminated by either party with a notice period of two months at the end of a month.

1. The term of office for part-time employees elected for a term is limited to a total of twelve years.

2. In justified cases, the electoral body may extend the term of office to a maximum of 16 years or completely waive the term limit.

3. The removal of the term limit is particularly considered for

a) cantonal employees who hold the part-time position due to their employment with the canton;

b) representatives of interests;

c) experts.

1. For important reasons, the office relationship of part-time employees can be terminated by either party at any time without notice.

2. A reason is deemed important if, in particular, the continuation of the office relationship is unreasonable.

1. Revocation of the task must generally be communicated to the affected person at least two months in advance.

1. The electoral authority is responsible for the dissolution of official positions.

2. Decisions regarding the dissolution of official positions can be appealed through an administrative complaint. If the government makes the decision in the first instance, the decision is final.

1. The regulations of the Personnel Act, the Personnel Ordinance, and the Cantonal Data Protection Act apply mutatis mutandis to confidentiality obligations, document edition, court testimony, media information, legal counsel, recusal, and data protection.

1. The rates of daily work compensation are governed by the Personnel Act.

2. The electoral body is responsible, after consulting the Personnel Office (PO), for the classification of new functions into categories.

1. If the duration of the engagement, including travel time, is less than four hours, only half of the daily work compensation shall be provided.

2. If different meetings or inspections occur on the same day, only one full or half daily work compensation shall be provided.

3. The study of documents and drafting of motions, decisions, and reports are compensated based on the time expended. The hourly rate shall be set at one-eighth of the daily work compensation.

1. The election authority may, instead of or in addition to the daily compensation for work, set an annual flat rate or grant fees or portions of fees as compensation.

2. Any annual flat rates are determined based on the effort involved.

1. Accommodation, meal, and travel expenses are governed by the provisions of the Personnel Ordinance.

1. Auxiliary staff who are employed by the cantonal administration are not entitled to compensations such as lump sums, daily allowances, or attendance fees.

2. The time spent performing the auxiliary duties is considered working time.

1. Annual lump-sum compensations are paid out by the PA in the fourth quarter.

2. Departments and offices are responsible for the disbursement of the remaining compensations.

1. Decisions regarding elections and the termination of official relationships are prepared by the PA.

1. Previous full terms of office shall be credited towards the term limitation in accordance with Article 8.

1. This regulation shall enter into force on July 1, 2008, and replaces the regulation for part-time employees of the Canton of Graubünden dated December 23, 1991.