Decision on the Delegation of Decision-making Powers in the Directorate for Education and Culture - Purpose

1. This Order aims to delegate decision-making powers in specifically designated cases from the Directorate of Education and Culture of the Canton of Zug to the heads of offices and individual employees.

2. A sub-delegation of the decision-making powers is excluded.

1. Decisions in personnel matters concern both public-law and private-law employment relationships, which may be concluded on a fixed-term or indefinite basis.

2. According to § 3a para. 2 of the Personnel Ordinance, they require prior consultation with the Personnel Office.

3. They are to be delivered to the Director or Head of Directorate, as applicable.

1. Heads of offices and department heads at the Office for Secondary Schools shall decide on personnel matters listed in this delegation order, subject to the provisions of the Law on the Financial Budget of the Canton and Municipalities of August 31, 2006 (Financial Budget Law, FBG).

2. The delegation for amendment (§§ 32 and 48 PG) and termination of employment relationships (§§ 8, 9, 10 para. 1 and 3, 19 PG) as well as the imposition of measures (§ 10 para. 4 and 5 PG) requires that the employment be established by the office or, in the case of cantonal schools, by the department, or could have been established based on the delegation order.

3. The delegation for change of function (§§ 10 para. 4 and 32 PG) as well as for the consensual termination of the employment relationship (§ 19 PG) requires that no benefits be granted that exceed the regular remuneration according to § 40 PG in the new function or exceed the remuneration according to § 40 PG during the term of the employment relationship and exceed the legally provided compensations according to §§ 24 - 26 PG.

1. Prior to the establishment (§§ 4 - 6 PG) or amendment of an employment relationship (§§ 32 and 48 PG), the consent of the director must be obtained. This does not apply to employment relationships for deputy teachers with a term of employment up to six months.

2. Before the termination of an employment relationship (§§ 10 para. 1 and 3, 19 PG), consultation must be undertaken with the director.

1. The following personnel matters are delegated

a) Establishment of public law or private law employment relationships, which are entered into either for a fixed-term or indefinitely (§ 4 - 6 PG);

b) Modification of employment relationships, namely changes in function (§ 32 PG) and promotion (§ 48 PG);

c) Remuneration, namely classification (§ 48 PG), salary reduction (§ 50 PG), and compensation for overtime work (§ 31 para. 2 PG);

d) Approval to engage in secondary employment and public secondary offices (§ 34 and 35 PG; § 15 para. 1 PV);

e) Approval and arrangement of continuing and additional education, including the provision of cantonal contributions for these courses (§ 37 PG, § 2 Continuing Education Regulations); the Head of the Cantonal Middle Schools Office decides on the approval of study leaves for teachers of cantonal schools;

f) Provision of longevity gifts (§ 54 PG);

g) Approval of leave and its count towards vacation (§ 63 PG);

h) Termination of employment relationships, in particular, the termination by the employee (§§ 8 - 9 PG), termination by the canton (§ 10 para. 1 and para. 3 PG), and the mutual termination of the employment relationship (§ 19 PG);

i) Arrangement of measures less severe than termination (§ 10 para. 4 and 5 PG);

j) Issuance of employment references (§ 9 para. 2 PV).

2. Exceptions from delegation according to para. 1 are personnel matters according to letters a, b, c, and h, when deputy heads of offices, heads of departments, heads of divisions, heads of the Cantonal School of Zug, as well as deputy heads of other cantonal schools are concerned (§ 1 para. 4 PG).

1. The Director of the Office for Culture makes the decisions in the first instance regarding contributions for the promotion of cultural life, charged to the Fund for Charitable, Non-Profit and Cultural Purposes, provided that in individual cases they do not exceed the amount of CHF 5,000 (§ 4 para. 1 Culture Promotion Act, § 9 para. 2 Financial Budget Act, § 27bis para. 3 Lottery Act).

1. The Head of the Office for Municipal Schools decides in the following cases

a) the co-financing of special school attendance as well as the financing of early special education, provided that in individual cases the amount is between CHF 20,000 and CHF 100,000 (§ 34 para. 3 and § 37 para. 3 School Act);

b) applications for temporary teaching permits by teachers of municipal schools (§ 45 para. 1 let. c and § 66 para. 3 let. h School Act);

c) applications for exceptions to the requirement for a diploma recognized by the Swiss Conference of Cantonal Directors of Education or an equivalent diploma recognized by them for teachers at recognized private schools (§ 75 para. 4 School Act);

d) the establishment of commissions to assess special issues in the area of school development (§ 66 para. 4 School Act);

e) the management of cantonal school development projects (§ 66 para. 3 let. d School Act);

f) the teaching materials and related teaching aids for the compulsory schooling period of municipal schools (§ 66 para. 3 let. g School Act);

g) the co-financing of school fees related to talent promotion in arts and sports (§ 37a para. 2 School Act).

2. The Head of the Office for Secondary Schools decides on the teaching materials and related teaching aids for the part of the compulsory schooling period completed at a gymnasium (§ 66 para. 3 let. g School Act).

3. The Head of the Department for Special Education decides on the co-financing of special school attendance as well as the financing of early special education, provided that in individual cases the amount does not exceed CHF 20,000 (§ 34 para. 3 and § 37 para. 3 School Act).

1. The Directorate Secretariat of the Directorate for Education and Culture issues procedural orders in administrative and complaint proceedings.

1. The supreme supervisory right of the Directorate for Education and Culture according to § 3 para. 3 OG as well as general instructions regarding the delegated competences are reserved.

1. The Delegation Order of February 29, 2008 is revoked.