Law On Leadership

Original Language Title: Legge Sulla Dirigenza

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SAN MARINO


We the Captains Regent of the Most Serene Republic of San Marino

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting of 23 July 2009.

LAW July 31, 2009 108



LAW ON LEADERSHIP

Art.1 (Purposes)

1. This Act regulates the legal status of the executive staff of the Public Sector Broader
enhance its autonomous role in the organization of the state,
establishing their responsibilities in order to pursue the effectiveness, efficiency,
the administrative cost of the action, its responsiveness to user needs, intended as
general criteria which the administrative action, and the development of human resources at the service
Public Administration, in respect for the principles of legality and impartiality.
2. The Manager is the public servant at the top of an organizational unit entrusted with
functions and decision-making powers to address, pulse, coordination and representation to third
Administration of belonging.


Art.2 (Separation Principle)

1. Public Administration inspires its actions in the pursuit and affirmation of the principle of separation
management's guidance and political control by the activity of implementation and administrative management
.
2. According to Article 16, second paragraph, of the Qualified Law 15 December 2005 n. 184
plans and programs aimed at implementing the political administration
lines are defined by the State Congress, indicating their priorities and availability of financial
at the beginning of each year and in any case not later than thirty days after the entry into force of the Budget Law
, and subjected to preventive control of legitimacy in the manner required by the applicable provisions
.







Art.3 (Role Profile and Assignment)

1. The executive function is defined by the rules of this law, the role profile and
allocation.
2. The role profile of the manager will be described as the development of professional fields of
referred to in article 5, into legislation on the role profiles. 3
. The assignment of the Manager to a specific organizational unit performance professional
required, consistent with the mission and functions the same Organizational Unit, as well as
will be defined from the special legislation.


Art.4 (Duties and responsibilities)

1. Without prejudice to the provisions of the Constitutional Law 15 December 2005 n.
183 and the Qualified Law 15 December 2005 n. 184, the Manager is responsible for the adoption of the acts and
administrative measures, internal and external relevance, financial management, technical and administrative
, through autonomous spending powers, in compliance with the rules of Accounting and || | Budget, the organization of human resources and materials Organisational Unit which is in charge
and the implementation of programs and plans of its relevance.


Art.5 (Professional Areas)

1. The Manager performs, with operational autonomy and management responsibilities, functions
required by their role profile, articulated in the following five professional fields related to
powers and responsibilities set forth in the preceding article:
a. planning and programming of Organizational Unit: the Manager operates
order to ensure the implementation of the directives and plans approved by the State Congress,
attributed directly or through the Director of Department or higher
hierarchical in case of bodies of public sector, so as to achieve its objectives;
B. organization and development of human resources: the Manager equips, maintains and over time, the direct
Organizational Unit of the best organization possible, taking into account the instrumental
resources, both financial and personnel assigned to the same; contributes to staff
review, as provided by law; in particular research
optimal operational allocation of employees and, even through this, professional development
themselves; identifies and proposes possible improvements to the internal organization requiring
changes in the composition - quantitative resources allocated;
C. development operations and technical knowledge related Organisational Unit
activity: the manager he has been working, if provided by your role profile

And functions of direct organizational unit, and emits the acts and administrative measures
internal and external relevance necessary for the pursuit of the mission assigned
Organisational Unit and consistent with its functions; responsibility for the services provided by this
and represents the privileged contact for the improvement of specific
legislation applied by the Organizational Unit that directs;
D. external and internal communication: The Director, consistent with the functions of its Organizational Units
, build relationships with individuals inside and outside the public administration, in particular
towards users, even assuming legal representation || | Administration when any type of duties performed or at the express authorization received;
The manager interacts with the relevant Department Director or the immediate superior,
if any, and with the General Directorate of the Civil Service for skills in this
2
assigned, as well as with the Secretary of State responsible for specialized aspects related
its business;
E. Control: The Director is responsible for the full compliance of the Organizational Unit
relevant legislation and internal regulations, as well as the consistency of operational processes
with the functions of the Organizational Unit, but also with the criteria of efficiency, effectiveness ,
affordability and responsiveness to user needs.
2. The organic Manager is framed in its management role profile. In the case of fixed-term
Manager shall specify the reference profile management role.


Art.6 (Requirements)

1. They are necessary requirements for access to the management position:
a. San Marino citizenship or country in respect of which there are conventions that
foresee the condition of reciprocity in similar cases;
B. residence in the territory;
C. possession of the five-year bachelor's degree or the old system, required by the
Role profile, for at least five years;
D. the professional qualification or a degree / requirement in the role profile or for specific
assignment;
E. work experience or continuing professional at least three years:
i. in the public sector in functions for the exercise of which or in positions
access to which is required specialist degree or the old system;
Ii. in the Private Sector in the free professions or positions with managerial functions.
The requirement set out in this letter and. It can be replaced by a diploma of specialization in matters pertaining
Organisational Unit.
F. do not pour in any of the conditions of incompatibility provided for in this Law, provided by the
Role profile, the specific assignment or special rules.


Art.7 (Work Report)

1. The Manager is hired organically or temporary basis.
2. The working relationship between the public administration and the organic Manager
is governed, by this law and civil service regulations. 3
. The working relationship between the public administration and the time manager is determined
governed by this law and the contract of the private law which calls
any other applicable rules.


Art.8 (Access to management function)

1. Access to management function is carried out as a result of competition or other forms of selection,
in any case must take into account the CV, the professionalism and specialization
owned by the applicant, subject to the requirements of this law, the role profile,
by the specific assignment and by special rules.
2. The appointment decision, following the procedures referred to in the preceding paragraph, shall be adopted by
State Congress or the Great and General Council in cases within their competence. 3
. In order to allow the executives and personnel of the public sector,
in possession of the requirements, access to assignments and allocations of vacant management positions, will be
prepared a special list of availability.

3

Art.9 (Assignment and Assigning an Organizational Unit)

1. The appointment decision referred to in the second paragraph of Article 8 provides for the assignment of
Manager to an Organizational Unit for a specific period of time, the duration or
allotment, the programs to be implemented , the objectives to be achieved and the economic
treatment, in accordance with this law or special laws reference.
2. The assignment of the Manager with fixed-term contract in progress can be

modified by subsequent resolution for special needs or at the request of the Administration
Manager if compatible with the Administration's needs. 3
. Executives who achieve the organic relationship as a result of competition are assigned permanently
through renewals referred to in Article 11, paragraph 2, Organisational Unit on which
have achieved the workforce management position. Their assignment can be changed
with the consent of the Manager, or if it is necessary to use the figure with different
professionalism and competence, or proceed to restructuring or reorganization involving the elimination or modification of
' OU, or one destroys or changes the position management
or alter its requirements, or special recourse incompatibility or situations of grave
inappropriateness, or in response to negative evaluation.
4. Changing the assignment referred to in the preceding paragraph may only take place with due
motivation.


Art.10 (private-law contract)

1. The private contract referred to in Article 7 follows the appointment decision and defines
office, the duration of the relationship and remuneration, under the regulations that define the functions exercised
contained in this law, in the reference position profile and
rules Organisational Unit where the manager is assigned. The contract also
defines the duration of the trial period, and recalls the rules applicable to the causes and resolution
to the withdrawal of the parties.
2. The State Congress on the proposal of the Secretary of State with responsibility for Public,
Function adopts contract templates type for the reports referred to in this Article. 3
. The contract is signed for the public part of the Secretary of State with responsibility for
Public Administration and deposited in a special register at the Department of Public
that will ensure its preservation and the consequent fulfillment.


Art.11 (Contract duration and allocation)

1. The fixed-term contract referred to in Article 10 is conditional on the passing of
trial period referred to in Article 12, has a term not exceeding three years and may be renewed, in
following special resolution.
2. Assignment to Organizational Unit has a duration not exceeding three years, even for
organically Executives, and may be subject to renewal.


Art.12 (Trial Period)

1. For fixed-term relationships, with each different assignment and assumption of organic
there is a grace period not exceeding six months starting from the effective engagement
.
4
2. Following the positive overcoming of the trial period, in the case of
to employment contract, the contract fully exerts its effects; in the case of recruitment in organic
, the same becomes final. 3
. The service provided during the trial period is computed for all legal and contractual.
4. E 'except for the possibility of extending the probationary period for reasons of force majeure recognized
by resolution of the State Congress, proposed by the Director of Department or the Director with
of Head of Personnel in the Sector Entities Broader public, or
Secretary of State responsible.
5. The legislation on the assessment referred to in Article 22 shall establish the criteria and procedures for the execution of procedural
evaluations of the trial period. Until the issue of the aforementioned
legislation, the Executive evaluation is performed by the Congress of the State of reference of the
competent State Secretary and the Secretary of State with responsibility for Public Administration.
6. The negative outcome of the trial is due to termination of employment and breaking engagement
.


Art.13 (Termination and revocation)

1. Without prejudice to the criminal, civil, administrative and accounting
Administration is entitled to withdraw early from the fixed-term contract and to terminate the appointment and
assignment, in case of serious breaches of legal obligations and the contract or to the fact that
, being prejudiced by the Administration, does not allow the continuation, even temporary
, assignment.
2. The right of withdrawal shall be accorded to the Manager. 3
. They shall communicate the withdrawal in due time by registered letter with acknowledgment of receipt
.


Art.14 (Duties of the Manager)

1. Except as provided by the civil service rules, the Manager has the obligation of
:
a. keep an exemplary conduct based on the principles of dignity and professional ethics, honesty,

Loyalty and allegiance to the Republic;
B. fulfill the duties according to the reference profile role taking care to pursue
the exclusive interest of the State;
C. not profit from the subject matter of his functions or perform activities in contrast
with state interests;
D. promptly inform the Director of the Department or the Manager with the
Chief of Staff functions in the case of entities of the public sector, the existence of any criminal action
against him.
2. The Manager looks flexibility scheme working time provided for by law and by
collective agreement and / or the private contract referred to in Article 10, and is still held,
where service requirements so require, to make daily performance beyond normal working hours
. Such a mode of service is an integral part of the management function. The service
lent beyond normal working hours means compensated with pay referred to in Article 19
. 3
. Training and professional development is a duty and a right for the manager.




5

Art.15 (Disciplinary Rules)

1. The manager in charge of disciplinary policies for civil servants.
The disciplinary sanctions are, as appropriate, implemented or promoted by the Department Director or
by the Manager with the Chief of Staff functions in the bodies of the public sector.


Art.16 (General Incompatibility)

1. Without prejudice to the incompatibilities provided for civil servants, it is forbidden to
Manager, whatever his employment relationship:
a. free to exercise professional activities, commercial, craft and industrial and play
performance in the alternative in private companies;
B. to hire consultants and perform any gainful activity, on their own or on behalf of
natural and legal persons of private law;
C. to enter into business relationships with the State and organizations of the public sector, both directly and indirectly
;
D. to assume the management and supervisory positions in companies and private entities with-profit
or which aim the exercise of economic activity;
E. to carry out any performance and to take any job, even of occasional nature
in free form or paid on behalf of companies and private entities with-profit
or otherwise engaged in economic activities;
F. the direct or indirect ownership interests in the capital of companies with profit
operating in sectors that fall within the competence Organisational Unit which is in charge
or they enter into business relations with the Public Administration;
G. to represent rights of third parties against the state.
2. The Manager is obliged to avoid situations that create conflicts of interest and
promptly notify the Director of the Department of competence any incompatibilities,
well as cases of potential conflict of interest. 3
. The Directorate General of Public Administration for justified reasons, to be taken
within one month from the request, may declare compatible with the leading position it
execute any work related to scientific and artistic activities that do not affect the normal activities
working.


Art.17 (Special Incompatibility)

1. In order not to compromise the impartiality and independence of the executive in the exercise of its functions
, with the legislation that governs the tasks and functions of individual organizational units will be identified
any special incompatibility in which the Manager
assigned to specific organizational unit should not be paid during the vesting period, and during
period before and / or after the same. For the same reasons will be
established the maximum continuous duration of allocation to specific organizational units and then
reporting any potential rotation needs.
2. It 'still incompatible the task of the manager appointed by the Great and General Council
with the role of the Great and General Council member and Secretary of forces
Political and trade union, however denominated.




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Art.18 (Rights)

1. The provisions of Article 7 of the present law, the Manager is entitled:
a. to be used to the duties according to the reference profile role, except as provided in Article 21
for staff positions;
B. the confidentiality of personal data;
C. the protection and respect of their privacy.


Art.19 (Remuneration)


1. The salary provided for the executive employee profile, whatever the
employment relationship, is fixed by law or enactment having the force of law and consists of the following items
:
a. Base salary;
B. salary position;
C. result of pay;
D. forward contract bonuses;
E. seniority with the regulations laid down by the civil service rules, if the Manager
both organically.
2. The basic pay for in the first paragraph letter a. It is related to the role profile management
. 3
. The salary position, for in the first paragraph, letter b., Follows the assignment to
an Organizational Unit, and varies according to the number of assigned employees, financial flows
managed, to request the professionalism and organizational complexity. Such compensation is paid voice
based on the parameters listed in the regulations governing the new functions of the individual
organizational units and is related to the base salary.
4. The result of pay, referred to in the first paragraph, letter c., Is related to the achievement of
advance certain objectives and shared with the Executive and is subject to the satisfactory
of the assessment of achievement referred to in Article 22. the amount of the performance-based reward
is related to annual salary position.
5. The forward contract allowance, referred to in the first paragraph, letter d., Is paid only to
executives that are not organic, at any qualification or profile role, in the Broader Public Sector
.
6. The remuneration referred to in the preceding paragraphs pays all the functions,
tasks and duties assigned to the Manager for Organizational Unit name assigned to it.
7. By delegated decree shall be governed the amount of the base salary, the roof and
the incidence of additional items mentioned in the first paragraph, and the method of allocation and disbursement
result of salary and remuneration for the allocation in staff.
8. The amount and percentage of the salary items set out in this Article may be modified by delegated decree
.


Art.20 (Replacement of the Manager)

1. In the event of occasional absence of the Manager not less than 26 days and the duration
approximately up to three months, the Organizational Unit management is delegated to employees already
assigned to the same, following in hierarchical order and that covers a functional position for
access to which is required graduation, on the orders of the Director of Department of
competence or the Manager with functions of Chief of Staff in the entity the responsibility of the Broader Public Sector
.
7
2. In the temporary absence of the Director of longer duration to the period provided for by
preceding paragraph, the State Congress proceed directly to the appointment or
entrusts this task to the Manager of the competent Department or the Chief Executive with functions
the Public Sector Entity competence Staff Broader in favor of employee
preferably already assigned to the same organizational unit, which covers a functional
location for access to which is required five-year degree or old sorting. 3
. The procedures and criteria for the award of the substitutions referred to in paragraph
are defined by a regulation under Article 13 of the Qualified Law n.186 / 2005
at the proposal of the Directorate General of Public Administration.
4. The Manager intends to be absent from work for a period that it must enable
replacement or intends to request to be retired, it is required to notify with
advance, including for the timely start of the necessary procedures.


Art.21 (staff appointments)

1. The Manager, in an organic or fixed-term contract valid until the
its natural end, can be expected to perform, together with the Unity Organizing
direction or exclusively, on the orders of Congress State, advisory functions,
study and research, control or other specific assignments.
2. The activities referred to in the preceding paragraph may be entrusted:
a. in the event that the Administration for the implementation of special projects intends to use personal
Manager with specific competence and professionalism;
B. in the event of restructuring and reorganization involving the modification or deletion Organisational Unit
that has the Manager or the alteration or deletion of
managerial job title or the modification of its requirements. In this case, the Manager has

Priority in the allocation of management positions that had become vacant, given the nature and the characteristics of
programs to be implemented, the requirements and skills
acquired in previous experiences;
C. in cases of temporary incompatibility or in the presence of situations that do not allow the continuation of the allocation
without injury to the Administration;
D. at the request of the Manager, consistent with the Administration's needs. 3
. Assignment staff can only take place with the motivation that the conditions
referred to in the preceding paragraph.
4. The State Congress decides periodically, according to changing needs
Administration, the maximum number and the maximum length of staff assignments exclusively
for the purpose of rational use of resources and cost containment .


Art.22 (management rating)

1. The management evaluation of the management function has as its objective the promotion
and motivation of senior management and, therefore, aims to estimate the degree of effectiveness, efficiency and economy
work of the Executive in the direction of ' OU,
in view of plans and assigned programs and human and material resources available,
in order to develop strategies for improvement of administrative action.
2. By delegated decree will define the arrangements, criteria and skills, the
process for assessing the performance of managers, with the aims of:
a. improve the performance of Executives in relation to the provisions of the relevant profile of
role;
B. carry out the evaluation of the trial period, the results and expiry of the appointment;
C. define the result of salary.

8 3. The criteria and methods of evaluation must be objective and transparent and should
provide adequate information of the manager as well as his involvement.
Evaluation should cover the performance of the Manager in relation to the achievement of the objectives assigned
, to the results achieved in terms of appropriateness and quality of performance and
users orientation, the effectiveness of the organizational models adopted, the ability to motivate and lead
employees, the management of financial resources allocated to the improvement of services, and in any case
to compliance with duties and to managerial and professional capacity.


Art.23 (Transitional rules. Quests and assignments)

1. The employment relationship for management qualifications of the public sector that
any capacity are in progress at the date of entry into force of this Act, they are regulated by this
, as regards regulatory aspects, as after its entry into force, without prejudice to special rules
mutatis mutandis.
2. Within six months after entry into force of this Act, the State Congress has
about the tasks and assignments relating to existing management positions
appointment of the State Congress, also for their start together and run in application of the rules set out in this
law, but without prejudice to their deadline the date of entry into force of the legislation on
new missions and functions of the offices and services. Until the resolution which has about the ownership
assignment in progress and the allocation in the course, for whatever reason, they are extended for both executives
to contract for those organically. 3
. Executives at the entrance role in managerial qualifications into force of this law, have
right to remain in their assigned positions of organic Annex "A" of
Law 106 of 17 September 1993 and as amended, unless otherwise decided adopted for
occurrence of circumstances that allow changing the assignment in accordance with Article 9 and Article 21.

4. Executives in the role that the date of entry into force of this law are framed in a specific
management post of staffing, if he has given it or lend their consent to a different assignment for
Administration's requirements, they are entitled to return in the
role position on expiry of different assignment, and may fall prematurely if
this coincides with the Administration's needs.
5. For business relationships concerned, will be taken new
private law contracts on the basis of standard forms.
6. Executives with the employment relationship existing on the effective date of this Act,
may be extended in his role even in the absence of the requirements of Article 6, c), and e
).

7. Executives in the role that the date of entry into force of this law are framed in
a specific managerial position, may remain assigned to the positions and conditions of which
paragraph 3, even where the legislation of the new features Organisational Unit Broader Public Sector
where, for its location, level of different study than the one requested
by current regulations on the entry into force of this Act.
8. Until the definition of new missions and functions of the offices and services in the
public administration reform, is retained by the Managers to the powers already provided for the respective organizational units
.


Art.24 (Transitional provisions. Salary)

1. The date of entry into force of the decree establishing the new remuneration referred all'articolo19
and legislation on the new features of the organizational units of the public sector,
9
lapse ongoing economic treatments that date, including any bonuses, or otherwise referred to as compensation
, arranged by resolution.
2. With Resolution referred to 'Article 23, paragraph 2, of the Congress of State has about
salary by applying the rules in force before the entry into force of this Act. 3
. With the entry into force of the rules referred to in the first paragraph of the Managers that
entry into force of this Act, are role in the executive grade can keep the treatment
wage established by the applicable legislation before the date of entry into force of this Act,
excluding any allowances and fees on a personal basis, or to opt at any time for the new treatment
pay for in this law. The option is irrevocable.
4. Until the entry into force date for the evaluation of executives, remuneration of results
can be delivered as a result of the achievement of the expected results from the act of commission or
from the contract, according to the Congressional evaluation State, on the proposal of the Secretary of State responsible
, consistent with the principles set out in Article 22.

Art. 25
(coordination rules)

1. The rules referred to in this law are special rules than those of
public employment, which apply to the extent compatible, although not expressly
expected.
2. They are subject to special rules as may be provided for managers belonging to
Medical Corps Institute for Social Security. 3
. The future organizational and regulatory acts of the institutions of the public sector will have to transpose
however the pay structure of the present law.
4. The duties provided by this law ends of the Department and the Directorate General of Public
, on the one hand, and the Department Directors, on the other hand, are the responsibility respectively of the
Chief of Staff and the Department Coordinators which are subject to the rules laid down by the laws
23/1995 and No. 28/1995 until the new rules, which will have about.

Art.
26 (Repeals)

1. They have repealed the law 23 October 1990 n. 118 and any rules contrary to the present
law.

Art.
27 (Entry into force)

1. This Law shall enter into force on the fifteenth day following its publication Legal
.

Our Residence, this day of July 31 2009/1708 dFR



THE CAPTAINS REGENT Massimo Cenci - Oscar Mina



THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta

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