Illegitimate SIMS Appointments (cross-border guide)

Di Valerie Linc · Published on

State Councilor Marina Carobbio has expressed her views on the illegitimate appointments to the management of the Upper Secondary Education Section (SIMS).

Contesto

TL;DR - SIMS appointments canceled due to procedural irregularities. - State Council decided not to appeal, opting for a new competition. - New competition aims to have a functioning SIMS by year-end. - Decision considers costs, impact on municipalities, and data protection. ## Key facts - Decision Maker: State Councilor Marina Carobbio - Cost of Appeal: 100,000 francs - Cost of New Competition: 50,000 francs - Impact on Lugano: 6-12 months delay without appeal - Data Protection: Regulations amended on January 1, 2022 - Budget Consideration: 0.01% of Canton's 1.2 billion francs healthcare budget - New Hospital Project: Construction in Bellinzona - Recruitment Regulations: In force since January 1, 2020 State Councilor Marina Carobbio has clarified the reasons why the State Council decided to waive its right to appeal to the Federal Court after the cancellation of the SIMS appointments by the Cantonal Administrative Court. 'On a personal and human level, I am disappointed with what happened, first and foremost for the people involved, but also for those who were indirectly involved,' Carobbio stated during the Grand Council session. The decision not to appeal the second judgment to the Federal Court and to hold a new competition was made 'after thorough legal analysis and assessments of opportunity.' The legal services highlighted procedural obstacles and a jurisprudence that made the chances of accepting the appeal negligible. The appointment of SIMS members is a complex process that requires great attention to detail. The State Council had initially appointed 15 members, but the Cantonal Administrative Court canceled these appointments due to procedural irregularities. The decision not to appeal against this judgment was made after a thorough evaluation of the costs...

Dettagli operativi

The Cantonal Administrative Court's judgment ruled on a specific case and does not call into question the current methods of selecting management personnel. The recruitment procedures remain unchanged, and the current procedures, which allow for distinguishing between mandatory and preferential requirements and defining binding criteria on a case-by-case basis depending on the function to be performed, remain valid. For example, for the selection of a municipal manager in Lugano, mandatory requirements such as a degree in political science and at least 5 years of work experience in management roles are required, while preferential requirements include knowledge of the Italian and French languages. The Government has also indicated that the involvement of external experts in the selection committees may be evaluated to strengthen the quality of the procedures. This could lead to an improvement in the evaluation of candidates, as in the case of the selection of a manager for the municipality of Locarno, where the selection committee was able to rely on the advice of an expert in public service management. The cantonal regulations in force since January 1, 2020, provide that the selection procedures must be transparent and based on objective criteria, such as the evaluation of qualifications and work experience. Furthermore, the law provides that candidates must be informed about the selection procedures and evaluation criteria. To ensure the transparency and objectivity of the procedures, the Government has established an operational checklist that must be followed by the selection committees. This checklist includes, for example, the publication of the competition announcement on the municipality's website, the definition of evaluation criteria, and the appointment of a...

Punti chiave

Regarding the professional proposal made to the two candidates after the cancellation of the appointments, Councilor Carobbio clarified that the decision not to appeal the second judgment to the Federal Court and to hold a new competition was made to ensure greater stability and legitimacy. This decision was influenced by the current regulations, such as the Law on Work in the Public Sector of March 14, 2003, which establishes the criteria for recruitment in the public sector. If you are a cross-border worker or a resident in Ticino interested in better understanding the recruitment procedures and job opportunities in the region, we recommend using our salary calculator to evaluate your options and plan your professional future. For example, if you are a cross-border worker living in Chiasso and working in Lugano, you may be entitled to a commuting allowance of CHF 1,200 per year, as provided for by the regulations of January 1, 2020. Furthermore, it is essential to consider the salary differences between the various Ticino municipalities. For example, the average salary in Lugano is CHF 55,000 per year, while in Locarno it is CHF 48,000 per year, as reported by the Canton of Ticino's Statistics Office in 2022. These differences can have a significant impact on your professional choices and quality of life. To help you navigate the complex world of cross-border work, we propose the following operational checklist: - Verify the requirements for the job you want to perform - Check the current regulations regarding recruitment in the public sector - Use our salary calculator to evaluate your options - Consider the salary differences between the various Ticino municipalities - Evaluate the opportunities for training and professional development. Additionally, it is crucial...

Punti chiave

[{"q":"Why did the Council of State decide not to appeal to the Federal Supreme Court after the annulment of the SIMS appointments by the Cantonal Administrative Court?","a":"The decision was taken after legal investigations and assessments of opportunity, in consideration of the impact that an appeal would have had on the Ticino municipalities and on the financial resources of the Canton. The legal services highlighted procedural obstacles and case law that made the chances of upholding the appeal low."},{"q":"What is the estimated cost for a new SIMS competition by the Council of State of the Canton of Ticino?","a":"The Council of State estimated that the costs of a new competition would be around 50,000 francs."},{"q":"What is the expected timeframe for the publication and selection of new SIMS members?","a":"The call for applications will be published within 2 weeks, with applications closing within 4 weeks. The evaluation and selection will last approximately 6 weeks, and the final appointment within 8 weeks."}]

Frequently Asked Questions
Why did the Council of State decide not to appeal to the Federal Supreme Court after the annulment of the SIMS appointments by the Cantonal Administrative Court?
The decision was taken after legal investigations and assessments of opportunity, in consideration of the impact that an appeal would have had on the Ticino municipalities and on the financial resources of the Canton. The legal services highlighted procedural obstacles and case law that made the chances of upholding the appeal low.
What is the estimated cost for a new SIMS competition by the Council of State of the Canton of Ticino?
The Council of State estimated that the costs of a new competition would be around 50,000 francs.
What is the expected timeframe for the publication and selection of new SIMS members?
The call for applications will be published within 2 weeks, with applications closing within 4 weeks. The evaluation and selection will last approximately 6 weeks, and the final appointment within 8 weeks.

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