A head of agency (also Head of Service or outdated Superintendent or service chief ) is the head of an agency or department . He holds an office with a leading function (leadership position), which can also be transferred on probation ( § 24 BBG ).
The head of agency is in its supervisory function for all decisions in civil service responsibility matters, in particular it performs the supervision over the his subordinate officials and given to officials (see for their official activities transfers. § 3 para. 2 and para. 3 BBG or § 146 GVG ). According to Section 37 (3) sentence 1 VwVfG , an administrative act must reveal the issuing authority and contain the signature or name of the head of the authority, his representative or his agent. The head of the authority represents the authority in administrative disputes, but can be represented by subordinate employees ( Section 62 (3 ) VwGO ).
His salary is based on the number of employees subordinate to him and is determined in a job evaluation (e.g. in the corporate budget). In the case of top offices in large authorities, the classification is made directly by law.
In Germany, most of the heads of authorities are civil servants of the higher service , but also some of the higher service . Also, employees may be head of agency. If this activity is only temporarily assigned to them on a temporary basis for at least one month, they can claim a personal allowance for this period in accordance with § 14 TVöD-AT.
The positions as head of authorities are usually advertised . If the head of the authority is a political official , he can be put into temporary retirement at any time .
- Organization chart of the Federal Motor Transport Authority with the head of the authority at the top
- Eckart Lohse: Protection of the Constitution and BND - The Self- Confident FAZ , August 12, 2015
- Draft of a law on the depoliticization of the police in the North Rhine-Westphalia state parliament, printed matter 16/2336 of March 20, 2013
- ↑ In the federal government z. B. by the pay regulation B .
- ↑ Collective agreement for the public service (TVöD) ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. As of April 1, 2014.
- ↑ BAG, judgment of April 16, 2015 - 6 AZR 242/14 .