# Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Executive Council (142.12) **Acronyms:** OrG, LOrg, LOr **Jurisdiction:** CH-AR **Canonical URL:** https://legislator.ch/en/law/ch/ar/142.12/142-12-org-government-and-administrative-organisation-act-organisationsgesetz-org-executiv **Official Source:** https://ar.clex.ch/app/de/texts_of_law/142.12 ## Provisions ### Art. 1 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Executive Council 1. The Government Council fulfills the tasks assigned to it by the constitution and law. It directs, plans, and coordinates the necessary state actions, ensures execution, and bears the overall political responsibility for it. 2. It ensures a lawful, efficient, coordinated, effective, and appropriately organized cantonal administration. It exercises constant and systematic supervision over the cantonal administration. ### Art. 2 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Cantonal Administration 1. The cantonal administration, including the non-independent cantonal institutions and enterprises, supports the government council and carries out the tasks assigned to it. 2. Through cantonal legislation, other public organizations as well as natural and legal persons under private law may be entrusted with public duties. ### Art. 3 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Government and Administrative Activities 1. The Government Council and the cantonal administration operate on the basis of the constitution and law, particularly according to the principles of proportionality, effectiveness, efficiency, and sustainability. 2. They cooperate with the municipalities, other cantons, the federal government, and neighboring foreign countries. 3. The Government Council promotes the joint fulfillment of public tasks. 4. It informs the public and the Cantonal Council about governmental and administrative activities. ### Art. 4 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Principle of Collegiality; Custody 1. The government council makes its decisions as a collegial authority. 2. Each member supports the decisions made and represents them. 3. Exceptionally, a member can declare a reservation against a decision if they cannot support it due to serious reasons. ### Art. 5 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Duties of Government 1. The Government Council performs its duties by, in particular a) continuously observing, assessing, and promptly ordering appropriate measures for developments significant to the canton; b) dealing with long-term and fundamental issues, and developing forward-looking solutions for governmental action; c) setting clear objectives and strategies for its government policy, aligning them with available resources, and ensuring their effective and timely implementation; d) planning and coordinating the essential activities of the canton; e) periodically reviewing the scope and fulfillment of state tasks; f) maintaining relationships with the public and staying informed about opinions and concerns raised in public discourse; g) participating in federal law-making; h) engaging in cantonal legislation according to the constitution. 2. The business of the Government Council as a collegial body takes precedence over the obligations of individual members within their departments. 3. The Government Council is obliged to ensure the continuity of governmental activities at all times. ### Art. 6 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Government Program 1. The Executive Council prepares a governmental program for each term of office. It contains the goals, means, and strategies of government policy. 2. The Executive Council submits the governmental program to the Cantonal Council for deliberation. 3. The Executive Council reports annually to the Cantonal Council on the status of implementation and achievement of goals and prepares a final report at the end of the term of office. ### Art. 7 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Disclosure of Conflicts of Interest **1. Members of the Government Council inform the Cantonal Chancellery of all their conflicts of interest.** 2. The Cantonal Chancellery maintains a public register. Changes are recorded at the beginning of each administrative year. 3. The register provides information particularly about a) *Holdings in private law companies comprising at least 30% of the capital or voting rights;* b) *Activities for charitable foundations and organizations;* c) *Memberships in communal, cantonal, national, and international interest groups;* d) *Representations of the canton in public and private law organizations.* 4. Members of the Government Council disclose the specific conflicts of interest when they comment on a matter that directly affects their interests or those of third parties to whom they have a significant personal or legal relationship. The right to recusal remains reserved. ### Art. 8 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Full-time Position 1. The members of the government council shall fully dedicate their labor and working time to the governmental office. 2. They may not undertake any duties that are incompatible with the tasks or position of the office. Incompatibilities with the governmental office include a) other gainful activities; b) mandates for board of directors, management, and supervisory board positions in organizations with an economic purpose; c) other activities that can lead to conflicts of interest with the office; d) a mandate as a National or Council of States member, unless the member resigns from the government council at the end of the term year. 2bis. Compatible with the governmental office are representations of the canton in organizations of public or private law, if such representations are provided by law or agreement, or if the government council decides on a representation due to important public interests. 2ter. Tasks that are incompatible with the governmental office must be relinquished without delay, but no later than twelve months after taking office. 3. If it is unclear whether an activity is compatible with the full-time office, the government council shall decide, excluding the member in question. The decision is final. ### Art. 9 Government and Administrative Organisation Act (Organisationsgesetz; OrG) 1. At the beginning of each term of office, the Executive Council shall decide on the allocation of the departments and the deputies of the heads of departments. In addition, it shall determine the permanent representatives of the Executive Council. 2. When allocating the departments, deputies, and other duties, an effort shall be made to achieve as even a distribution of workload as possible. 3. The members of the Executive Council are obliged to take over the department, the deputies, and the permanent representations assigned to them. ### Art. 9a Government and Administrative Organisation Act (Organisationsgesetz; OrG) - b) Representation of the Landammann 1. At the beginning of each term of office following the election of the Landammann, the Executive Council elects the Deputy Landammann. ### Art. 10 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Reallocation 1. If a replacement election occurs during the term of office or a member requests a reallocation, the government council shall decide anew on the allocation of departments and deputies. The same applies to the permanent representations of the government council. ### Art. 11 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Government Council as a Collegial Body a) Meetings 1. The government council shall convene as often as business demands. 2. It sets the regular meeting dates. Extraordinary meetings are held at the direction of the Landammann or at the request of a member; the Landammann determines the type of meeting, location, and date. ### Art. 12 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - b) Chairmanship and Participation 1. The President directs the proceedings of the Government Council. 2. In addition to the members of the Government Council, the Secretary of the Council participates in the proceedings with an advisory vote and records the minutes. He or she has the right to submit motions. 2bis. The Government Council may involve the Head of Information and Communication with an advisory vote in the proceedings. 3. The Government Council may involve internal or external experts. No resolutions are made in the presence of these persons. ### Art. 13 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - c) Negotiations 1. In order to negotiate validly, at least three members of the government council must be present. 2. The government council makes decisions of substantial importance or political significance after joint and simultaneous consultation. 3. Other decisions may be made through simplified procedures. ### Art. 14 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - d) Resolution 1. Votes and elections are conducted openly. All members of the government council are obligated to cast their votes. 2. A resolution requires a majority vote from the members present to be valid. In the event of a tie, the chairperson has the deciding vote. 3. If a motion is unchallenged, it is considered accepted without a vote. 4. In urgent cases, resolutions may be made by circulation. They are valid if all reachable members of the government council, but at least three, have agreed. 5. Reconsideration of a resolution requires the agreement of at least two members. The law on administrative legal proceedings remains reserved. ### Art. 15 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - e) Minutes 1. Minutes of the negotiations shall be kept. They shall include the resolutions along with their considerations and discussions of fundamental importance that did not result in any resolution. 2. The voting ratio in ballots and elections must not be specified. 3. ... ### Art. 16 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - f) Signatures 1. Correspondence of special significance issued by the Government Council shall be signed by the Landammann and the Council Clerk or the Council Scribe in the name of the Government Council. 2. The Government Council may grant special powers for the execution of contracts. 3. Other correspondence as well as excerpts from the minutes shall be signed by the Council Clerk or the Council Scribe on behalf of the Government Council. The reproduction of the signature by means of a stamp or electronically is permissible. ### Art. 17 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Landammann a) Duties 1. The Landammann, in cooperation with the Cantonal Chancellery, ensures that the tasks of the Government Council are taken up and completed in a timely, appropriate, and coordinated manner by a) leading and supervising the affairs of the Government Council; b) ensuring optimal cooperation within the cantonal administration; c) preparing the negotiations of the Government Council; d) overseeing that the supervision of the cantonal administration by the Government Council is organized and exercised appropriately; e) mediating disputes in contentious matters. 2. He represents the Government Council externally, unless decided otherwise. ### Art. 18 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - b) Powers 1. In urgent cases, the Landammann is authorized to make decisions on behalf of the Government Council as an exception. These decisions must be submitted to the Government Council for acknowledgment at the next meeting. 2. The Landammann can order investigations and propose measures to the Government Council. ### Art. 19 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - c) Representation 1. If the Landammann is prevented from performing their duties, the deputy Landammann shall assume the presidential powers. 2. If the deputy is also unable to perform the duties, the oldest member by age shall assume the role of deputy. ### Art. 20 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Government Council Delegations a) Purpose 1. The government council may appoint delegations from among its members for the planning, coordination, preparation, and execution of certain matters. ### Art. 21 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - b) Powers and Information 1. The Executive Council may delegate decision-making powers to the delegations. However, any member of the delegation can request that the matter be submitted to the Executive Council for a decision. 2. The other members of the Executive Council shall be informed about the deliberations and decisions of the delegation. ### Art. 22 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Delegates 1. The Executive Council may appoint delegates for specific tasks. ### Art. 23 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Delegation of Authority 1. If no superior law opposes, the Executive Council may, by resolution, delegate powers without particular significance to a department or the Cantonal Chancellery for independent execution. ### Art. 24 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - General 1. The commissions have an advisory function. The legislation may assign additional tasks to the permanent advisory commissions. 2. They constitute themselves, unless otherwise specified. 3. They keep minutes of their deliberations. The government council may review the minutes at any time. ### Art. 25 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Permanent Advisory Commissions 1. Standing advisory commissions are elected at the beginning of a term of office for the respective duration of the term. 2. Resignation can be declared until the end of January of a term year. Members who resign remain in office until the end of the respective term year. 3. Members who belong to a commission by virtue of their office shall leave the commission at the end of their term. ### Art. 26 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Special Committees 1. Special commissions are appointed for the duration of the mandate. The government council determines the number of members, the chairperson, and the secretariat. ### Art. 26a Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Compensation 1. The Executive Council regulates the compensation of the commission members. ### Art. 27 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Principles of Organization 1. The cantonal administration is divided into departments and the cantonal chancellery. They may be further subdivided into organizational units, with generally no more than two hierarchical levels to be established. 2. The designation of the organizational unit is irrelevant to its position within the administration. Organizational designations used in laws are not binding and may be changed by regulation. 3. Each department has a departmental secretariat. ### Art. 28 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Organizational Structure 1. The Governing Council determines the organizational structure by regulation and assigns tasks to the organizational units. ### Art. 29 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Mandate and Planning 1. The departments and the cantonal chancery shall, in particular a) support the government council in fulfilling its governmental duties; b) prepare the matters of the government council; c) independently handle the matters assigned to them by legal order or resolutions; d) participate in the preparation of legislation; e) provide additional services within the scope of their legal mandate. 2. They plan their activities within the framework of the overall planning of the government council and keep it regularly informed. ### Art. 30 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Performance Mandates 1. The Executive Council may establish organizational units with performance mandates and determine the necessary degree of autonomy for them. ### Art. 31 Government and Administrative Organisation Act (Organisationsgesetz; OrG) 1. The Executive Council as well as the heads of departments conduct the cantonal administration. 2. Each member of the Executive Council manages the department assigned to them and bears the political responsibility for it. 3. The Cantonal Chancellery is organizationally subordinate to the Governor. ### Art. 32 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - b) Principles 1. The Executive Council and the Heads of Departments fulfill their leadership duties by, in particular a) establishing the guidelines, goals, priorities, tasks, as well as planning and budgeting; b) monitoring the achievement of the goals, fulfillment of tasks, planning, and budgeting through appropriate, modern internal control systems and controlling instruments; c) coordinating the activities of the individual organizational units; d) utilizing modern leadership and organizational tools. 2. The Heads of Departments have, in principle, unrestricted directive and control rights within their departments. ### Art. 33 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - c) Information 1. Each member regularly informs the Government Council about all important matters within their area of responsibility. ### Art. 34 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - d) New Forms of Administrative Management 1. The Executive Council is authorized to experimentally introduce new forms for the further development of administrative management methods. 2. It informs the Cantonal Council about the progress and impact of the experiments, as well as the insights gained from them. ### Art. 35 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Cooperation 1. The individual offices of the cantonal administration collaborate, coordinate their work, and support as well as inform each other. 2. If a matter affects other departments or the Cantonal Chancellery, a co-reporting procedure is generally conducted. 3. If a matter exceeds the jurisdiction of a department or the Cantonal Chancellery, the Cantonal Chancellery designates a leading office; if necessary, the Executive Council determines the further course of action. 4. The Executive Council may establish special coordination offices, conferences, working groups, or project organizations for the handling of matters. Members who do not belong to the cantonal administration can also be appointed to these. ### Art. 36 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Jurisdictional Conflicts 1. On jurisdictional conflicts between departments or between departments and the Cantonal Chancellery, the Government Council makes the final decision. ### Art. 37 Government and Administrative Organisation Act (Organisationsgesetz; OrG) 1. The Cantonal Chancellery is the general staff office of the Executive Council and the Cantonal Council. It fulfills, in particular, tasks in the areas of political planning, political rights, political, legal, and administrative support of the Executive Council and Cantonal Council, publication of official documents, information, and archiving. The Executive Council may assign additional tasks to the Cantonal Chancellery. 2. The Cantonal Chancellery is headed by the Cantonal Secretary. She or he is specifically responsible for a) advising and supporting the Landammann and the Executive Council in the fulfillment of their duties, b) participating in the preparation and conduct of the deliberations of the Executive Council and Cantonal Council, c) ensuring the liaison and coordination between the Executive Council, Cantonal Council and their bodies, as well as the conference of departmental secretaries, d) ensuring interdepartmental coordination as well as internal and external communication, e) providing the necessary infrastructure for the Executive Council and Cantonal Council, and f) conducting elections and referendums. 3. The Executive Council shall designate a deputy. She or he supports and relieves the Cantonal Secretary in all functions and represents her or him in the event of their inability to act. ### Art. 39 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Structure 1. The Cantonal Administration Comprises the Following Departments a) * Finance b) * Education and Culture c) * Health and Social Affairs d) * Construction and Economic Affairs e) * ... f) * Internal Affairs and Security g) * ... ### Art. 40 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Department Secretariat a) Status and Management 1. The Department Secretariat is the general staff office of the Department. 2. It is managed by a Department Secretary. ### Art. 41 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - b) Duties 1. The Department Secretariats shall specifically a) conduct the general affairs of the department and independently manage the tasks assigned to them in their own name; b) support the head of the department in the planning, organization, and coordination of the department's activities as well as in the preparation of government council meetings, and advise them in decision-making; c) perform supervisory functions according to the instructions of the department head. 2. The Department Secretariats may also be assigned tasks other than staff duties, and they may be subdivided for this purpose. ### Art. 42 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Organizational Units a) Function 1. Organizational Units The organizational units carry out the tasks assigned to them by legislation or by resolution of the government council. ### Art. 43 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - b) Management 1. The organizational units are led by female leaders or male leaders. 2. ... ### Art. 44 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Responsibility 1. The heads of department secretariats and organizational units are responsible to their superiors for the management of their area and the fulfillment of assigned tasks. ### Art. 45 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Signature Authorization 1. The Executive Council regulates the authorization of signatures for the departments, the Cantonal Chancellery, and the organizational units. It may delegate the regulation of signature authorization for the organizational units to the heads of departments or to the Cantonal Secretary. 2-3 ... 4. The Cantonal Chancellery maintains a public register of signature authorizations. ### Art. 46 Government and Administrative Organisation Act (Organisationsgesetz; OrG) 1. Members of the DSK are the Council Clerk and the Department Secretaries. 2. The DSK is led by the Council Clerk. 3. Its duties include, in particular a) Assisting in the planning and coordination of government, administrative, and cantonal council activities; b) Serving as an information forum for projects concerning the cantonal administration; c) Facilitating mutual information exchange; d) Addressing general coordination issues; e) If necessary, establishing a unified position on factual matters. ### Art. 47 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Official Secrecy 1. Members of the Government Council and the commissions, as well as cantonal employees and third parties who are consulted for task fulfillment or who have been assigned a task, are obligated to maintain confidentiality in official matters that are confidential by nature or according to specific regulations. The duty of confidentiality must also be observed after leaving the office, a commission, or after the termination of employment or the assignment. ### Art. 48 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Recusal 1. The recusal is governed by the provisions of the Administrative Procedure Act. 2. Anyone who is recused shall abstain from deliberations and decision-making. 3. Members of the government council are not required to recuse themselves when dealing with matters of legal entities to whose board of directors they belong by virtue of their office. ### Art. 49 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Acceptance of Gifts 1. Members of the government council or commissions, as well as employees of the canton and third parties entrusted with the fulfillment of a task, are not permitted to solicit, accept, or promise to accept any gifts or other benefits in the course of their official duties. Exempted are customary occasional and courtesy gifts of minor value. ### Art. 50 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Involvement of Experts 1. The Government Council and the cantonal administration, the Data Protection Officer (DSK), as well as the commissions, may consult internal or external experts. 2. ... ### Art. 51 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Representation before Courts 1. Unless the Executive Council decides otherwise in a particular case, the Canton is represented before cantonal and federal courts and appellate instances by the department responsible for the subject matter of the dispute or by the Cantonal Chancellery. The Executive Council must be regularly informed. 2. The acceptance of a settlement or the declaration of waiver requires the approval of the Executive Council. ### Art. 52 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Implementing Provisions 1. The executive council issues the necessary implementing provisions. ### Art. 54 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Repeal of Previous Law 1. The Rules of Procedure of the Government Council of November 14, 1988, are repealed. ### Art. 55 Government and Administrative Organisation Act (Organisationsgesetz; OrG) - Referendum and Entry into Force 1. This law is subject to the optional referendum. 2. The government council determines the commencement.