Authorities Ordinance (BehV) - Definition and Scope (BEHV)

1. This regulation governs the rights and obligations of the cantonal authorities' members.

2. The members of the State Commission, the Grand Council, the courts, permanent and non-permanent cantonal commissions, and the mediators are considered as such.

3. More detailed provisions regarding the authorities' members in special decrees remain reserved.

1. The officials are required to perform their official duties faithfully and diligently. They must do everything that promotes the interests of the canton and refrain from anything that might impair them.

1. The members of the Professional Commission are entitled, within the limits of their available time, to engage in private professional activities or to hold private mandates.

2. The Professional Commission publishes a list of the private professional activities and private mandates of its members on the canton’s website.

3. If a private activity results in conflicts with the interests of the canton, the Professional Commission attempts to resolve the conflict amicably.

4. If no amicable resolution can be achieved, it shall order the necessary measures to mitigate conflicts of interest within the scope of legal possibilities.

1. Members of the authorities are obligated to maintain confidentiality regarding official matters that are, by nature, to be kept secret.

2. The duty of confidentiality remains in effect after leaving office.

3. Official material must, unless it is to be handed over to the successor for the continuation of the office, be returned to the authority or responsible entity, or destroyed upon their instructions.

1. It is prohibited for members of authorities to request, accept, or promise to accept gifts or other advantages for themselves or others in connection with official acts.

1. The canton is liable for damages caused by unlawful actions or omissions committed in the exercise of official duties by members of the authorities.

2. Members of the authorities are civilly liable for damage intentionally or grossly negligently caused to the community, in accordance with the provisions of the Code of Obligations.

1. The following fixed compensations are received by the listed members of authorities

1. * The Cantonal Commission

a) * Members of the Cantonal Commission: CHF 145,000.--

b) * Additional allowance for the ruling Landammann: CHF 25,000.--

c) * Additional allowance for the non-ruling Landammann: CHF 10,000.--

1a. * Of the Grand Council

a) President of the Grand Council: CHF 3,600.--

b) Members of the Grand Council: CHF 500.--

2. * Other members of authorities

a) * President of the Cantonal Court: CHF 60,000.--

b) * ...

c) * ...

d) * ...

e) * President of the Specialist Committee for the Protection of Cultural Heritage: CHF 5,300.--

f) * Members of the Specialist Committee for the Protection of Cultural Heritage: CHF 1,200.--

2. ...

3. If the office or fixed compensation begins or ends outside the usual term of office, the compensation is paid on a pro rata basis.

1. Members of the Standing Commission do not receive meeting fees.

2. Members of the Standing Commission receive an annual flat-rate compensation of CHF 5,000 for expenses related to official activities within the cantons of Appenzell Innerrhoden, Appenzell Ausserrhoden, and St. Gallen. Members from Oberegg receive an additional CHF 5,000. The presiding Landammann receives an additional CHF 1,000. Expenses for official activities outside the specified area are to be settled separately.

3. Compensation and meeting fees from function-related mandates are to be remitted to the state treasury.

4. If a member of the Standing Commission dies while in office, there remains an entitlement to salary continuation in accordance with the state's personnel law. The monthly salary is deemed to be one-twelfth of the annual compensation, including any allowance for a Landammann.

1. Members of the Cantonal Commission who are leaving office shall receive an annual severance payment amounting to no more than half of the compensation they last received as a member of the Cantonal Commission—excluding lump sums, allowances, board of directors' fees, and similar items. The entitlement is limited to the number of years of membership in the Cantonal Commission, but no longer than until reaching the AHV (Old Age and Survivors Insurance) retirement age.

2. If the total annual gross income after leaving the Cantonal Commission—including income from securities, real estate, social insurance, other benefits, and the aforementioned severance payment—exceeds the amount of CHF 145,000, the severance payment shall be reduced by the amount exceeding this limit.

3. The allocation is subject to the following conditions

1. The entitlement arises after a minimum of eight full years of service as a member of the Cantonal Commission until resignation, and provided that the age of 50 is reached in the year of resignation.

2. * The resigning member of the Cantonal Commission must submit an application. Classification is conducted by the Treasurer, or for the Treasurer, by the presiding Landammann.

4. Payment shall be made in twelve equal monthly installments.

1. Members of the Grand Council and the cantonal commissions receive a session fee for official activities such as meetings, discussions, delegations, and tours, amounting to CHF 100 for a half day and CHF 200 for a full day.

2. The presidency receives an additional allowance of CHF 20 for each half day, while the presidencies of the preparatory commissions, the judicial commission, and the state economic commission of the Grand Council receive an allowance of CHF 100.

3. For writing an official report, the responsible member of the state economic commission receives compensation of CHF 100.

4. Special demands on authority members (such as expert activities, drafting legislative proposals, etc.) are appropriately compensated based on the time spent. Related invoices must be approved by the treasurer. If the treasurer is the invoice issuer, the right of approval lies with the ruling Landammann.

**1. Members of the Courts are entitled to session fees of CHF 100 for each half-day and CHF 200 for the whole day, a presidential supplement of CHF 20 per half-day, as well as special compensations according to Art. 8 para. 4.**

2. Members of the Courts receive CHF 100 per case for document review.

3. The Courts determine additional compensation for the rapporteur and may reasonably increase the compensation for document review in particularly complex court cases.

4. The President of the Cantonal Court does not receive session fees, presidential supplements, or compensation for document review.

5. If the President of the Cantonal Court dies in office, there is an entitlement to continued salary payment in accordance with the personnel law of state employees. The monthly salary is considered to be one-twelfth of the annual compensation.

1. Other compensations are regulated by the professional commission.

2. It may further regulate the compensations for commissions for which it is the electoral body.

1. This resolution enters into force upon adoption by the Grand Council.