Act on eGovernment and IT (eGovG) - Purpose

1. The law aims to make the fulfillment of public tasks economically efficient and citizen-friendly through the use of information and communication technologies.

2. It promotes the collaboration between the canton and municipalities through a joint strategy, a shared information technology operation, and joint decision-making.

1. The law applies to the canton with its administrative units and autonomous institutions, as well as to the municipalities with their administrative units.

1. The canton and municipalities utilize information and communication technologies to continually improve the fulfillment of their tasks and to simplify business transactions. They are guided by the state of the art.

2. The canton and municipalities periodically establish a joint eGovernment and information technology strategy.

3. The canton operates an eGovernment coordination office. It ensures, as the primary point of contact, the professional exchange between administrative offices as well as with inter-cantonal bodies.

1. The protection and exchange of data are governed by cantonal and superior regulations.

2. Information and communication tools must be protected against harmful influences, and data must be secured against unauthorized access, unauthorized processing, and loss.

3. Security measures must be continuously reviewed.

1. The Canton and the municipalities meet their basic needs for information and communication technology through the joint IT operations.

2. The basic needs include, in particular, the technical infrastructure and widely used standard applications. Further details are determined by the joint eGovernment and IT strategy.

3. Expenditures for basic needs are considered binding.

4. ...

1. The strategy defines objectives, priorities, and principles for the use of information and communication technologies in the canton and municipalities, as well as for the further development of eGovernment. It includes a factual and scheduling plan.

2. The strategy takes into account the needs of the canton and municipalities, as well as the population and the economy. It considers overarching plans and the requirements of the federal government.

3. The strategy is developed by the joint Informatics Strategy Commission in consultation with the canton and municipalities.

4. To be binding, the strategy requires the approval of the government council and two-thirds of the municipalities, which must represent at least fifty percent of the population.

1. The Joint IT Strategy Commission consists of three representatives each from the canton and municipalities, two representatives from the joint IT operations, and one independent expert appointed by the government council. The representatives of the joint IT operations have an advisory role without voting rights. The appointment of the commission members is for a term of four years.

2. The government council appoints the chairperson from among the commission members. The cantonal eGovernment coordination office provides the secretariat.

3. The canton assumes the compensation for the representatives of the municipalities and the independent expert.

4. Otherwise, the provisions concerning government council commissions apply mutatis mutandis.

1. Joint projects beyond basic needs are implemented if they have been included in the joint strategy, the legal framework conditions are met, and the necessary expenditure resolutions are in place. Implementation is carried out through the joint IT operations.

2. Joint projects between the canton and municipalities require the approval of the canton and two-thirds of the municipalities, which represent at least fifty percent of the population.

3. Joint projects of the municipalities require the approval of two-thirds of the municipalities, which represent at least fifty percent of the population.

4. The joint IT operations undertake the implementation of additional projects upon special mandate.

1. The joint IT operation provides its services at cost-covering, market-appropriate, and transparently designed prices.

2. The pricing structure is subject to periodic review by the cantonal financial control. The ARI Board of Directors informs the shareholders about the results of the review.

3. ...

1. Under the corporate name "AR Informatik AG" (hereinafter ARI), there exists a special statutory joint-stock company with its own legal personality and registered office in Herisau.

2. ARI assumes control of AR-NET Informatik AG pursuant to Article 751 of the Swiss Code of Obligations (CO).

3. The joint-stock company shall be entered into the commercial register.

4. Unless otherwise stipulated by this law or the articles of association, the provisions of the Swiss Code of Obligations regarding joint-stock companies shall apply mutatis mutandis to ARI. Exceptions are the provisions concerning the formation pursuant to Articles 629-635a CO, as well as the provisions regarding the acquisition of legal personality pursuant to Articles 643-645 CO.

1. The ARI serves the following purposes

a) Provision of services in the field of information and communication technology for the Canton and the municipalities;

b) Support for the Canton and the municipalities in the field of eGovernment.

1. The share capital amounts to 1,500,000 francs and is divided into 1,200 registered shares with a nominal value of 1,250 francs each.

2. The canton and municipalities contribute assets from AR-NET Informatik AG valued at 1,000,000 francs. Additionally, the canton provides a contribution valued at 500,000 francs.

3. The ARI is primarily financed through its own funds. It may obtain interest-bearing loans exclusively from the canton and the municipalities.

4. Reserves may be formed up to a maximum of 50 percent of the share capital.

1. The canton and the municipalities each hold 50 percent of the shares. The canton owns 600 shares.

2. The municipalities own the following number of shares

Urnäsch 29, Herisau 105, Schwellbrunn 23, Hundwil 21, Stein 23, Schönengrund 17, Waldstatt 24, Teufen 45, Bühler 24, Gais 30, Speicher 37, Trogen 27, Rehetobel 25, Wald 20, Grub 21, Heiden 37, Wolfhalden 25, Lutzenberg 21, Walzenhausen 27, Reute 19.

1. The ARI fulfills, in particular, the following tasks

a) Evaluation and definition of overarching IT architectures, standards, and application guidelines;

b) Procurement of information technology and communication resources;

c) Establishment and maintenance of workstations;

d) Operation of a high-performance network and the remaining base infrastructure;

e) Operation of applications;

f) Guarantee of network, data, and operational security;

g) Management or support of projects;

h) Consultations for the use of information and communication technologies.

1. The organs of the corporation are

a) the general meeting;

b) the board of directors;

c) the executive management;

d) the auditing body.

1. The General Meeting of Shareholders is the supreme body. It fulfills all tasks that are not assigned to another body by law or the bylaws.

2. The General Meeting passes resolutions and conducts elections with the absolute majority of the shares present. The voting weight in the General Meeting corresponds to the share of capital stock. The representatives of the shareholders act according to the instructions of the authority that appointed them.

3. The General Meeting is specifically responsible for

a) the adoption and amendment of the bylaws;

b) the election of the Board of Directors and the Chair from among the three independent members of the Board of Directors;

c) the election of the audit firm;

d) approval of the business report and the annual financial statements;

e) the resolution on the appropriation of profits;

f) the discharge of the bodies;

g) approval of contracts for services for other public-law institutions;

h) remuneration of the Board of Directors.

4. Individual shareholders may request the inclusion of an item on the agenda.

1. Composition

a) * The Board of Directors consists of five members.

b) * The canton and municipalities each have the right to propose one member.

c) The three additional members are specialists who have no direct or indirect conflict of interest with the canton or municipalities.

2. Tasks

a) Adoption of rules of procedure;

b) Election of the members of the executive management and from among them the director;

c) Approval of the budget;

d) * Preparation of the annual report and financial statements;

e) Establishment of corporate strategy;

f) Determination of the Internal Control System (ICS);

g) Conducting risk assessment;

h) Approval of standards;

i) Establishment of pricing policy.

1. The management consists of at least three members. It is led by a director.

2. The management serves as the point of contact and coordination for the needs of the canton and municipalities, as well as the customers.

3. The management appoints a responsible person who monitors compliance with data protection regulations within the company and serves as a professional contact point for the cantonal data protection supervisory body.

1. Employment relationships in the ARI are governed by the Personnel Act and the Remuneration Ordinance.

2. The Board of Directors issues the implementing provisions for the Personnel Act and the Remuneration Ordinance concerning the employment relationships of the ARI.

3. The Board of Directors regulates the responsibilities and tasks pertaining to personnel law.

1. The accounting is governed by the provisions of the Cantonal Financial Budget Act.

1. The ARI is under the supervision of the Cantonal Council.

2. The annual report and financial statements must be submitted to the Cantonal Council for their information after approval by the General Assembly.

1. The ARI is liable for its obligations and the actions of its employees. The canton is secondarily liable.

1. The Personnel Act is amended in Art. 2 para. 1 as follows

This Act applies to all employees of the canton, including its institutions and enterprises, as well as AR Informatik AG, unless superior law provides otherwise.

1. For the adaptation of the information technology of organizations with an independent IT operation to the provisions of this law, there is a transitional period of no more than four years.

1. Members of the Board of Directors shall remain in office until the conclusion of the 2019 General Meeting.

1. This law is subject to the optional referendum.

2. The government council determines the commencement.