Act concerning the Organisation of the Government Council and the Administration of the Canton of Basel-Stadt (Organisationsgesetz, OG) - Position (OG)

1. The Government Council is the highest executive and administrative authority of the canton.

1. The Government Council fulfills its duties by

a) performing governmental obligations;

b) managing the cantonal public services;

c) participating in cantonal and federal legislation;

d) being active in law enforcement and administrative jurisdiction;

e) ensuring the liaison between the authorities and the public.

1. The Government Council manages the governmental duties, particularly by

a) establishing the primary goals of state actions while respecting the authority of the voters, the Grand Council, and the municipalities;

b) continuously observing, assessing, and promptly implementing appropriate measures for all developments significant to the canton and the region;

c) planning the state activity in all principal areas;

d) ensuring the coordination of state activities at the governmental level;

e) representing the canton both internally and externally.

2. The governmental activity takes precedence over all other duties of the Government Council.

3. ...

1. The Executive Council submits a comprehensive medium-term plan to the Grand Council every four years, as well as an annual report with the budget detailing the priorities and political objectives for each area of responsibility.

2. The Grand Council acknowledges receipt of the plan.

1. The government council ensures the lawful, efficient, and rational operation of public services and determines their appropriate organization within the framework of the constitution and law.

1. While respecting the powers of the voters, the cantonal parliament, and its individual members, the governing council participates in the cantonal legislative process by, in particular

a) directing the procedure for drafting legislative proposals;

b) issuing regulations within the framework of the constitution and the law.

2. It prepares the consultations requested by the federal government from the canton.

1. The Government Council shall perform those administrative acts itself that cannot be delegated to subordinate authorities for execution due to the constitution and law or because of their significance.

1. The Government Council decides on appeals, insofar as their assessment falls within its jurisdiction based on the legal provisions concerning administrative procedures and administrative jurisdiction.

1. The government council is responsible for informing the public in accordance with § 20 of the Information and Data Protection Act.

1. The Government Council may appoint delegations from among its members for the planning, coordination, and preparation of matters, which may consist of no more than three members.

2. It may, subject to differing provisions in special laws, delegate decision-making powers to these delegations. Any member of a delegation may request that a matter be submitted to the Government Council for a decision.

3. The other members of the Government Council shall be informed about the deliberations and decisions of the delegations through minutes.

1. The President of the Government leads the activities of the Government Council.

2. He or she contributes significantly to ensuring that the Government Council recognizes its tasks in a timely manner, addresses them appropriately, and completes them within a reasonable period.

3. The President of the Government heads the Presidential Department.

1. The President of the Government is particularly responsible for ensuring that the following tasks of the Government Council are organized and executed appropriately

a) Internal and external communication,

b) Central planning,

c) Allocation and execution of the Government Council's work,

d) Interdepartmental coordination,

e) Central control functions,

f) Coordination of the Government Council's work with that of the Grand Council,

g) Coordination with municipalities,

h) Representation of the Government Council externally.

2. All members of the Government Council must contribute through their activities to alleviate the workload of the President of the Government Council and actively support him in carrying out his leadership duties.

1. The government council appoints the vice president.

2. If the government president is unable to act, the vice president shall represent her or him.

3. If the vice president is also unable to act, she or he will be represented by the most senior member of the government council.

**1. By Presidential Decree, the Chief Executive Officer may**

a) in urgent cases, order precautionary measures and make decisions in place of the Council of Government;

b) independently handle matters submitted to the Council of Government that are primarily formal in nature or of minor importance, or delegate them to an authority subordinate to the Council of Government for independent handling.

**2. Decisions pursuant to subparagraph a must be submitted to the Council of Government for retroactive approval.**

1. The government council convenes as often as business requires, but at least once a week.

2. The president of the government council convenes the meetings on their own initiative or at the request of two members of the government council.

3. The meetings of the government council are not public.

1. The sessions of the Government Council are prepared and chaired by the President of the Government.

1. The Executive Council determines which officials are required to attend its meetings and which of them are entitled to submit proposals concerning matters within their scope of responsibilities.

2. The Executive Council or the President of the Executive Council may, in individual cases, call upon other experts to participate in the discussions.

1. The Executive Council is quorate when at least four of its members are present.

2. The presence of three members is sufficient if all three declare the subject matter of the discussion to be either urgent or insignificant.

1. The Executive Council makes its decisions in an open vote, unless it generally orders the written procedure for certain transactions or in individual cases.

2. For elections, any member of the Executive Council may request the written procedure.

1. The Executive Council decides by majority vote; however, a resolution is only passed if at least three members agree.

2. The President of the Executive Council participates in the decision-making process; in the event of a tie vote, they cast the deciding vote.

3. For elections, an absolute majority of those present is required in the first two rounds of voting. In the third round, a relative majority is sufficient; in the event of a tie, the decision is made by drawing lots.

4. A resolution can only be reversed if at least four members agree and there is no legal finality opposing it.

1. Minutes are kept of the meetings of the Government Council.

2. Each member of the Government Council has the right to have their opinion, which differs from the majority decision, recorded in the minutes.

3. The minutes are open for inspection by the members of the Grand Council.

4. For matters for which the Government Council decides on confidentiality, special minutes are kept until they are fully resolved, which are only accessible to the members of the Government Council.

1. Generally binding ordinances as well as important resolutions and the elections of the government council shall be published in the Cantonal Gazette.

2. The government council shall regulate the signing of documents issued by it.

1. The Executive Council may issue internal rules of procedure to regulate the specifics of its operations.

1. A member of the Government Council may belong to the National Council, and another to the Council of States.

1. The general provisions that regulate the disqualification and restriction of voting rights for members of authorities and officials also apply to the members of the Government Council.

2. If the Government Council has to make an election among its members, there are no restrictions on their voting rights.

3. In the vote concerning appeals against departmental decisions, the head of the respective department has no voting rights.

1. The members of the Government Council are subject to the provisions of the Salary Act and receive a salary at the start of their tenure corresponding to salary class 28, level 12.

1. The cantonal administration is divided into the Presidential Department and six other departments.

2. The administrative units immediately subordinate to the departments are referred to in this law as divisions, sections, and staff units, regardless of their designation.

3. The departments are formed from divisions, sections, and staff units, with attention given, on one hand, to the preservation of functional relationships and the facilitation of workflows, and on the other hand, to achieving an as evenly distributed workload as possible among the department heads.

1. The President of the Government presides over the Presidential Department. The Government Council assigns the head of a specialized department to the other members. Furthermore, it designates a member as the deputy for each of the department heads.

1. Decisions of the Government Council pursuant to Sections 26 and 27 shall be announced in an appropriate manner, at a minimum through publication in the Cantonal Gazette.

1. The organization of the individual departments into divisions, sections, and staff offices is determined by the Executive Council.

2. It informs the Grand Council of the relevant decisions.

3. The Executive Council also periodically establishes which positions and how many employees per position are available to the divisions, sections, and staff offices to fulfill their duties.

1. The head of the department organizes and manages his department according to the principles of lawful, appropriate, and efficient administration within the framework of the objectives decided by the government council.

1. The Department Head fulfills their duties by, in particular

a) periodically establishing the tasks and objectives of the Department;

b) ensuring and monitoring the planning and budgeting for the Department;

c) making decisions that fall within their scope of responsibility;

d) continuously informing the government council about all important matters related to the Department and preparing decisions for the government council that are within its competence;

e) setting goals for the divisions, departments, and staff units of the Department and monitoring their achievement;

f) coordinating the activities of the divisions, departments, and staff units of the Department with each other;

g) ensuring the systematic development and promotion of the Department's management cadre;

h) periodically reviewing the Department's organization for its appropriateness, adapting it to changing requirements or, if the proposed measures fall within the competence of the government council, submitting appropriate proposals to the council;

i) ensuring that the government council is always informed about the departmental organization;

k) regulating the authority to sign within the Department.

1. The head of a division or department organizes and manages their division or department according to the principles of lawful, appropriate, and efficient administrative management, within the objectives set by the head of the department.

2. For the performance of this duty, § 31 shall apply correspondingly.

3. The head of a division or department possesses all competencies necessary for the effective fulfillment of their duties, which are not expressly reserved for a higher authority.

1. Staff offices advise, assist, and relieve the head of department to whom they are assigned.

2. Exceptionally, they may also be assigned other tasks.

3. The head of a staff office performs, by analogy, the same organizational and managerial duties for the office as a division or department head.

1. The government council may assign commissions to the heads of departments, as well as to the heads of sectors, divisions, and staff offices, if there is a compelling need to involve experts or representatives of specific population groups in the performance of individual tasks of public services.

2. Subject to differing provisions, the commissions have merely an advisory function.

3. In the absence of specific legal provisions, the government council may establish regulations for the commissions.

4. Before the term of office of a commission expires, the competent electoral body must assess whether a reappointment of the commission is justified, even if this is provided for by law or regulation. If it answers this question in the negative, no election should take place.

1. If a matter falls within the purview of multiple departments, the parties involved shall ensure timely mutual information and appropriate coordination measures.

2. The department primarily involved shall take the lead for the matter.

1. The Executive Council may assign the coordination of certain matters to existing administrative units or establish coordination bodies such as interdepartmental conferences, committees, and project groups, either permanently or temporarily.

2. Experts who do not belong to the Public Services may also be appointed to these coordination bodies.

1. The President of the Government supervises and promotes interdepartmental coordination and issues the necessary directives.

2. If a participating head of department disagrees with the directives of the President of the Government, the latter shall promptly bring about a decision by the Government Council.

1. Subject to differing provisions in special laws, the executive council determines which authorities have the power to issue decrees.

2. The procedure preceding the issuance of a decree must, in all cases, comply with the fundamental principles of the rule of law for administrative proceedings, particularly ensuring the principles of access to records and the right to be heard.

1. Anyone with a protectable interest may request from the authority responsible for actions based on the public law of the canton, which affect rights and obligations, that it

a) refrain from, cease, or revoke unlawful actions;

b) remedy the consequences of unlawful actions;

c) establish the illegality of actions.

2. The authority shall decide by issuing an order.

1. Orders shall generally be issued in writing, expressly designated as such, and accompanied by legal instructions that specify the permissible ordinary legal remedy, the appellate body, and the deadline for filing the appeal.

1. Orders are enforceable when they can no longer be contested through an ordinary legal remedy or if an ordinary legal remedy has been pursued but its suspensive effect has been withdrawn.

2. Enforceable orders are equivalent to enforceable court judgments within the meaning of the Federal Act on Debt Enforcement and Bankruptcy.

1. If a decision is not designated as final by a specific provision, it may be contested.

2. Subject to differing provisions, decisions by administrative units may be contested before the next higher authority; decisions of the Government Council and those of commissions elected by the Grand Council or the Government Council, or the Office of the Grand Council, may be contested before the Administrative Court.

3. If the Administrative Court lacks jurisdiction in the matter, the Government Council, subject to differing specific provisions, shall also adjudicate appeals against decisions of commissions elected by the Grand Council or the Government Council.

1. If the Executive Council is the appellate authority, it or the department assigned by it to handle the appeal may, within 30 days from the receipt of the appeal grounds, refer the appeal to the Administrative Court for a decision, provided that the court has subject-matter jurisdiction, with notification to the appellant.

1. The following provisions govern the internal administrative appeal procedure; the Administrative Justice Act applies to appeals to the Administrative Court.

1. Right to Appeal: The right to appeal is granted to anyone who is affected by the contested decision and has a legitimate interest in its revocation or modification, as well as to anyone who is authorized to appeal by specific provisions.

2. Decisions that can be appealed to the Government Council according to § 41 para. 3 may be contested by the competent head of the department or by an administrative unit authorized to do so by specific regulation.

1. The appellant may challenge through the appeal

a) Violation of law, including excess or abuse of discretion;

b) Incorrect or incomplete establishment of the legally relevant facts;

c) Unreasonableness.

1. The appeal must be filed with the appellate instance within 10 days from the issuance of the decision.

2. Within 30 days from the same date, the appeal grounds must be submitted, which shall include the appellant's motions and their justification, with an indication of the evidence.

3. Upon a substantiated request, the deadline for submitting the appeal grounds may be extended.

1. The appeal has a suspensive effect unless it is explicitly revoked in advance in the contested decision or, after the appeal has been lodged, by the appellate authority.

2. The appellate authority may restore the suspensive effect revoked by the lower authority; a decision on the corresponding request must be made without delay.

3. If the appellate authority is a collegial body, the powers enumerated in paragraphs 1 and 2 also belong to its chairperson.

1. The appellate authority must not assign any employees of the lower instance to handle the appeal.

2. It arranges for the necessary submissions and evidence to be filed, and can hear or have heard the parties involved and the experts.

3. Further powers may be granted to an appellate authority by statutory provision.

1. The appellate instance decides on the matter itself or remands it to the lower instance with binding instructions.

2. Due to disproportionality, the contested decision may be altered to the detriment of a party only if an alteration in favor of an opposing party necessitates it.

3. The appellate decision must be issued in writing, explicitly designated as such, accompanied by a legal remedy notice pursuant to § 39, and communicated to the parties and the lower instance.

1. If a person has a right to an order, they may file an appeal alleging that the issuance of the order has been unjustly denied or delayed.

2. This appeal is not subject to any time limit; otherwise, the provisions regarding the contestation of orders apply mutatis mutandis.

1. Any person may report facts that necessitate action against an authority to the authority's superior body.

2. This superior body shall inform the reporter about the outcome of their report.

1. A deadline is considered met if a submission is made in due time to an incompetent cantonal administrative authority but is not forwarded by this authority to the competent cantonal administrative authority within the deadline.

1. Authorities shall use language that is understandable to all parties, taking into account the special needs of persons with sensory impairments as well as those with cognitive disabilities. Where the written notification of orders or appeals is prescribed, parties with disabilities may request a brief verbal explanation if necessary.

1. Any additional legal provisions that conflict with this law are repealed or adjusted accordingly.

2. The government council is authorized to enact corresponding changes by means of regulations.

1. This law repeals the following laws and Grand Council resolutions

1. Law concerning the organization and rules of procedure of the government council of the Canton of Basel-Stadt dated April 9, 1908,

2. Law concerning the organization of the police department dated January 8, 1920,

3. Law concerning the organization of the health department dated April 14, 1910,

4. Law concerning the organization of the interior department dated November 8, 1900,

5. Law concerning the organization of the military directorate dated January 28, 1915,

6. Law concerning the office personnel of the public administration of the Canton of Basel-Stadt dated June 8, 1916,

7. Law concerning the cantonal educational and care institutions for juveniles dated April 27, 1911,

8. Law concerning a cantonal educational institution for mentally weak juveniles dated February 12, 1914,

9. Law concerning the officers of the penal institution dated June 29, 1893,

10. Law concerning the establishment of a city planning office dated May 7, 1931,

11. Law concerning the operation of the public material storage sites at Dreispitz dated January 10, 1901,

12. Grand Council resolution concerning the position of a third assistant tax administrator dated May 25, 1899,

13. Grand Council resolution concerning the employment of two additional officers for tax control dated February 13, 1919.

1. The Government Council is authorized, without being bound by conflicting provisions of existing laws, to

a) Transfer competencies from one department to another;

b) Transfer competencies from specifically designated administrative units subordinate to departments to other administrative units;

c) Integrate, merge, divide, or dissolve administrative units subordinate to the departments;

d) Consolidate commissions with advisory functions, appointed by the Government Council or a department head, by combining their statutory tasks and, if necessary, reducing the total number of members.

2. If the Government Council exercises these powers, it must adjust any conflicting legislative provisions through an ordinance.

3. It is authorized, in the event of such an adjustment and on other occasions, to formulate statutory competency provisions more generally in favor of a specific department, department head, or a specific subordinate administrative unit through an ordinance.

1. Each authority shall conclude the proceedings that are already pending before it at the time of the entry into force of the relevant provisions of this law in accordance with the provisions previously in effect.

1. The governing council determines the date on which this law or parts thereof shall come into effect.