State Administration Act (StVG) - Scope (STVG)

1. This law regulates state administration, provided that other laws do not contain differing provisions.

2. The state administration includes

a. the government council and the authorities, departments, and offices subordinate to it;

b. autonomous and non-autonomous public-law institutions, unless specific legal provisions exist;

c. private individuals to whom state tasks are assigned.

3. This law applies to the courts and other judicial authorities, insofar as they do not act judicially and the legislation on court organization does not contain differing provisions.

4. The provisions on administrative procedures, excluding procedural costs, also apply to municipalities and other public-law corporations.

1. The state administration fulfills its tasks in the public interest according to the principles of legality, expediency, proportionality, and economic efficiency.

2. Its organs (authorities, departments, and offices) collaborate on joint tasks and apply modern management and organizational tools. They act independently within the scope of their competence.

1. The state administration informs on its own initiative about its activities, insofar as no public or protected private interests oppose it.

1. The State Administration supports the Cantonal Council in the exercise of its powers.

1. The Executive Council submits reports, requests, and drafts to the Cantonal Council either on its own initiative or upon the latter's request. The explanations accompanying draft decrees and resolutions must outline the essential consequences.

1. The Executive Council arranges for the departments and offices to provide secretarial and, in individual cases, case processing services for the preparatory commissions.

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1. The Cantonal Council Act determines the tasks of the State Chancellery and the Council Secretariat.

2. The Financial Control serves as a professionally independent specialized body for the financial supervision of the Business and Audit Commission of the Cantonal Council. The Financial Budget Ordinance specifies the tasks in detail.

1. The Council of State exercises its functions as a collegial authority.

2. If the Council of State is no longer able to make decisions, it will be supplemented to the extent necessary by members of the Cantonal Council, until it is able to make decisions again, for a specific, non-deferrable matter, by the council leadership.

1. The Landammann presides over the Executive Council.

2. The Landammann

a. ensures that the Executive Council undertakes and completes its tasks in a timely, appropriate, and coordinated manner;

b. prepares the deliberations of the Executive Council and mediates in contentious issues;

c. oversees that the supervision of the Executive Council over the cantonal administration is organized and exercised effectively;

d. can order investigations into specific matters at any time and, if necessary, proposes suitable measures to the Executive Council.

3. The Landammann represents the people and acts on behalf of the Executive Council externally, unless this responsibility falls to the council as a whole or is delegated to individual members.

4. The deputy responsibility lies with the Landstatthalter.

1. In urgent cases, the Landammann orders provisional measures.

2. If it is not possible to convene a meeting or conduct an extraordinary procedure, the Landammann decides by presidential decree. The presidential decree must subsequently be submitted to the government council for approval.

1. Each member of the governing council shall head a department of the state administration.

**1. The Executive Council exercises its constitutional powers (Art. 76 State Constitution) specifically by:**

a. directing, planning, and coordinating state activities;

b. ensuring that state duties are fulfilled in a targeted, lawful, effective, and service-oriented manner;

c. continuously reviewing the necessity and economic efficiency of task fulfillment;

d. determining the organization of the state administration, insofar as it is not defined by legislation;

e. conducting the elections and appointments assigned to it and allocating personnel to the departments within the positions approved by the Cantonal Council;

f. designating the state's representation in intergovernmental and non-governmental institutions.

**2. The Executive Council directly appoints the secretaries of departments and the heads of offices, and determines the departments' powers of election and appointment.**

**3. The Executive Council can issue performance mandates for specific organizational units and decide the necessary level of autonomy for them. It can transfer the execution of public duties to third parties or establish a private legal entity for this purpose, provided that economically viable and effective task fulfillment is ensured, and public interests are maintained.**

**4. The Executive Council ensures suitable administrative control to continuously review the necessity, economic efficiency, and effectiveness of state task fulfillment, as well as the working methods of the responsible offices.**

1. The Executive Council represents the canton vis-à-vis the Confederation, subject to the constitutional powers of the Cantonal Council (Art. 70 No. 12 CC).

2. The Executive Council cooperates with other cantons. In particular, it may conclude agreements with them within the framework of its legislative and administrative powers.

3. The departments and offices communicate directly with federal offices and the offices of other cantons within the scope of their competence.

1. The Executive Council is responsible for entering into program agreements pursuant to Article 20a of the Subsidies Act, within the scope of commitment and budget appropriations.

2. It may delegate the authority to enter into program agreements to the competent department.

1. The State Chancellery is the general staff office of the Government Council and is administratively subordinate to it.

1. Departments shall be divided into offices, divisions, and agencies. In this law, offices, divisions, and agencies are collectively referred to as administrative units.

2. Departments may be assigned general staff and service units for the entire state administration.

3. The department secretariat is a staff unit of the department.

1. The Competent Department

a. makes the appointments to which it is entitled;

b. issues orders and decisions in administrative proceedings, insofar as no other authority is responsible;

c. represents the government council in administrative proceedings and in administrative judicial procedures.

1. The Head of the Department acts on behalf of the Department.

2. The Government Council designates a substitute department if the competent department is biased or serves as a lower instance.

3. If the Head of the Department is recused or unable to perform their duties, the Head of the substitute department shall take their place.

1. The Cantonal Council regulates the rules of procedure of the Government Council and the organization of the state administration by ordinance. It may authorize the Government Council to determine the detailed organization of the departments and to delegate the detailed organization of the offices to the competent department.

1. For election to a cantonal administrative authority, the residence required for voting rights (Art. 46 para. 1 KV) must be established no later than the commencement of office. Exceptionally, experts who do not meet the voting right requirements in the canton may also be appointed to cantonal commissions.

1. Any person who is in public service

a. fulfills their duties in a proper, goal-oriented, economical, and expedient manner;

b. acquires the necessary knowledge and skills required for the fulfillment of their duties;

c. refrains, even outside of service, from anything that could impair the fulfillment of their duties or harm the trustworthiness of the state administration.

1. Anyone who is in public service is subject to official secrecy.

2. Matters that are secret by their nature or according to special regulations must be kept confidential. The provisions of the law on the principle of public access remain reserved.

3. Official secrecy continues after the termination of the service relationship.

4. The head of the department may authorize or order the disclosure of matters subject to official secrecy.

1. Anyone in public service is prohibited from claiming or accepting gifts or other advantages for official duties.

1. A full-time service or employment relationship, where the passive voting right is restricted according to Art. 50 of the Cantonal Constitution, is considered to be a service or employment relationship of at least 60 percent or more of the normal working time.

2. A person who is in a service or employment relationship with the canton requires permission from the Government Council before being elected to a cantonal or municipal authority, where the election is not already excluded by the constitution.

3. The permission may be refused if the fulfillment of cantonal service duties is impaired in terms of time or content, particularly in the case of

a. Employees who are involved in supervisory functions of the canton with respect to municipal authorities, or

b. Employees who are engaged in the same or a similar subject area with the canton.

1. The canton ensures modern working conditions as an employer.

2. It promotes the professional development and further education of the members of the state administration.

3. It protects the members of the state administration against unjustified attacks.

1. The canton maintains a social partnership as an employer.

2. The government council informs and consults with the representatives of the staff before issuing or amending regulations that affect the legal status of the staff.

3. The government council appoints a personnel commission. The cantonal council regulates the composition and duties by ordinance.

1. Decisions regarding the creation or abolition of personnel positions are made with the budget, with a specific proposal, or through supplementary credit.

2. The government council is authorized to approve temporary assistant positions to reduce a workload surplus or for the completion of special tasks.

3. The government council determines the catalog of features relevant for position evaluation. It decides on the assessment and classification of a position.

1. An arrangement deviating from the general provisions concerning civil service may be made by contract if special circumstances justify it or to introduce new forms of administrative management. Otherwise, the employment relationship is subject to the provisions concerning civil service.

1. The members of the government council perform their duties as a full-time position.

1. The members of the Government Council may not engage in any other profession or trade.

2. They may only be members of the administrative bodies of economic or charitable enterprises and organizations if it is necessary in the interest of the canton. The Government Council shall report on these activities in the annual report.

1. The employment relationship of state personnel is established by a public-law contract within the framework of legal regulations.

2. In the case of election by the people or the Cantonal Council, the Governing Council shall provisionally conclude a public-law service contract with the candidates, subject to the corresponding electoral reservation.

3. In special cases, a civil law employment contract may be concluded, particularly for temporary staff, teaching or internship positions, or for fixed-term employment relationships. Insofar as this contract does not contain any differing provisions, the regulations of the Code of Obligations shall apply.

1. The first three months are considered the probationary period.

2. The probationary period may be contractually set or extended to a maximum of six months.

3. The contracting parties may, by mutual agreement, waive the probationary period or agree to a shorter probationary period.

1. The employment relationship terminates by

a. Termination in the case of an indefinite employment relationship;

b. Expiry of the term or termination in the case of a fixed-term employment relationship;

c. Immediate termination for important reasons;

d. Mutual agreement;

e. Reaching the retirement age;

f. Early retirement;

g. Permanent full incapacity to work;

h. Death.

1. During the probationary period, the employment relationship may be terminated by either the canton or the employee, with the following notice periods

a. seven days during the first three months;

b. 20 days from the fourth month onwards.

2. After the probationary period, the employment relationship may be terminated at any time to the end of the month, with the following notice periods

a. three months during the first six years of service;

b. four months from the seventh year of service onwards.

3. The party giving notice of termination must provide written reasons for the termination if the other party requests it.

4. The provisions of the Swiss Code of Obligations regarding protection against wrongful termination and termination at an inopportune time shall apply accordingly.

1. For important reasons that make the continuation of the employment relationship intolerable according to good faith, the employment relationship may be terminated without notice by either party.

2. By mutual agreement, the employment relationship may be terminated in writing at any time. Any compensation to the employees must not exceed the compensation for unjustified termination of the employment relationship.

1. The employment relationship ends at the end of the month in which the regular retirement age is reached.

2. In justified cases and if it is in the interest of the canton, employment relationships may also be continued or entered into for the period after reaching the regular retirement age, but no longer than until the completion of the 72nd year of age. Continued payment of salary in the event of inability to work due to incapacity is limited to a maximum of 180 days in these cases.

3. In the event of permanent full incapacity to work, the employment relationship ends with the entitlement to a full disability pension.

1. Employees may choose to retire early two years before reaching the statutory retirement age, provided they have been employed by the canton for the last ten years at that time.

2. For the duration of early retirement, they are entitled to a bridging pension amounting to 90 percent of the maximum basic AHV retirement pension. In cases of part-time employment, the bridging pension is reduced proportionately.

3. During the period of early retirement, the bridging pension is reduced if the total income from claims against social insurances and liable third parties, or from substitute employment, together with the bridging pension, exceeds 90 percent of the previous income.

1. If justifiable reasons exist, employees may exceptionally be retired starting from the age of 60, subject to compliance with the notice period.

2. The resulting reduction in pension benefits may be wholly or partially compensated in addition to the bridging pension by a contribution from the canton to the employee insurance fund.

3. During the period of early retirement, the pension benefits under this provision shall be reduced, provided that the total income from entitlements to social insurances and liable third parties or from substitute earnings, together with the pension benefits, exceeds 90 percent of the former income.

1. If the termination of an employment relationship proves to be unjustified in a judicial challenge procedure, this establishes a claim for compensation, unless a new employment relationship is entered into. There is no claim to continue the previous employment relationship or to enter into a new one.

2. The amount of compensation is determined by the specific circumstances; it amounts to a maximum of six months' salary.

3. In cases of unjustified retirement, bridging pensions or contributions under Article 52 paragraph 2 of this law shall be omitted to the extent of the compensation pursuant to paragraph 2.

4. In the case of unjustified immediate dismissal, there is also a claim for compensation for what employees would have earned if the employment relationship had been terminated with the observance of the notice period or by the expiry of the specified contract period. Employees must account for what they have saved as a result of the termination of the employment relationship and what they have earned or intentionally failed to earn through alternative employment.

1. If the employment relationship or the nature of the service requires it, the appointing authority may demand residency in a specific location or area, or assign a service residence.

2. ...

1. The appointing authority may assign employees additional or new tasks if the service needs so require and if the acceptance of such tasks appears reasonable.

1. The Cantonal Council regulates the rights and obligations of employees in detail, particularly part-time work, secondary employment, salary and social benefits, vacations and leave, and professional development by means of regulations.

1. Membership in a part-time authority or in a commission generally does not establish an employment relationship.

2. The government council may establish an employment relationship or a contractual relationship with individual commission members for the fulfillment of special tasks beyond the scope of general commission activities.

3. The employment relationship is subject to the regulations concerning state service, unless otherwise specified in individual cases.

1. The Cantonal Council regulates the compensation of part-time authorities and commissions as well as the terms of service for commission members in detail by means of an ordinance.

1. The canton insures members of the authorities who are in an employment relationship, as well as employees, against

a. the economic consequences of old age, disability, and death;

b. occupational and non-occupational accidents;

c. * ...

2. The canton may establish an independent or dependent public institution for occupational benefits or join a private insurance institution.

3. The Cantonal Council regulates by ordinance

a. the specifics of occupational benefits, particularly the employer and employee contributions of members of the authorities in an employment relationship as well as employees,

b. the contributions of members of the authorities in an employment relationship and employees to non-occupational accident insurance,

c. salary continuation, daily sickness benefit insurance, and the participation of members of the authorities in an employment relationship and employees in the daily sickness benefit insurance.

1. Full-time and part-time members of authorities elected by the people or the cantonal council, as well as part-time members for whom the remuneration received in office constitutes a significant part of their income, are entitled to a severance payment, provided that before entering retirement and before the expiration of the term limit, they make themselves available for re-election but are not re-elected through no fault of their own.

2. The severance payment amounts to a maximum of six months' salary, depending on the number of years in office. The severance payment is forfeited to the extent of claims from occupational pension plans.

1. If employees are dismissed without personal fault, they are entitled to severance compensation, provided they have reached the age of 50 and have completed 20 years of service. Severance compensation may also be granted regardless of age and years of service if a position has to be abolished and this represents a particular hardship for the employees.

2. The severance compensation is determined by the government council and amounts to a maximum of six months' salary, depending on the number of years of service. The cantonal council regulates the gradation through an ordinance.

3. The entitlement to severance compensation ceases

a. * to the extent that there is an entitlement to compensation due to unjustified termination of employment or from occupational pension plans;

b. * if the employment relationship is terminated by mutual agreement;

c. * due to incapacity to work;

d. * in the event of death;

e. * upon termination of a fixed-term employment relationship.

1. Persons who have to make or prepare a decision shall recuse themselves if there is a reason for recusal according to the corresponding application of the Civil Procedure Code.

2. ...

1. The authority or office shall establish the facts ex officio. The parties involved are obligated to cooperate.

2. The establishment of the facts can particularly be conducted through questioning the parties involved and informants, hearing witnesses, consulting official reports, documents, and experts, as well as conducting an inspection.

1. For the calculation of time limits, their extension, the suspension of time limits, and the reinstatement, unless otherwise stipulated by legislation, the provisions of the Ordinance on Administrative Court Procedure shall apply mutatis mutandis.

1. The government council may establish in implementing provisions the conditions under which correspondence in administrative and administrative appeal proceedings may occur electronically. Insofar as it concerns the municipalities, they should be heard beforehand.

2. It may issue provisions regarding the service of decisions and the deadlines in electronic legal transactions, as well as the electronic management and archiving of files.

1. If an order is directed toward the performance of an act, tolerance, or omission, enforcement may be carried out at the expense of the obligated party either through substitute performance or by official compulsion, if necessary with the assistance of the police.

1. Unless otherwise specified by legislation, appeals against orders of the departmental offices to the department, or against orders and decisions of the department or commissions to the government council, may be lodged within 20 days.

2. Denial of justice, delay of justice, and preliminary and interlocutory decisions are independently appealable pursuant to the provisions of the Court Organization Act. Otherwise, they are only appealable with the final decision.

3. Entitled to appeal are

a. any person affected by the contested order who has a legitimate interest in its annulment or modification;

b. any other person, organization, or authority authorized by legislation to do so.

1. The complaint has a suspensive effect, unless it is removed by a specific provision or by the issuing authority for important reasons.

2. The appellate body may issue a contrary order.

3. After a complaint has been filed, the appellate body may, ex officio or upon request of a party, take other provisional measures to temporarily maintain a factual or legal situation unchanged.

4. In urgent cases, the president or the member of the appellate body entrusted with the instruction of the complaint is authorized to remove or grant the suspensive effect, or to take another provisional measure.

1. The appellate authority has full power of review, but in cases of appeals against resolutions of municipal assemblies and municipal councils, only to the extent provided by law.

2. The appellate authority may exceed the claims of the appellant in favor of the appellant; however, the contested decision may not be altered to the detriment of the appellant due to inappropriateness, but only due to a legal violation.

1. The Cantonal Council regulates the administrative procedure and the administrative appeal procedure further by ordinance.

1. The Cantonal Assembly Resolution on Contributions to the Occupational Pension Plans for Employees of the Canton dated April 29, 1984, shall remain in effect until the contributions to the occupational pension plans are re-regulated by ordinance.

2. The Cantonal Council shall issue a transitional regulation by ordinance concerning the pension insurance for the incumbent members of the Government Council according to Article 59 of this law.

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1. Upon the entry into force of this Act, the following are repealed

a. the Act on the Allocation of Duties of the Departments and Determination of Compensation for Part-time Authorities of June 6, 1971;

b. the Salary Act of April 25, 1920;

c. the Act on the Amendment of the Salary Act of May 24, 1959;

d. the Cantonal Council Resolution on the Interpretation of Article 50 of the Cantonal Constitution (passive voting rights of full-time cantonal officials and employees) of December 16, 1993.

1. The Executive Council shall determine when this law comes into force.