Ordinance on the Organization of the Government Council and the Cantonal Administration (Organization Ordinance, OV) (Organisationsverordnung, OV) - Position (RO)

1. The Government Council, subject to the powers of the Cantonal Council, is the highest governing and executive authority of the canton.

1. The Government Council exercises its governmental activities by

a. observing and assessing developments significant to the canton;

b. determining the essential objectives and means of state action;

c. coordinating state activities at the government level;

d. representing the canton internally and externally.

2. Governmental activities take precedence over other duties of the Government Council.

1. The Government Council determines the appropriate organization of the cantonal administration within the framework of the legislation and adapts it to the circumstances.

2. It may reassign tasks to departments and offices, in deviation from previous legal regulations, and rename organizational units.

3. It promotes the performance and innovative capacity of the cantonal administration.

4. It exercises continuous and systematic supervision over the cantonal administration.

5. It supervises, in accordance with specific provisions, the decentralized administrative units and the holders of cantonal administrative tasks that do not belong to the cantonal administration.

1. The Executive Council performs those administrative actions itself that, due to their significance or legislative provisions, cannot be delegated to subordinate instances. It can at any time call specific matters for its own decision.

1. The Government Council decides on complaints in accordance with the legislation.

1. The Government Council participates in the legislative process by

a. directing the procedure for the drafting of enactments;

b. submitting proposals for laws and ordinances to the Cantonal Council;

c. issuing implementing provisions and temporary emergency decrees within the scope of its regulatory powers;

d. drafting consultations on federal enactments.

1. The Government Council ensures the information of the Cantonal Council, the municipalities, and the public.

2. It provides unified, timely, and continuous information regarding its assessments of the situation, plans, decisions, and measures.

3. It maintains relationships with the public.

1. At the beginning of each administrative year, the government council assigns each member the management of a department and designates their deputy.

1. The government council may designate committees from among its members for the planning, coordination, and preparation of matters.

2. It may call upon experts and appoint commissions for the handling of special matters, into which non-members can also be elected.

1. Unless superseding law opposes, the Executive Council may delegate its authority to decide on specific matters to a department for independent handling.

2. The right of appeal to the Executive Council remains guaranteed.

1. If the Chairman is prevented from performing his duties, the Deputy Chairman shall assume all presidential responsibilities. If the Deputy Chairman is also prevented, the longest-serving member of the Government Council shall take his place.

2. The Government Council may delegate specific presidential powers to the Deputy Chairman.

1. Submissions to the Government Council are forwarded by the State Chancellery to the Landammann's Office or a department for proposal preparation or direct resolution.

2. The State Chancellery manages the administration of business for the Government and Cantonal Council affairs, while the department secretariats manage it for departmental affairs.

1. Applications to the Executive Council shall be submitted as draft resolutions, in the form in which they are to be adopted by the Executive Council.

2. The State Chancellery shall provide them to all members of the Executive Council in a timely manner.

1. The government council typically convenes once a week for a regular session. It periodically sets the dates for regular sessions and breaks in advance. If urgent, extensive, or numerous matters require it, the council may assemble for extraordinary sessions.

2. The Landammann presides over the deliberations of the government council.

3. The government council is quorate when at least three members are present and eligible to vote.

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

1. The members of the government council are obliged to vote. Voting is done openly.

2. A resolution is passed if the majority of those present have agreed. In the event of a tie, the vote of the Landammann counts twice.

3. In urgent cases, resolutions can be adopted through a circular procedure. The resolution is passed if at least three members have agreed to the proposal.

1. The Executive Council makes its decisions as a collective body. The members of the Executive Council represent the decisions of the collective body.

2. Any member may record their dissent against a resolution in the minutes. Beyond this, no minority opinion may be recorded in the minutes.

3. The members maintain confidentiality regarding the deliberations and decision-making within the Executive Council.

1. Members of the Government Council and the State Secretary must recuse themselves from deliberations and decision-making if a ground for recusal exists under the analogous application of the Code of Civil Procedure.

2. ...

3. There is no obligation to recuse during deliberations and decision-making regarding legal enactments or matters of the Cantonal Council.

4. The member obligated to recuse must leave the meeting room.

1. The conflict of interest regulations do not apply, subject to paragraph 2, to representations of the government council in a public, mixed-economy, or private enterprise where the delegation has been made to uphold the public interests of the canton.

2. However, recusal is required in any case if

a. an enterprise acts as an applicant in a concession procedure before the government council;

b. this enterprise appears as a private law entity before the government council (e.g., in construction applications);

c. a complaint is filed against the enterprise with the government council.

1. Each person subject to the duty to recuse themselves must independently consider any known grounds for recusal or, in case of doubt, bring them to the attention of the government council before dealing with the relevant matter.

2. In case of doubt, the government council decides on the recusal, excluding the member whose recusal is in question.

1. The Cantonal Secretary participates in the deliberations of the Council of State with an advisory vote. He has the right to submit motions.

2. The Council of State may involve members of other authorities, employees, and experts outside the administration in its deliberations. In the presence of these individuals, it does not make any decisions.

3. The Council of State is served by the Cantonal Usher.

1. The county clerk shall keep the minutes and ensure the issuance of the resolutions.

2. The minutes shall include the adopted resolutions along with their considerations. A memorandum regarding discussions of fundamental importance that do not lead to any formal resolutions shall be noted in the minutes.

3. The voting ratio in votes and elections shall not be disclosed.

1. Decisions are generally communicated by excerpt from the minutes or, in exceptional cases, by special notification.

1. Decisions of the government council of a generally binding nature, proposals for the cantonal council, and letters to federal and extra-cantonal authorities shall be signed jointly by the Landammann and the Landscribe.

2. For contract agreements, the government council may grant special powers of attorney.

3. Other extracts from protocols and letters shall be signed by the Landscribe.

1. The State Chancellery is headed by the Chancellor and is under the supervision of the Landammann.

2. The Government Council appoints the Deputy Chancellor.

1. The State Chancellery

a. assists the Landammann and the Executive Council in leadership, planning, and coordination at the governmental level;

b. participates in the preparation and execution of the negotiations of the Executive Council;

c. prepares the government program and the official report in close cooperation with the departments;

d. assumes supervisory functions at the direction of the Landammann or the Executive Council;

e. supports the Executive Council in its communications with the Cantonal Council.

2. The State Chancellery ensures cross-departmental coordination.

3. The State Chancellery, within the framework of the Executive Council's guidelines, takes appropriate measures for public information and ensures internal communication between the Executive Council and the departments.

1. The State Chancellery is affiliated with the legal service, whose head acts as the permanent legal advisor to the Government Council.

2. The legal service

a. participates in the legislative process through the revision and review of enactments;

b. evaluates legal issues pertaining to the Government Council and the Cantonal Council;

c. assists departments with the handling of appeals and advises them on legal issues which they cannot independently resolve or respond to;

d. represents the canton in legal disputes;

e. manages the publication of the compilation of laws as well as the collection of administrative decisions of fundamental significance.

1. The following departments exist

a. the Department of Finance;

b. the Department of Security and Social Affairs;

c. the Department of Economic Affairs;

d. the Department of Education and Culture;

e. the Department of Construction and Spatial Development.

1. The government council allocates the individual tasks or areas of responsibility of the entire administration to the departments and offices.

2. For the allocation of tasks, it is crucial that the contextual relationship is preserved, the workflows are facilitated, and management and supervision are ensured.

3. Additionally, when allocating offices to the departments, factual and political balance must be taken into account.

1. Offices are the main administrative units. They manage administrative tasks within a larger, cohesive area of responsibility. They possess the necessary personnel and material resources for important operations and flexible actions.

2. The head of the department is responsible for the organization of offices into divisions and service units.

1. The Head of Department shall lead the department and bear the political responsibility for it.

2. The Head of Department shall

a. manage the department, define the objectives, and set the priorities;

b. delegate the direct fulfillment of departmental duties to subordinate offices and employees as necessary;

c. establish the detailed organization of the department within the framework of the legislation;

d. promptly inform the Council of State about important events within the department and prepare decisions for which the Council of State is responsible;

d1. * may take precautionary measures and make procedural decisions (such as discontinuation, non-admission) in cases of undisputed facts and clear legal situations in lieu of the Council of State;

e. make departmental decisions;

f. evaluate the performance and monitor the achievement of goals of the subordinate offices and assigned institutions.

3. The Head of Department shall generally have unrestricted authority to issue directives, exercise control, and assume authority within the department.

4. The Head of Department may authorize the Department Secretary or the heads of offices to sign certain matters on his or her behalf and under his or her direction.

1. The Department Secretariat supports the Head of Department according to their specific instructions, particularly in

a. the planning and organization of the department's activities;

b. the preparation of matters for the Government Council, the Cantonal Council, and inter-cantonal conferences;

c. the coordination within the department, between departments, and with the State Chancellery;

d. communication and public relations;

e. administrative control (controlling).

2. The task of the Department Secretary may be combined with line functions.

3. The Department Secretary leads the Department Secretariat and reports directly to the Head of Department. Within the scope of coordination tasks, he or she has the authority to issue directives to the heads of offices.

1. The department heads are responsible to their superiors for managing the departments and offices under their supervision, as well as for fulfilling the tasks assigned to them.

2. Unless otherwise specified by legislation, the department heads make decisions within the scope of their assigned tasks.

3. They determine the organization of their departments in detail and regulate the signing authority within their area.

**1. If a matter concerns multiple departments, the parties involved are responsible for ensuring mutual information and coordination on their own initiative.**

**2. The executive council determines the management of a matter that falls within the scope of multiple departments, and it decides on competence conflicts between departments.**

**3. If multiple departments are interested in a matter that is to be handled by the executive council, a co-reporting procedure is conducted. The lead department is responsible for the timely execution of the co-reporting procedure and the completeness of the records.**

1. The Conference of Departmental Secretaries performs general internal administrative coordination tasks under the leadership of the State Secretary, particularly through

a. Exchange of information and experiences between the State Chancellery and departmental secretariats;

b. General scheduling and business planning;

c. Preparing cross-sectional affairs for the attention of the Government Council, particularly in the areas of governance (preparation of government planning) and reporting (annual report);

d. Developing general guidelines and work tools, especially regarding administrative management, business transactions, information, and public relations;

e. Preparing cross-departmental projects on behalf of the Government Council.

2. The Government Council can establish further permanent staff and coordination bodies as institutionalized conferences.

3. The Government Council can form project organizations to handle significant, cross-departmental tasks that are time-limited.

**1. The Government Council shall issue the implementing provisions necessary for the execution of this ordinance, particularly concerning the procedures of the Government Council, the allocation of tasks to the departments and offices, the structure of the cantonal administration, as well as information and public relations.**

2. ...

1. The Rules of Procedure of the Government Council of June 30, 1972, are hereby repealed.

1. The Government Council shall determine when this ordinance enters into force.