Act on the Cantonal Council - Assumption of Office

1. After an uncontested or officially validated election, the members of the Cantonal Council assume their office by taking the oath.

2. Anyone who refuses to take the oath thereby loses their mandate as a member of the Cantonal Council.

1. Members are obligated to participate in the sessions of the Cantonal Council and in the tasks of the council bodies to which they belong.

1. Council members must recuse themselves from deliberation and voting if they are directly affected by the matter

a) in their own affairs

b) in matters concerning a person closely related to them through kinship, marriage, or in a similar manner within the meaning of Art. 2 para. 1 lit. b of the Act on Legal Protection in Administrative Matters[1]

c) in matters of a corporate body, association of persons, or institution, except municipalities, in which they are engaged in a leadership or senior service position or for which they perform an advisory function

2. In matters concerning the oversight of their area of responsibility, council members employed by the canton participate in deliberation but recuse themselves from voting.

3. There is no obligation to recuse oneself in the treatment of generally binding enactments.

4. ...

1. Each council member shall declare their interests in writing before the beginning of each term of office, subject to professional secrecy. This information shall be made available for public inspection at the council secretariat.

1. Council Members Have Freedom of Speech. The Rules of Procedure May Reasonably Limit Speaking Time.

2. Council members, members of the Executive Council and the Supreme Court, as well as the State Secretary, are accountable only to the Cantonal Council for their statements in the Cantonal Council and its committees. They may only be criminally prosecuted or civilly held liable for such statements if the Cantonal Council grants approval by a two-thirds majority of the members present.

1. The council members represent the interests of the population and the canton of Schaffhausen; they vote and elect according to their own free decision without being bound by instructions.

1. Council members are entitled to the necessary general documentation related to council matters.

2. They shall receive factual information and access to non-confidential administrative records from the government council, the administration, judicial authorities, and other public duty carriers, if they require this for the exercise of their mandate.

1. The duty of confidentiality under the terms of this law applies to facts and expressions of opinion that must be kept secret or treated confidentially to protect overriding public or private interests, to safeguard personal rights, or due to considerations for pending legal proceedings.

2. Council members and other individuals who, in the course of the Council's activities and those of its bodies, or in services rendered to it, become aware of such facts, are bound by the duty of confidentiality.

3. The Council Office may, after consulting the Government Council, release them from the duty of confidentiality if overriding public or private interests so require.

1. Disagreements regarding the application of the provisions of this section shall be finally decided by the panel (cantonal council or council body) in which they have arisen, after the necessary hearings.

1. The public may attend council meetings in the gallery.

2. Anyone who expresses approval or disapproval or otherwise disrupts the proceedings of the council may be expelled by the President of the Cantonal Council, if necessary, with the assistance of the police. If required, the gallery may be cleared.

1. A confidential session only takes place when it is essential to protect important state interests or personal privacy.

2. Motions for a confidential session are deliberated in a non-public setting and decided by a two-thirds majority of the council members present.

3. In the meeting room and its vicinity, only the members of the Cantonal Council and the Governing Council, as well as the necessary support staff, remain. The minutes record the motions, the main reasons, and the resolutions, and they remain sealed.

1. Permanent representatives of the media registered with the office are provided with special seats in the council chamber, insofar as possible. General consultation documents are distributed to them as to the council members.

2. Permanent representatives of the media are permitted to make video and audio recordings in the council chamber. Otherwise, video and audio recordings in the council chamber require the approval of the President of the Cantonal Council.

3. ...

1. General business documents can be obtained by third parties for a fee.

2. Minutes of council meetings will be published.

3. ...

1. All proposals of the Cantonal Council intended for a referendum must be communicated to the eligible voters in an appropriate manner with a message highlighting the main points.

2. The message should adequately present the supporting and opposing arguments.

3. The responsible body is the Council Office.

1. The council office and the committees do not negotiate in public.

1bis. Access to the minutes of the meetings of the council office and the committees is governed by Articles 8a and 8b of the Law on the Organization of Government and Administrative Activities. Access to committee minutes is only granted after the completion of a matter.

1ter. Job interviews conducted by the committees are recorded in a separate interview protocol, which is attached to the committee minutes. The interview protocols are protected from third-party inspection to safeguard the personal rights of the individuals concerned. Interview protocols of non-selected individuals must be destroyed six months after the completion of the matter.

2. The committees decide whether, to what extent, and by whom the media will be officially informed about the deliberations.

1. Every person has the right to address the Cantonal Council with submissions containing specific requests or complaints (petitions).

2. Submissions for which other authorities in the Canton of Schaffhausen are responsible will be forwarded to those authorities; those with improper content will be returned.

1. President of the Cantonal Council and the Government Council shall jointly ensure the coordination of governmental activities.

1. If a decree or resolution of the Cantonal Council is contested, the Council Office shall assume representation in the proceedings and shall inform the Cantonal Council as well as the Government Council about the progress.

1. The Cantonal Council elects a secretary of the council. The council secretariat is under the supervision of the president of the Cantonal Council and operates according to a job description created by the council office.

2. The office may assign the necessary temporary staff to the council secretariat for substitution.

3. The council secretariat is affiliated with the State Chancellery. Tasks related to the chancellery, usher services, archiving, and other administrative duties for the Cantonal Council are performed by the State Chancellery and the administration in consultation with the council office and the executive council.

1. The President of the Higher Court is invited for the handling of the annual report of the Higher Court and other supervisory matters concerning the courts. The rights of participation and involvement are equivalent to those of the members of the Government Council.

2. The provisions of this law regarding the duty of confidentiality, information procurement, and hearings apply mutatis mutandis to the members and employees of the courts. Release from the duty of confidentiality is granted by the Higher Court.

1. Drafts and proposals for laws, decrees, or resolutions of the Cantonal Council are generally submitted by the Government Council along with an explanatory report.

2. The explanatory report on legislative decrees specifically outlines the occasion and purpose, significance and legality of the proposals, and their anticipated personnel, financial, and other impacts.

3. If the drafting of a proposal has been entrusted to a committee by the Cantonal Council, the Government Council is given the opportunity to provide a written response and, if necessary, to propose a counterproposal or amendments.

1. The Executive Council submits a government program and a financial plan to the Cantonal Council at the beginning of each term of office. This also includes an account of the previous term.

2. The Executive Council may present additional reports.

3. The Cantonal Council takes note of these reports. It may issue statements concerning them as part of a general appraisal or regarding individual sections.

1. On the Significance of Requests for the Preparation of a Report or Drafting of a Proposal, the Cantonal Council Decides After Consulting the Government Council. The details are regulated in the rules of procedure.

1. Elections in the Cantonal Council are conducted based on proposals from the Council Bureau, parliamentary groups, or Council members; additional proposal rights pursuant to law or procedural rules are reserved. The submission of additional applications is managed through the Council Bureau.

2. Petitions, complaints, and requests for pardon are preliminarily reviewed directly by the competent committee.

1. Members of the Government Council have an advisory vote and the right to make motions in the Cantonal Council.

2. A member of the Government Council shall be granted the floor upon request; their speaking time is not limited.

1. During deliberations, the entry is first negotiated; in the case of a referral back, the Cantonal Council determines how the proposal should be supplemented or amended.

2. Referral back to the commission or to the government council can also be decided during further deliberation.

3. The Cantonal Council can refer motions from council members to the government council or the commission for review.

1. The enactments and resolutions approved by the Cantonal Council shall be signed by the President and the Secretary of the Council.

2. They shall be submitted to the Government Council for execution and, if applicable, for publication and inclusion in the statutory collection.

1. Legislative enactments of the Cantonal Council, as well as international and inter-cantonal treaties, are published in the Official Gazette for the Canton of Schaffhausen and are periodically incorporated into the legal compendium of the Canton of Schaffhausen.

2. The version published in the Official Gazette is authoritative.

3. If the version published in the Official Gazette shows discrepancies from the text in the referendum proposal for enactments that were subject to public vote, the Council office shall order the necessary corrections. These are to be published in the Official Gazette.

4. Enactments and treaties or parts thereof (such as annexes or plans) that are not suitable for publication in the Official Gazette due to their special nature, are included only with the title and reference or source, particularly if

a) they concern only a small group of people

b) they are of a technical nature and are directed solely at specialists

c) they must be printed in a larger format for printing reasons

d) a law provides for it

1. The commissions prepare the matters assigned to them for the Cantonal Council. They conduct the necessary inquiries, review the proposals, and submit a report and proposal to the Cantonal Council.

1. Members of the governing council participate in meetings according to their jurisdiction. The provisions for supervisory and investigatory commissions are reserved.

2. Members of the governing council have advisory vote and the right to propose motions in the commissions. During the questioning of informants, they may ask additional questions and provide supplementary explanations.

3. The governing council may be accompanied by case handlers. Exceptionally, it may, in agreement with the chairpersons of the commissions, be excused.

1. The commissions may, within the scope of their duties

a) * gather information, review official records, conduct inspections, hear representatives of interested parties, and request additional reports in connection with the handling of business reports.

b) question members of the government council and, with their consent, individuals employed by the canton (Art. 32)

c) * consult independent experts or obtain expert opinions.

1. Persons employed in the service of the canton are required to provide the commissions with information about observations in their area of service and to identify the documents known to them.

2. No disadvantages may arise from their truthful statements.

3. Members of the government council and persons employed in the service of the canton can only be released from their obligation for statements and the release of documents that are subject to official secrecy by the government council.

1. The commissions may instruct the competent member of the government council to clarify additional questions and to develop new proposals in a specific direction.

2. If the commissions decide on their own proposals that significantly deviate from the government council's submission, the government council shall be given the opportunity to comment and make counterproposals.

1. Supervision shall ensure trust in the state and authorities by evaluating performance and identifying deficiencies.

2. Supervision extends to the government, administration, and judiciary. It is directed by special laws regarding independent institutions.

3. It is primarily exercised by the Cantonal Council through the examination and approval of the cantonal accounts and the annual reports of the Government Council and the High Court, as well as based on reports from the permanent supervisory commissions, whose establishment is governed by the rules of procedure.

3bis. Similarly, the business reports of private law companies, in which the canton holds a majority stake, are submitted to the Cantonal Council for information. It may issue statements in accordance with Article 22 paragraph 3.

3ter. The Cantonal Council may arrange for an independent review of the effectiveness of cantonal measures.

4. Supervision does not authorize the Cantonal Council and its organs to annul regulations, resolutions, or directives of the Government Council and the administration or to review judicial decisions.

1. Supervisory commissions, depending on their jurisdiction, invite the members of the executive council to their meetings for the examination of official reports and accounts and for providing information.

2. The executive council generally releases its members and the individuals employed by the canton from the duty of confidentiality. If it deems the reasons for confidentiality to be predominant, it informs the commission about the facts through a written report. Confidentiality agreements concluded by the executive council cannot be used to oppose the right of the supervisory commissions to obtain information.

3. After receiving the written report according to paragraph 2, the commission may request a decision from the executive council. This decision can be challenged with an administrative court appeal to the supreme court in accordance with Article 35 et seq. of the Administrative Justice Act.

1. An oversight commission may, after notifying the responsible member of the government council, conduct inspections and controls in its area of responsibility, as well as interrogations of persons employed by the canton, either personally or through a committee. Article 35 paragraph 2 remains reserved.

2. The responsible member of the government council may participate in the interrogation and ask additional questions.

1. The supervisory commissions or their committees may discuss their findings and proposals with the heads of the departments. They inform the responsible member of the government council of these findings and proposals beforehand.

2. The commissions report to the cantonal council on the main results of their work and submit applications to it.

3. The government council may present its position both in the commission and before the cantonal council.

1. In the event of extraordinary incidents, the Cantonal Council may, after consulting the Government Council, appoint a commission of inquiry consisting of council members.

2. This commission investigates the facts and gathers documents for the Cantonal Council's political assessment of the case. The appointment of the commission does not prevent the conduct of legal proceedings.

3. The resolution to appoint is made by a majority of the present council members through a roll-call vote. It determines the subject of the investigation, the number of commission members, the chairmanship, and the special powers of the commission (Art. 39 para. 2). The matter is to be scheduled separately.

1. An investigative commission has all the powers of a supervisory commission; the duty of confidentiality cannot be used against it.

2. The cantonal council may assign additional special powers to the commission, in particular

a) to question informants and to hear witnesses

b) to request documents from individuals outside the administration

c) to grant experts involved certain powers vested in the commission

1. The investigatory commission may invite the Executive Council to its discussions and investigations, granting them the right to pose additional questions and request further clarifications.

2. The obligation to testify and the right to refuse to testify are governed, except for obligations of confidentiality, mutatis mutandis by the Swiss Code of Criminal Procedure. It must be determined in advance whether someone is to be questioned as a witness or as an informant. Persons who are the subject of the investigation may only be questioned as informants.

3. Persons who are the subject of the investigation may, insofar as they are affected, inspect the relevant files and pose supplementary questions to informants and witnesses. If this must be refused due to overriding public or private interests, the relevant evidence may only be used if the affected persons have been informed of the content, have had the opportunity to comment on it, and could request counter-evidence. The Executive Council has the same rights.

4. All parties involved in the investigation are bound by a duty of confidentiality.

1. The investigating commission submits a written report to the Cantonal Council, which does not disclose official secrets.

2. It shall first provide the affected departments and individuals with an opportunity to make counter-remarks, which are to be appropriately summarized and included in the report.

3. The Executive Council may present its own report to the Cantonal Council to comment on the matter.

1. The Cantonal Council has a credit available to cover the costs arising from the implementation of the law; its amount is determined in the state budget.

2. A commission that decides on external assignments with cost implications must inform the Council office. The expenditure authority of the commissions is stipulated in the rules of procedure.

1. To the extent that cantonal authorities and employees are required by federal law to maintain confidentiality with regard to federal tasks, they can only be released from this obligation with the consent of the competent federal authority.

1. The Cantonal Council issues the implementing provisions in its rules of procedure.

1. This law shall enter into force on January 1, 1997, following adoption by the people.

2. It is to be published in the official gazette and included in the cantonal legislative collection.