Act on the Organisation of Government and Administration Activities (Organisation Act) (Organisationsgesetz) - Position of the Government Council

1. The governing council, consisting of five members, is the highest executive and administrative authority of the canton, subject to the powers of the cantonal council.

1. The Executive Council fulfills its duties by, in particular

a) exercising its governmental functions

b) directing and supervising the cantonal administration

c) carrying out the most important administrative actions itself

d) engaging in administrative jurisdiction

e) participating in the legislation process of the Federal Government and the Canton

f) informing the public about governmental activities

2. It acts within the framework of the Constitution and the law.

1. The Government Council exercises its governing activities by

a) setting priorities for its activities

b) assessing developments significant for the canton and the region and taking corresponding measures

c) coordinating governmental activities

d) representing the canton both internally and externally

2. At the beginning of each term, it prepares a government program and a financial plan. At the same time, an account of the past term is presented.

3. Governing activities take precedence over all other duties of the Government Council and its members.

1. The Executive Council ensures a lawful, efficient, and economical administration and determines its appropriate organization.

2. It ensures coordination at all levels of the administration as well as between it and other entities responsible for administrative tasks.

3. It regularly and systematically supervises the administration.

1. The government council carries out the principal administrative actions itself.

2. It delegates the remaining administrative actions to the departments, subordinate offices, or other bodies responsible for administrative tasks.

1. The Government Council may delegate its decision-making powers to other bodies if authorized to do so by law.

2. The departments' powers may be delegated by the Government Council to subordinate offices through regulation without specific legal authorization.

1. The government council may delegate control and monitoring measures to private entities. The delegation of decision-making powers and other enforcement tasks requires a legal basis.

2. The supervisory and appeal authority is the department responsible for the matter that falls within the competence of the private activity.

1. The Government Council is the appeals and complaint authority for

a) Decisions of the departments, insofar as they cannot be directly appealed to the Higher Court

b) Decisions of lower instances of the cantonal administration, insofar as the possibility of direct appeal is provided

c) Decisions of district or municipal bodies

2. Reserved are statutory provisions that designate a department, another collegiate authority, or a commission as the legal remedy authority.

1. The Executive Council participates in the legislative process while respecting the rights of the citizenry and the Cantonal Council, by particularly

a) directing the preliminary legislative procedures

b) issuing regulations within its scope of authority

c) preparing consultations that the Confederation requests from the canton

2. Insofar as there is an urgent need for regulation and the ordinary procedure cannot be conducted due to time constraints, the Executive Council shall regulate the provisions necessary for the introduction of superior law by means of an ordinance. Urgent introductory provisions must be replaced without delay, but at the latest within one year, by ordinary law.

1. The Government Council collaborates with other cantons and foreign countries and concludes international and inter-cantonal treaties with them, subject to the approval of the Cantonal Council and the rights of the people.

2. The following contracts fall solely within the competence of the Government Council

a) those that fall within the scope of its regulatory authority,

b) those of minor importance,

c) those for whose conclusion the law authorizes it.

1. The Executive Council shall inform the public about its activities and the work of the cantonal administration, unless overriding public or private interests oppose such disclosure.

2. Information shall be provided ex officio or upon request.

3. Information shall be provided in a timely and appropriate manner.

4. The meetings of the Executive Council and the commissions it appoints are not open to the public.

1. Every person has the right to access official records, unless there are overriding public or private interests to the contrary. Greater protection of personal data in accordance with specific legislation is reserved.

2. The relevant procedural provisions apply to ongoing administrative and judicial proceedings.

3. Requests for access to records must be submitted in writing.

4. A fee may be charged for special efforts.

1. Overriding public interests exist in particular when

a) the premature disclosure of internal working documents, applications, drafts, and the like would significantly impede decision-making

b) harm would be inflicted upon the public in another way, namely through the endangerment of public safety

c) the authority would incur disproportionate effort

d) positions in ongoing and future negotiations and civil proceedings would be compromised

2. Overriding private interests are considered to be in particular

a) the protection of the personal confidential domain

b) trade secrets or professional secrecy

3. These restrictions on the information of the public and the granting of access to official records apply only to the protectable part of a document or information and only for as long as the overriding interest in maintaining confidentiality exists.

1. The Government Council ensures the information of future generations by appropriately documenting its activities and archiving its records. It further regulates the specifics through ordinances.

1. The government council generally meets once a week.

2. In urgent cases or at the request of a member, extraordinary meetings are to be convened.

1. The State Secretary or his deputy shall participate in the deliberations of the Council of Ministers with an advisory vote and shall keep the minutes.

2. The Council of Ministers may call upon staff or other experts if it deems it necessary for its information.

1. The Governing Council is considered to have a quorum when at least three members are present and entitled to vote.

1. The Recusal is governed by the provisions of the Law on Legal Protection in Administrative Matters.

1. The government council decides by majority vote.

2. Each member is obligated to cast a vote.

3. In the event of a tie in voting, the chairman's vote is decisive.

4. In elections, if there is a tie, a second round of voting must be conducted. If this also does not lead to a decision, the matter is decided by lot.

1. In urgent cases, resolutions may be adopted by circulation upon the request of a member of the Government Council.

2. Circulation resolutions require the approval of at least three members, including the applicant.

1. Any member of the government council may record their dissenting opinion regarding a decision that has been made in the minutes.

1. Correspondence originating from the Executive Council to higher federal, cantonal, or foreign authorities shall be signed in the name of the Executive Council by the President of the Executive Council and the State Secretary or their deputies.

2. Other correspondence and excerpts from the minutes originating from the Executive Council shall be signed by the State Secretary or his deputy.

1. Ordinances, generally binding resolutions, and important circulars must be published in the official gazette.

1. The government council regulates the details of the procedure.

1. The President of the Government is elected by the Cantonal Council for a term of one year.

2. The Vice President is appointed by the Government Council for the same duration.

1. The President of the Government directs the activities and negotiations of the Council of Government and represents it externally.

2. If the President is incapacitated, the Vice President takes his place, and if the Vice President is also incapacitated, the longest-serving member of the Council of Government assumes the position.

1. The President of the Government is particularly responsible for ensuring that the tasks of the Government Council are undertaken appropriately and in a timely manner by

a) managing and overseeing the affairs of the entire authority

b) ensuring cooperation among the departments

c) coordinating the work of the Government Council with that of the Cantonal Council

d) being responsible for external and internal information

e) ordering inquiries into urgent measures and suggesting to the Government Council what he deems advisable

2. The other members of the Government Council shall contribute to alleviating the workload of the President of the Government through their activities and assist him in fulfilling his leadership duties.

3. The Government Council designates the positions available to the President of the Government for the fulfillment of his tasks.

1. The President of the Government may

a) order precautionary measures

b) in urgent cases, decide on behalf of the Government Council if it lacks a quorum

c) independently handle matters of a predominantly formal nature or of minor importance or delegate them to another authority for independent handling

2. Decisions pursuant to subsection 1 letter b must be submitted to the Government Council for acknowledgment at the next meeting.

1. The Executive Council may appoint delegations from among its members for the planning, coordination, preparation, and execution of certain matters.

2. It may transfer decision-making powers to the delegations. However, any member of a delegation may request that a matter be submitted to the Executive Council for a decision.

3. The remaining members of the Executive Council shall be informed about the deliberations and decisions of the delegations.

1. The State Chancellery is the executive and coordination office of the Government Council; it ensures the connection to the Cantonal Council.

2. It provides public information as directed by the Government Council and its services are also available to the Cantonal Council.

3. The Government Council may assign additional tasks to the State Chancellery.

1. The State Chancellery is organizationally and administratively assigned to a department.

2. The assignment of additional services to the State Chancellery is decided by the Governing Council.

1. The State Secretary is the head of the State Chancellery and the principal assistant to the Government Council and the President of the Government.

2. He is responsible for providing legal advice to the Cantonal Council and the Government Council.

3. The State Secretary may also, in agreement with the competent department head, assign department specialists to tasks for the entire authority.

1. The Government Council may establish additional central staff units.

2. It administratively assigns them to the State Chancellery or to the department with which they have the closest substantive connection.

1. The Executive Council may consult experts who are not part of the cantonal administration.

1. The duties of the entire cantonal administration, insofar as they are not directly undertaken by the Government Council or the State Chancellery, are assigned to five departments.

2. Reserved are the statutory assignments of administrative duties to cantonal institutions and enterprises, as well as to public-law organizations and to private entities.

1. In preparation for the business of the Council of Government and for the independent execution of tasks assigned to them by legislation or special delegation, the following departments exist

1. Department of the Interior

2. Department of Education

3. Department of Construction

4. Department of Economic Affairs

5. Department of Finance

1. Within the framework specified by Art. 30, the individual subject areas are assigned to the departments by ordinance of the government council.

2. The assignment must be made in such a way that the contextual connections are preserved, workflows are facilitated, and the work is distributed as evenly as possible among the heads of departments.

1. The Executive Council assigns each of its members the responsibility of leading a department and designates another member as a deputy.

1. The departments are divided into offices and non-autonomous institutions, which are directly subordinate to the heads of the departments. Autonomous institutions are assigned to a head of a department.

1. The Head of Department is responsible for ensuring that the department, along with its subordinate services and dependent institutions, is organized and managed in accordance with the principles of lawful, efficient, and economical administration.

**1. The Head of the Department fulfills their leadership role by particularly:**

a) Periodically determining the tasks and objectives of the department and its offices and monitoring their realization

b) Coordinating the activities of the offices

c) Continuously informing the government council about all important developments in the department and preparing decisions that fall within the government council’s jurisdiction

d) Ensuring and monitoring the creation and adherence to the department's budget

e) Periodically reviewing the department's organization for its effectiveness and initiating measures to adapt it to changing requirements

f) Regulating the authority to issue directives within the department

1. Circular letters and decrees shall be signed by the head of the department.

2. The head of the department may authorize employees to sign decrees on behalf of the department within their scope of duties.

3. The executive council may require collective signatures for specific subject matters.

4. The state chancellery shall maintain a public register of persons authorized to sign.

1. The departments independently manage the credits allocated to them in the budget, by law, or by special resolution of the Cantonal Council, provided that the amount is fixed and the recipient is designated.

1. Departments may be assigned commissions or working groups for consultation on factual questions and in legislation.

2. Commissions are elected by the government council for a term of office, unless specific legal provisions exist, and working groups are elected by the government council or the department for the duration of the mandate.

3. In every confirmation election, it must be assessed whether it is justified to maintain a commission.

1. If a matter falls within the scope of multiple departments, the parties involved shall independently ensure mutual information and coordination. The department primarily involved shall take the lead on the matter.

2. If the jurisdiction is disputed, the executive council shall decide.

1. The government council may establish special coordination offices or facilities as needed.

2. Experts who are not part of the cantonal administration may also be appointed to these.

1. If a matter falls within the area of multiple departments, the lead department shall obtain co-reports.

1. The Law on the Organization and Administration of the Government Council and its Directorates of February 12, 1881, is hereby repealed.

1. The government council is authorized, regardless of any differing provisions in existing laws, to adjust the organizational and jurisdictional regulations contained in laws or decrees for the cantonal administration within the meaning of this law by means of an ordinance.

2. It is empowered, in the event of such an adjustment, to formulate statutory regulations on competencies in favor of a specific department or a particular subordinate agency in a more general manner.

1. The Executive Council is authorized to either keep ongoing proceedings, at the time this law comes into effect, with the previously responsible authority or assign them to the newly responsible authority for resolution.

1. This law shall come into force on a date to be determined by the government council following its acceptance by the people.

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

3. If the constitutional law of February 18, 1985, regarding the amendment of Articles 33, 61, 63, 66, and 68 of the Constitution of the Canton of Schaffhausen, which is submitted to the popular vote simultaneously with this law, is rejected, this law shall become void.