Rules of Procedure of the Church Council (RP CC) (GOKR)

The Church Council constitutes itself at the beginning of each term of office and after by-elections.

1. **Commencement of Office**

The Church Council members shall take office within three months of the constitutive meeting of the Church Synod.

2. The President of the Church Council shall determine the timing after their election.

1 The members of the Church Council exercise their office collectively in the collegium and within their assigned department.

2 The Church Council assigns a department to each of its members.

3 Members are obliged to take over the department assigned to them.

4 No member is obliged to take over the same department for more than two consecutive terms of office.

a. Principle

1 The Church Council shall form departments in such a way as to ensure the appropriate, economic, and goal- and mission-oriented fulfillment of the tasks of the Church Council and the Central Church Services.

2 It shall assign to each department the topics and areas of responsibility for which it is accountable.

181.22

Rules of Procedure for the Church Council (ROP CC)

3 The departments of the Church Council are

a. Presidential Affairs – Church Identity and Relations,

b. Education and Theology,

c. Parish and Region,

d. Church and Society,

e. Membership and Lived Environments,

f. Diakonia and Social Affairs,

g. Finance and Infrastructure.

Collegium

Representation

Delegations

Quorum

Recusal

Business Planning

1 The Church Council makes its decisions as a collegial body.

2 The members of the Church Council represent the decisions of the collegial body.

3 The Church Council makes the final decision on conflicts of jurisdiction between the departments of its members.

1 The Church Council designates at least one substitute from among its members for each of its members.

**2 If the substitutes are also unable to serve, the Church Council designates an extraordinary substitute from among its members.**

1 At the beginning of a term of office, the Church Council designates its

representations in corporations, institutions, foundations, associations, companies,

and other organizations.

2 Representations are designated for a specific period, but no longer

than the term of office of the Church Council.

The Church Council can make decisions if at least four members are present.

1 Recusal is governed by the provisions of the Administrative Justice Act of May 24, 1959.

2 It is recorded in the minutes.

1 The Church Council Secretary or Church Council Secretary, in consultation with the Church Council, determines its business plan.

2 The business plan ensures that the Church Council can handle its business according to its importance and urgency. It comprises the most important business and thematic priorities and extends over a semester or a calendar year.

2

Rules of Procedure of the Church Council (RP CC)

181.22

10 The Church Council involves the Executive Board in its deliberations as needed and in consultation with the Executive Board's secretary.

1. Disclosure by Members of the Church Council and the Church Council Secretary

The members of the Church Council and the female or male Church Council Secretary shall inform the Church Council Office in writing upon assuming office and at the beginning of each year about

a. Activities in executive and supervisory bodies as well as in advisory bodies and commissions of corporations, institutions, foundations, associations, and companies under private and public law,

b. Participations in private law companies that comprise at least 5% of the company capital or voting rights.

2. The Church Council Office shall publish the information.

B. Meetings

1 Convening the Church Council

1 The Church Council convenes as often as business requires.

2 It is convened by the Church Council Secretary or the Church Council Secretary on behalf of the President of the Church Council or the President of the Church Council.

3 At least two part-time members of the Church Council may, at any time, request that a meeting be held, stating the business to be discussed and the desired date.

1 Members of the Church Council and the Church Council Secretary are obliged to attend the meetings. Any inability to attend and the reasons for it must be communicated to the President of the Church Council in good time.

2 The Minute Taker participates in the meetings in an advisory capacity.

3 The Church Council may call upon additional persons with an advisory vote for individual matters. Unless the Church Council determines otherwise, these persons shall recuse themselves during votes.

1.4.23-120

3

181.22

Rules of Procedure for the Church Council (RP CC)

Order of

Meetings

Invitation

Exclusion of

the Public

Motions

a. Submission

of Motions

b. Form

c. Deadlines

Prayer

1 The sessions of the Church Council generally take place on

Wednesdays.

2 The Church Council holds closed sessions (retreats) during which it

deliberates, in particular, on fundamental issues with far-reaching

significance.

1 The President of the Church Council prepares, in consultation with the Clerk of the Church Council, the meeting invitation stating the agenda items.

2 The Clerk of the Church Council ensures that the invitation and the essential documents for decision-making regarding the agenda items are generally made available to the members of the Church Council at least four days before the meeting.

The meetings of the Church Council are not public.

The members of the Church Council and the Church Council Secretary may request consultation on any matter falling within the jurisdiction of the Church Council.

1 The Church Council generally bases its decisions on written motions.

2 The Church Council Secretary or the Church Council Scribe examines

the written motions from formal, substantive, and legal perspectives.

He or she ensures that written motions are approved by the

competent member of the Church Council for deliberation within the Church Council.

1 The Church Council Secretary is responsible for ensuring that the Church Council can conduct its business in a timely manner.

2 Written motions should generally be submitted in such a way that they can be placed on the agenda for the second-to-last meeting before the deadline.

The meetings of the Church Council shall be opened with a prayer or

a brief reflection.

4

Rules of Procedure for the Church Council (RPC)

181.22

1 Each member of the Church Council and the Church Council Secretary may propose amendments to the agenda. Otherwise, business is transacted in the established order.

2 Matters not on the agenda may be discussed if no member objects.

For the deliberations of the Church Council, the following applies

a. The Church Council decides, subject to §§ 30 and 31, after joint deliberation.

b. Business items are called individually, deliberated, and resolved.

c. If no deliberation is requested, a business item is deemed resolved.

d. If a written motion is amended, the minute-taker shall make the amendments to the motion, unless the Church Council determines otherwise.

b. Deliberation

1. The presiding member determines the wording of the questions for motions made during the deliberation on an item of business. If this is contested, the Church Council makes the final decision.

2. Procedural motions are dealt with before motions regarding the content of an item of business. Motions for a point of order are voted on immediately.

1 The Church Council decides by majority vote.

d. Adoption of Resolutions

2 The members of the Church Council are obliged to vote. Paragraph 3 remains reserved.

3 If the Church Council sits with an odd number of members, the presiding member only votes in case of a tie. If it sits with an even number of members, the presiding member votes. In the event of a tie, the presiding member's vote is decisive.

4 Elections and votes are conducted openly.

1.4.23-120

5

181.22

Rules of Procedure of the Church Council (RPC)

1 A minority of the Church Council is entitled to have their vote recorded in the minutes, along with the reasons they put forward.

Minority Motions

2 The Church Council Secretary may have a dissenting opinion recorded in the minutes.

3 Requests pursuant to paragraphs 1 and 2 must be made immediately after the Church Council's decision-making and justified in writing as soon as possible. § 5 paragraph 2 applies irrespective of such a request.

4 A minority motion and a dissenting opinion shall be included in the minutes under the next subsequent decision number. No promulgation shall take place in accordance with § 35 paragraph 2.

Decisions

Discussion

Inquiry

Extraordinary Decision-Making

a. Circular Resolutions

b. Presidential Orders

1 The Church Council passes its resolutions, specifically, as inter-

locutory decisions, final decisions, preliminary decisions, and acknowledgements.

2 Preliminary decisions must be designated as such. They are binding for the further handling of the matter, unless significant new aspects arise.

During discussions, the Church Council deliberates on matters,

without making a decision according to § 27.

In every session, a survey takes place. It serves for mutual information.

1. If circumstances require and there is no time available for holding a meeting in accordance with § 13, the President of the Church Council may negotiate and have individual matters decided in writing or by other means. Decision-making shall be in accordance with § 25.

2. Resolutions pursuant to para. 1 are equivalent to resolutions adopted in a meeting.

1 The President of the Church Council may decide independently in place of the Church Council

a. urgent matters that cannot be dealt with in a timely manner according to §§ 13 or 30,

b. matters of minor importance.

2 Decisions pursuant to para. 1 are equivalent to resolutions adopted in a meeting.

3 Decisions pursuant to para. 1 lit. a shall be brought to the immediate attention of the members of the Church Council and the Church Council Secretary, and decisions pursuant to para. 1 lit. b shall be brought to their attention at the next meeting.

C. Minutes and Issuance

Minutes

a. Keeping and Approval

1 Minutes shall be kept of the proceedings of the Church Council.

2 The person designated by the Church Council Secretary shall keep the minutes.

6

Rules of Procedure of the Church Council (GO KR) 181.22

3 The minutes shall generally be made available to the members of the Church Council for inspection within seven working days after the meeting.

4 They shall be submitted to the Church Council for approval at the next subsequent meeting.

1 The minutes shall contain in particular

a. the exact designation of all transactions,

b. resolutions in accordance with § 27, minority motions in accordance with § 26, circular resolutions in accordance with § 30, and presidential orders in accordance with § 31, each with the corresponding considerations,

c. for each resolution and each presidential order, the determination of whether

1. access to information in accordance with the Act on Information and Data Protection of February 12, 2007 (IDG)4 can be granted without further ado,

2. the Church Council informs the public,

d. the essential results of discussions,

e. the information from the survey.

2 The voting ratio shall not be specified.

b. Content

1 Access to Minutes

The minutes are available to all members of the Church Council and to the Church Council Secretary.

**2 Access for Ecclesiastical Services Staff**

The Church Council designates the staff of the General Ecclesiastical Services who shall have access to the minutes.

**3 Further Publication and Handing Over of Excerpts**

For other matters, the publication and handing over of minute excerpts shall be governed by Art. 23 KO and the IDG.

1 The Church Council Chancellery prepares the resolutions and presidential decrees.

2 Resolutions and presidential decrees are notified by extract from the minutes and, exceptionally, by special communication. They bear the name of the responsible person from the Church Council Chancellery and are signed by this person.

3 Any member of the Church Council may request during the meeting that the editorial version of a resolution be submitted to the Church Council for approval before its issuance.

1.4.23-120 7

181.22

Rules of Procedure of the Church Council (GO KR)

4 Resolutions based on written motions that the Church Council does not amend are prepared immediately after the meeting. Otherwise, resolutions are prepared without delay as soon as they are approved by the Church Council or the person designated by it. Deviating instructions from the Church Council remain reserved.

Duties

President of the

Church Council

D. Members of the Church Council

1 The members of the Church Council assume the tasks, business, mandates, and deputations assigned to them within the Church Council and in their respective portfolios. In the event of refusal, the Church Council makes the final decision.

2 They inform the other members of the Church Council and involve them where a matter concerns more than just their portfolio. They may invite written co-reports or, on their own initiative, draft co-reports for the attention of the Church Council.

1 The President of the Church Council

leads the business of the Church Council.

2 The President of the Church Council

a. ensures that the Church Council undertakes and completes its tasks

in a timely, appropriate, and coordinated manner,

b. presides over the meetings of the Church Council,

c. represents the Church Council before the Bureau of the Church Synod,

d. represents the Church Council externally, unless another member

of the Church Council is responsible,

e. mediates in contentious issues between the members of the Church

Council,

f. monitors that the supervision of the Church Council over the pan-

church services is appropriately organized and exercised.

3 The President of the Church Council is the direct superior

of the Secretary of the Church Council.

8

Rules of Procedure of the Church Council (ROP CC) 181.22

E. Secretary of the Church Council

1 The Function and Position of the Church Council Secretary

Together with the staff services, the Church Council Secretary forms the general staff unit for the President of the Church Council and the Church Council.

2 The Church Council Secretary is the direct superior of the Heads of Department of the Ecclesiastical Services.

3 He or she holds the position of a Head of Department in relation to the staff services.

4 The Church Council Secretary possesses unlimited rights of instruction, supervision, and self-entry, on a case-by-case basis, vis-à-vis the employees of the Ecclesiastical Services.

1. The Church Council, upon proposal by the Deputy Church Council Secretary or the Church Council Secretary, designates at least one deputy for this person.

2. If the Church Council Secretary and their deputies are unable to perform their duties, the Church Council President shall make the necessary arrangements.

1 **The Church Council Secretary's Duties**

leads the Central Church Services, observing the principles of contemporary administrative management and in particular the principle of congruence between tasks, competences, and responsibility. They lead, steer, and coordinate the activities of the Central Church Services and promote their performance and renewal capability.

2 **The Church Council Secretary**

a. supports the Church Council and its members in the performance of their duties,

b. implements the resolutions of the Church Council,

c. ensures the flow of information between the Church Council and the Central Church Services,

d. decides on the allocation of matters within the Central Church Services,

e. regulates, subject to the powers of the Church Council, the organisational and administrative affairs of the Central Church Services,

f. chairs the meetings of the Management Board,

g. sets the agenda and the order of business for the meetings of the Management Board,

h. ensures that the Management Board addresses and concludes its tasks in a timely, appropriate, and coordinated manner,

i. leads the Staff Services,

j. mediates in disputed matters between the Staff Services and the departments, as well as between departments,

k. performs other duties assigned according to this regulation and by the Church Council.

1 The Church Council Secretary shall issue rulings independently in the areas listed in Annex 1 to this Ordinance, in accordance with Art. 223 para. 1 of the Church Ordinance.

2 If the Church Council delegates independent decision-making powers to the Church Council Secretary pursuant to Art. 223 para. 1 of the Church Ordinance, she or he shall make decisions in her or his own name.

3 Rulings of the Church Council Secretary shall be recorded in the minutes of the Executive Board.

4 Rulings of the Church Council Secretary shall be communicated by means of an excerpt from the minutes and, in exceptional cases, by special notice. They shall bear the name of the competent person of the Church Council Chancellery and shall be signed by that person.

5 A request for re-evaluation of rulings made by the Church Council Secretary may be submitted to the Church Council. The procedure shall be governed by the provisions of the Municipal Act of April 20, 2015, regarding re-evaluation.

Issuance of

Rulings

Committees

F. Committees and Commissions

1 The Church Council may form committees from among its members.

These shall consist of a maximum of three members.

2 Committees prepare deliberations and decisions of the Church

Council, accompany individual matters of the Church Council, or conduct

negotiations for the Church Council with other authorities or private

individuals.

Rules of Procedure of the Church Council (GO KR)

181.22

Furthermore, the Church Council determines the mandates and competences of its committees. It may co-opt additional persons with an advisory vote.

The Church Council may appoint commissions for specific areas of responsibility.

A member of the Church Council, the Church Council Secretary (female) or the Church Council Secretary (male) shall be a member of such a commission.

The Church Council shall determine the number of members and, subject to paragraph 2, freely elect the members of the commission and, from among them, the president (female) or the president (male). It shall determine the mandates, responsibilities, and organization of commissions.

For the meetings of committees and commissions, Sections 13-31 apply mutatis mutandis, unless the Church Council determines otherwise.

Decision-making powers of the Church Council cannot be transferred to committees and commissions.

Committees and commissions are administratively assigned to the Church Council Secretary.

The appointment of members of committees and commissions is for a specific duration, but no longer than the term of office of the Church Council.

G. Power of Signature

Writings and contracts decided upon by the Church Council shall be signed by the President of the Church Council and by the Secretary of the Church Council. The Church Council grants special powers of attorney to the members of the Church Council, the Secretary of the Church Council, and employees of the General Church Services on a case-by-case basis or for specific tasks.

Applications, reports, and responses from the Church Council to the Church Synod shall bear the names of the President of the Church Council and the Secretary of the Church Council.

1.4.23-120

11

181.22 Rules of Procedure of the Church Council (ROP CC)

3 Contracts concerning recurring obligations require a double signature. Subject to para. 1, the following individuals shall sign, each within their area of responsibility

a. the President of the Church Council together with the Secretary of the Church Council, and vice versa,

b. the members of the Church Council with the respective head of department,

c. the heads of department together with the Secretary of the Church Council.

4 For all other matters, the authority to sign for the President of the Church Council, the members of the Church Council, the Secretary of the Church Council, and employees of the General Church Services shall be determined according to the spending authorizations pursuant to § 46.

Expenditures

The authority of the President of the Church Council, members of the Church Council, the Church Council Secretary, and employees of the Supra-regional Church Services to incur expenditures within their own purview is governed, within the framework of the Church Council's responsibilities, according to

Committees and commissions of the Church Council existing at the time of entry into force of these regulations, as well as their mandates, responsibilities, and organization, shall remain unchanged until new regulations are enacted by the Church Council in accordance with §§ 42–44.

1 OJ 75, 407; For justification, see Off. Gaz. 2020-06-19.

2 Entry into force: 1 November 2020.

3 LS 131.1.

4 LS 170.4.

5 LS 175.2.

6 LS 181.10.

7 LS 181.40.

8 LS 181.401.

9 LS 181.402.

10 Version in accordance with Decision of 16 June 2021 (OJ 76, 283; Off. Gaz. 2021-06-25). In force since 1 October 2021.

11 Inserted by Decision of 2 November 2022 (OJ 78, 26; Off. Gaz. 2022-11-04). In force since 1 February 2023.

12 Version in accordance with Decision of 2 November 2022 (OJ 78, 26; Off. Gaz. 2022-11-04). In force since 1 February 2023.

1.4.23-120

13

181.22

Appendix 112

Rules of Procedure of the Church Council (GO KR)

Independent Authorisation Powers of the Church Council Secretary

in accordance with § 41 para. 1

1. Issuance of principles for human resource management in the General Church Services.

2. Decision on the reallocation of staff percentages within the central services and departments of the General Church Services and between them, within the staff percentages approved by the Church Council in the staff plan for the General Church Services.

3. Decision on the appointment of pastors in institutions and employees of the General Church Services in the functions designated by the Church Council in accordance with the classification plan (§ 18 para. 1 Personnel Ordinance7).

4. Appointment of elected pastors by administrative order after the election has become legally binding (§ 18 para. 2 Personnel Ordinance).

5. Decision on the granting of individual salary increases for employees of the General Church Services in the functions designated by the Church Council (§§ 49 et seq. Implementing Ordinance to the Personnel Ordinance8), with annual information to the Church Council on the individual salary increases granted and the pastors and employees considered.

6. Decision on the granting of functional allowances, one-time allowances, and performance bonuses (§§ 64 and 65 Implementing Ordinance to the Personnel Ordinance), with annual information to the Church Council on the functional allowances, one-time allowances, and performance bonuses granted and the pastors and employees considered.

7. Decision on the reoccupation of vacant positions in pastorates in institutions and in the General Church Services.

8. Dismissal of pastors from office (Art. 132 KO), provided that an application is fully granted or dismissal occurs by operation of law.

9. Decision on the termination of employment relationships of pastors in institutions and employees of the General Church Services in the functions designated by the Church Council in accordance with the classification plan (§§ 26 et seq. Personnel Ordinance).

10. Decision on the granting of sabbatical leave (§ 80 Personnel Ordinance).

14

Rules of Procedure of the Church Council (GO KR)

181.22

11. Recommendation of pastors for admission to the continuing education program for training pastors, with the involvement of the President of the Church Council.

12. Recommendation of persons applying for a lateral entry into the pastorate, with the involvement of the President of the Church Council.

13. Recommendation for the probationary pastoral year for candidates for the pastorate, and designation of the parish in which they will complete the probationary pastoral year, and of the responsible probationary year supervisors, with the involvement of the President of the Church Council.

14. Extension of the deadline for convening a parish assembly for the election of a pastoral election commission or for a decision on an election proposal without establishing a pastoral election commission (§ 9 para. 1 Ordinance on the Pastorate in the Regional Church), with the involvement of the President of the Church Council.

15. Granting of eligibility for election for pastors (Art. 129 KO).

16. Decision on admission to the colloquium (§ 37 Ordinance on the Pastorate in the Regional Church).

17. Assignment of substitutes (Art. 121 KO).

18. Approval of secondary employment and the assumption of public offices, including the decision on the compensation for claimed working hours and on the remittance of income (§§ 93 et seq. Personnel Ordinance).

19. Exemption of pastors from the residency requirement for a maximum of six months (Art. 122 para. 3 KO).

20. Granting of paid and unpaid leave (§§ 92 et seq. Implementing Ordinance to the Personnel Ordinance).

21. Granting of leave for parenthood (§§ 104 et seq. Implementing Ordinance to the Personnel Ordinance).

22. Decision on the approval of parish regulations (Art. 153 para. 3 KO).

1.4.23-120

15

181.22

Appendix 2

Rules of Procedure of the Church Council (GO KR)

Expenditure Authorisations in accordance with § 46 GO KR

1. President of the Church Council

New expenditures not included in the budget or revenue shortfalls

up to CHF 50,000 in individual cases for one-time expenditures,

up to CHF 10,000 in individual cases for annually recurring expenditures.

2. Church Council Secretary

a. Within the framework of the budget and approved supplementary credits, expenditures or corresponding revenue shortfalls in their own area of responsibility

with the consent of the competent member of the Church Council over CHF 50,000 and not more than CHF 100,000 in individual cases for one-time expenditures,

up to CHF 50,000 in individual cases for one-time expenditures,

up to CHF 25,000 in individual cases for annually recurring expenditures,

bound expenditures.

b. New expenditures not included in the budget or revenue shortfalls in their own area of responsibility up to a maximum of 20% of the budgeted amount per cost center or cost unit, provided that this amount is balanced within the overall budget of the General Church Services.

c. In their own area of responsibility, release of invoiced expenditures within the framework of approved commitment credits.

3. Heads of Departments of the General Church Services

a. Within the framework of the budget and approved supplementary credits, expenditures or corresponding revenue shortfalls in their own area of responsibility

up to CHF 30,000 in individual cases for one-time expenditures,

up to CHF 5,000 in individual cases for annually recurring expenditures,

bound expenditures.

16

Rules of Procedure of the Church Council (GO KR)

181.22

b. In their own area of responsibility, release of invoiced expenditures within the framework of approved commitment credits.

4. Heads of Sections of the General Church Services

Within the framework of the budget and approved supplementary credits, expenditures or corresponding revenue shortfalls in their own area of responsibility up to CHF 5,000 in individual cases for one-time expenditures.

5. Employees of the General Church Services

Within the framework of the budget and approved supplementary credits, expenditures or corresponding revenue shortfalls in their own area of responsibility up to CHF 5,000 in individual cases for one-time expenditures, provided that the delegation of responsibility is made in writing and approved by the Church Council Secretary.

6.12 Managing Director of Kloster Kappel

Within the framework of the budget and approved supplementary credits, as well as the decisions of the Church Council, expenditures or corresponding revenue shortfalls in their own area of responsibility according to the service mandate of the Church Council.

7.11 Head of the Ecclesiastical Specialist Unit for Unemployment (DFA)

Within the framework of the budget and approved supplementary credits, as well as the decisions of the Church Council, expenditures or corresponding revenue shortfalls in their own area of responsibility.

1.4.23-120

17

Abs. 1 and 2 KO according to Annex 2 of this Ordinance. The Church Council

may decide on exceptions in individual cases and for a limited period.

**H. Business Management System**

**47.** 1 The Church Council shall have an electronic business management system.

a. 2 The business management system serves, in particular

to record and process matters received by the Church Council and the

Overall Church Services,

b. to maintain a business control system,

c.10 to handle the affairs of the Church Council, the Church Council Secretary,

the Executive Board, and the Overall Church Services, as well as the Church Synod.

3 The Church Council Secretary shall regulate access to the business management system,

the data retention process, and, in consultation with the State Archive,

the long-term archiving of data.

12

Rules of Procedure of the Church Council (GO KR)

181.22

**I. Transitional Provision**