Act on the Organisation of the Government Council and the Cantonal Administration (Organisationsgesetz) - Obligation

1. The newly elected members of the Government Council are sworn in by the Grand Council to uphold the Constitution and the law.

2. ...

1. The personal designations used in this law refer to both genders.

1. Members of the Government Council shall not hold any other cantonal office nor engage in another profession.

2. They shall also not participate in the administration, management, or supervisory bodies of corporations that aim to make a profit. Exceptions are mandates in public or charitable enterprises that serve the specific public interests of the canton or the federal government.

1. Each member of the government council shall inform the state chancellery in writing about their

a) interests in private law companies that represent at least 5% of the share capital or voting rights,

b) activities in executive and supervisory bodies of corporations, institutions, and foundations under private and public law, as well as the nature of these activities (official or private),

c) representation mandates for the canton in organizations of private and public law (conferences, concordats, etc.).

2. The changes shall be recorded by the state chancellery at the beginning of each official year.

3. The state chancellery shall maintain a public register thereof.

1. No more than one member of the governmental council may belong to the Federal Assembly.

2. A member of the governmental council who already belonged to the Federal Assembly shall have precedence to hold both offices.

3. In the event of simultaneous election, precedence is given to the member elected to the Council of States, and among two members of the Council of States, to the one elected with the greater number of votes, then to the one with the longer tenure in the governmental council, and finally to the older member of the governmental council by age.

4. The simultaneous exercise of both offices is limited to 12 years if another member of the governmental council is elected to the Federal Assembly or a member of the Federal Assembly is elected to the governmental council.

1. The criminal prosecution of members of the Government Council for crimes or offenses committed in office requires the authorization of the Grand Council.

1. The government council shall establish an appropriate administrative organization within the framework of this law, insofar as it is not determined by other legal provisions.

2. It shall adapt the administrative organization, in particular the structure of the departments and the allocation of unassigned tasks, to changed conditions.

1. The Grand Council may establish an independent public institution with its own legal personality for the pension fund of the cantonal personnel and the teachers of the public schools.

2. The pension fund insures, within the meaning of occupational benefits, the old-age as well as the risks of disability and death of the employees of the canton and the teachers at the public schools. Both categories of personnel are to be treated equally.

3. The Grand Council shall regulate by decree the basic principles of the organization of the pension fund, the measures to remedy any underfunding, as well as the key parameters of the core plan for the cantonal personnel and the teachers of the public schools.

4. The Grand Council may decide on one-time contributions to the pension fund of the cantonal personnel and the teachers of the public schools and kindergartens to cushion reductions in the conversion rate. The municipal share is determined according to the decree on the participation of municipalities in the personnel costs of public schools and kindergartens (Municipal Participation Decree, MPD) of February 22, 2005.

1. The Grand Council may, by decree, establish its own organization as an independent public institution with its own legal personality for the accident insurance of cantonal personnel, teachers who are fully or partially salaried by the canton, and staff of charitable institutions as well as pupils and students at educational institutions in Aargau.

1. The seat of the cantonal administration is Aarau.

2. The Executive Council may relocate individual operationally suitable administrative units and non-independent state institutions.

1. The Executive Council coordinates administrative collaboration with the Office of the Grand Council and the Judicial Administration.

1. The Governing Council exercises state supervision over autonomous state institutions. It ensures the necessary cooperation between the administration and autonomous state institutions.

2. The overall supervision of the Grand Council is reserved.

1. The Governing Council may delegate the execution of certain public tasks to third parties. Insofar as the regulations on public procurement do not apply, the relevant provisions regarding labor and environmental protection conditions shall apply mutatis mutandis.

2. The Governing Council shall monitor the fulfillment of such tasks through performance agreement control, participation, or other appropriate measures. It shall ensure legal protection.

1. The Executive Council decides on the canton’s participation in enterprises for the fulfillment of public tasks. The financial competencies of the Grand Council as well as special statutory provisions remain reserved.

2. The Executive Council issues guidelines for the management and control of participations.

1. The Executive Council negotiates international and intercantonal treaties and submits them to the Grand Council for approval, unless it is responsible for the final conclusion under this or another law.

2. In the case of treaties or amendments of minor significance, it is authorized to conclude them definitively.

3. The same competences apply to the termination of treaties as to their conclusion. Specific provisions in cantonal laws or in the treaties themselves remain reserved.

1. The Government Council is obligated to inform the public in accordance with the provisions of the Public Information, Data Protection, and Archiving Law (IDAG) of October 24, 2006.

1. The Executive Council shall handle those matters itself which, by virtue of the constitution and law or due to their significance, cannot be assigned to subordinated authorities.

2. It shall assign to the departments, by means of ordinance, those tasks which they can fulfill independently. The option to appeal by administrative complaint remains reserved.

3. The Executive Council shall ensure compliance with § 90 paragraph 5 of the Cantonal Constitution and regulate the issuance of guidelines and instructions.

4. The processing, archiving, and protection of records and data of the cantonal administration shall be carried out in accordance with the provisions of the Law on Public Information, Data Protection, and Archiving (IDAG).

1. In the fulfillment of governmental duties, priority is given to teamwork within the collegium.

2. The governing council ensures the timely and effective coordination of activities between the departments.

1. The Cantonal Council meets periodically. The President or Chairperson may call for extraordinary meetings.

2. The President or Chairperson may, after consulting with the State Secretary, decide that meetings be held virtually or in a hybrid format as an exception.

1. The Landammann conducts the proceedings of the Government Council. He ensures the prompt presentation and resolution of business matters and maintains the liaison with the Grand Council.

2. If the Landammann is unable to perform his duties, the Landstatthalter steps in. If the Landstatthalter is also unavailable, the position is filled by the longest-serving member.

1. Minutes of the government council meetings shall be kept.

1. In order to conduct valid negotiations, at least three members of the Executive Council must be present. A member is considered present if they participate in the meetings either in person or virtually pursuant to § 15 para. 2.

2. Each present member is obliged to cast a vote.

3. The Executive Council decides by a majority of votes.

4. In the event of a tie, the chairperson's vote counts double.

5. To reconsider a resolution, the consent of at least three members is required.

1. The recusal provisions of the Administrative Procedure Act apply to the deliberations of the Government Council.

2. Members of the Government Council are not required to recuse themselves when dealing with matters involving legal entities of which they are ex officio members of the board.

1. The Executive Council regulates the authority to sign. The State Chancellery maintains a public register of this authority.

1. In cases of particular urgency, the Landammann is authorized to make decisions.

2. These are to be presented to the Government Council for acknowledgment at the next meeting.

1. The State Chancellery is the general staff office of the Government Council. It is headed by the State Secretary. The provisions regarding the departments apply mutatis mutandis to the General Secretariat of the State Chancellery, representation, and distribution of competencies.

2. The State Secretary prepares the meetings of the Government Council.

3. The State Chancellery supports the Parliamentary Service in fulfilling its tasks.

1. The legal service of the Executive Council is led by the Legal Advisor and is administratively subordinated to the State Chancellery.

2. The Legal Advisor is the advisor to the Executive Council on legal matters. He/she prepares the resolution of complaints for the Executive Council and reviews government affairs from a legal perspective.

3. The legal service provides instructions for complaints against decisions of the departments.

1. The Executive Council may, subject to the budgetary authority of the Grand Council, create additional staff positions; it regulates their subordination.

1. The administration is divided into 5 departments and the State Chancellery.

1. Each member of the government council heads a department.

2. The government council decides on the distribution of departments at the beginning of each term of office and after replacement elections. It regulates the representation among the individual members.

1. The Executive Council assigns tasks to the 5 departments, the State Chancellery, and its other staff offices through regulation.

2. Tasks that are substantively related are assigned to the same office whenever possible. In doing so, it aims for a balanced workload and the avoidance of conflicts of interest.

3. Available tasks that are substantively related should be assigned to the same department as far as possible. A balanced workload and the avoidance of conflicts of interest should be aimed for in this process.

1. Insofar as the Executive Council decides as a collective authority, the departments must report and submit proposals to it regarding matters falling within their scope of responsibilities.

1. The Head directs his department according to the principles of lawful and rational administration within the framework of the objectives decided by the Government Council. He informs the Government Council of all significant developments within his department.

1. The general affairs of a department are managed by its General Secretariat.

2. The General Secretariat is under the direction of the Secretary General, who participates as the Chief of Staff in the management.

1. The head of the department and the secretary-general sign the orders and decisions of the department.

2. The departments may authorize additional individuals to sign within their respective areas of responsibility.

1. The Executive Council hierarchically organizes the departments into divisions and sections, designates offices, and assigns these as well as non-independent state institutions accordingly.

2. The offices and non-independent state institutions act in their assigned area in their own name, but under the supervision of the department.

1. The Head of Department conducts his department according to the principles of lawful and rational administration and within the objectives set by the Head of Department. The same applies correspondingly to the lower management levels.

1. The commissions provided for by law and subordinate to the Executive Council shall be assigned to the individual departments.

2. As a rule, a member may belong to the same commission for only 12 years and up to the completion of the age of 70.

3. The Executive Council is authorized to establish commissions for the preliminary examination of important proposals or for the supervision of individual branches of administration.

4. The Executive Council shall determine the beginning and end of the respective term of office for commissions elected for a fixed term.

1. Members deputed by the Canton to boards of directors must not have reached the age of 70 at the time of taking office and must not have served on the board for more than 16 years.

2. This regulation does not apply to members of the government council during their term of office.

2. District Capitals are

| District | Municipality |

| --- | --- |

| Aarau | Aarau |

| Baden | Baden |

| Bremgarten | Bremgarten |

| Brugg | Brugg |

| Kulm | Unterkulm |

| Laufenburg | Laufenburg |

| Lenzburg | Lenzburg |

| Muri | Muri |

| Rheinfelden | Rheinfelden |

| Zofingen | Zofingen |

| Zurzach | Zurzach[[5]](#enumeration_itemtext_content_right_fn_2458929_2_5_c) **\*** |

2. Allocation of Municipalities to Districts is Conducted by Decree After Consultation with the Affected Municipalities.

1. The Grand Council determines the number of land registry offices.

2. ...

1. The district officers as well as their deputies may represent each other across districts in the fulfillment of their duties.

1. If a matter affects multiple departments or staff offices, the governing council shall determine the leadership.

2. The governing council shall decide on conflicts of competence between departments.

1. If multiple departments or staff offices are interested in a matter, a co-reporting procedure is conducted.

2. The managing office ensures the completeness of the records and a timely execution of the co-reporting procedure.

1. The government council may establish coordination bodies such as working groups and project management for the coordination of specific activities between the departments.

2. Members who do not belong to the administration may also be appointed to the coordination bodies.

1. The Act on Administrative Jurisdiction of July 9, 1968, is amended as follows

Text inserted in the relevant decree.

1. This law is to be published in the official legal collection. The Government Council determines the time of its entry into force and issues the provisions necessary for the implementation of this law.

1. ...

2. The Act on the Establishment of District Offices of March 16, 1854, is repealed.

3. The Decree on the Membership of a Member of the Government Council in the Federal Assembly of February 25, 1969, is repealed.

4. The provisions of the Decree on the Organization and Management of the Government Council and its Departments of March 17, 1969, are repealed, except for § 23.

5. The Regulation on the Financial Administration of National Churches and Church Communities of January 9, 1929, is repealed.