Culture Promotion Ordinance - Competence (Art. 6 CPO)

1. The implementation of the Cultural Promotion Act is the responsibility of the Department of Education and Culture, unless the law or regulation stipulates otherwise.

2. It administers the Cultural Fund pursuant to Article 5, Paragraph 2 of the Act and processes applications for contributions within the scope of this regulation. Where it does not make the decision itself, it submits a proposal to the Government Council.

1. The Government Council appoints a Cultural Council.

2. The Cultural Council consists of five to seven members. They represent various areas of cultural life. The majority of the members are residents of the canton or are culturally active in the canton. Immediate re-election after the expiration of a term is excluded.

3. The Cultural Council advises the Government Council and the Department of Education and Culture on cultural matters. It has, in particular, the following tasks

a) * It provides recommendations on applications for performance agreements and funding requests, on which the Government Council decides;

b) * It provides recommendations for the awarding of the cantonal Culture Prize and the Recognition Prize;

c) * It formulates recommendations for the issuance of the cultural concept to the Government Council;

d) It reviews the implementation of goals and directives.

1. The Department of Education and Culture operates a Cultural Promotion Office. This office acts as a point of contact for cultural matters. In particular, it prepares grant applications and service agreements, performs coordination tasks, and represents the canton in regional, Swiss, and cross-border cultural bodies. It promotes information about the cultural activities of the canton.

2. The Cultural Promotion Office operates a Museum Coordination Office. This office advises museums and supports them in their cooperation efforts.

1. The Government Council issues a cultural concept every four years.

2. The concept establishes the guidelines, principles, and priorities of cultural promotion and specifies the conditions for funding.

1. The canton may support museums of at least regional significance with yearly recurring financial contributions.

2. The allocation of recurring contributions is dependent, on the one hand, upon the conclusion of performance agreements and, on the other hand, requires an appropriate level of financial support from at least the local municipality.

3. The regional significance is assessed particularly based on the following criteria and documents

a) Collection (significance, inventory, documentation);

b) Preservation (conservation, care, storage);

c) Research (research projects, publications);

d) Exhibition (permanent and special exhibitions);

e) Education and mediation;

f) Professionalism (qualification level of personnel);

g) Opening hours, accessibility;

h) Public appeal, tourism significance;

i) Annual financial statements, annual report, budget.

1. The canton may support libraries of regional significance with annually recurring financial contributions.

2. The allocation of recurring contributions is contingent upon the conclusion of performance agreements on one hand and presupposes adequate financial support at least by the host municipality on the other.

3. The regional significance is assessed particularly based on the following criteria or documents

a) Media collection;

b) Number and origin of users;

c) Professionalism (staff training level);

d) Opening hours, accessibility;

e) Events in the field of reading promotion and media instruction;

f) Internet access, online access to the media collection;

g) Annual financial statement, annual report, budget.

1. The canton may support cultural institutions of cantonal significance with annually recurring financial contributions.

2. Non-profit organizations (associations, foundations, cooperatives, etc.) whose ongoing cultural activities cover the cantonal area or otherwise represent the canton are considered cultural organizations of cantonal significance.

3. The allocation of recurring contributions is contingent upon the conclusion of performance agreements.

4. The cantonal significance is particularly assessed based on the following criteria or documents

a) The organizations cover at least Appenzell Ausserrhoden in their field of activity or represent the canton in another manner.

b) The organizations are legal entities with which binding performance agreements are concluded.

c) The organizations have already made a certain performance record and offer assurance of continuity.

d) Annual financial statement, annual report, budget.

1. The canton may support extraterritorial institutions with significant importance to the canton with annually recurring financial contributions.

2. The significant importance to the canton is assessed particularly based on the following criteria and documents

a) The institutions are used by a substantial part of the population of Appenzell Ausserrhoden;

b) The institutions are legal entities;

c) The institutions have already provided a certain record of performance and offer assurance of continuity;

d) Annual financial statement, annual report, budget.

1. The canton may support private cultural creators and cultural mediators, as well as its own appearances and cultural projects, with financial contributions.

2. These contributions may, insofar as they are recurring or substantial, be tied to the conclusion of performance agreements.

3. The performance agreements essentially describe the services to be provided by the cultural institutions, as well as the nature and extent of the financial support. They are guided by recognized guidelines.

1. The Government Council awards a cantonal Culture Prize at least every three years upon the request of the Department of Education and Culture.

2. The Culture Prize is an accolade for significant achievements in the cultural sector. It may be awarded to individuals, groups, or institutions from all cultural fields who have made a substantial contribution with supra-regional impact to the cultural life of Appenzell Ausserrhoden.

3. The awarding of the Culture Prize to previous recipients is excluded. The Government Council may forgo a prize award if there are no suitable candidates.

4. The Culture Prize is endowed with CHF 20,000 to CHF 30,000 and is presented with a certificate issued by the Government Council at a public ceremony.

1. For the acknowledgment of special merits in the mediation, care, and promotion of culture in and from Appenzell Ausserrhoden, the government council may, upon proposal from the Department of Education and Culture, award a recognition prize.

2. The recognition prize amounts to a maximum of Fr. 10,000.- and is awarded at most every two years.

1. In the case of new constructions and renovations of cantonal buildings, the canton may award contracts for artistic design within the scope of the construction credit.

2. The Cultural Promotion Office must be involved in the planning and implementation of the artistic design.

1. Applications for contributions based on the Cultural Promotion Act must be submitted to the Office for Cultural Promotion.

2. The applications must contain the following information in particular

a) Name and residence of the applicant;

b) if applicable, name and residence of the project author;

c) description of the project to be supported;

d) cost estimate regarding the expected income and expenses;

e) financing plan;

f) information on the contribution requirements according to Art. 4 to 7.

3. The Office for Cultural Promotion may waive certain requirements or request additional information and documents.

**1. Contributions may be awarded if the recipient of the service or the project has a connection to the canton. This is particularly the case,**

a) if the recipient of the service resides in Appenzell Ausserrhoden or has a significant connection to the canton,

b) for projects that are significant for Appenzell Ausserrhoden or a part of the canton,

c) or for projects intended for the general public from which a substantial number of canton residents may benefit.

**2. The applicant must demonstrate that reasonable personal contributions have been made and efforts to secure additional third-party contributions have been undertaken.**

**3. Start-up contributions can be granted if sufficient proof of follow-up financing is provided.**

1. Contributions may be granted as cash benefits, deficit guarantees, acquisitions of art objects, or in other forms. They may be subject to conditions or requirements, such as the submission of final accounts or specimen copies.

2. There is no legal entitlement to the provision of contributions.

1. Contribution commitments may be partially or entirely revoked if they were obtained abusively, particularly in cases where

a) false or misleading information was provided in the application,

b) the project was realized differently than proposed,

c) resources were clearly used inappropriately,

d) conditions or requirements were not met.

2. Under the same circumstances, provided benefits may be partially or entirely reclaimed.

1. Decisions on one-time contributions up to CHF 10,000 and recurring contributions up to CHF 2,000 are made by the competent department, while decisions on higher contributions are made by the government council.

1. The Office for Cultural Promotion maintains a register of persons who have received support. The information recorded includes the name, year of birth, and address of the individuals concerned; for legal entities, the managing body; the designation of the project with an assignment to the primarily affected art sectors; the resolution of the application; and the amount of support.

2. To fulfill the objectives of cultural promotion, the data may be disclosed to public or non-profit private cultural promotion entities.

1. The Cultural Council shall be elected for the first time on January 1, 2008, for the remainder of the term from 2007 to 2011.

2. The Cultural Prize shall be awarded for the first time in the year 2008.

1. This regulation shall enter into force on August 1, 2006.