Act on the Organisation of the State Council and the Administration (LOCEA) - Position (SVOG)

1. The State Council is the highest executive and administrative authority of the canton.

2. It is a collegial body composed of seven members.

3. It is supported by the cantonal administration.

1. The State Council, while respecting the powers of the Grand Council, fulfills the following functions

a) It governs the canton.

b) It directs the cantonal administration.

c) It fulfills legislative tasks.

d) It performs enforcement and judicial actions for which it is responsible.

e) It exercises the other powers conferred upon it by the Constitution and the law.

2. It reports to the Grand Council on its activities, ensures the provision of information to the public, and ensures the implementation of the right of access to official documents.

3. Its manner of operation complies with the criteria of good governance and enables the achievement of set goals.

1. The Council of State conducts the policy and manages the public affairs of the canton by, in particular

a) undertaking initiatives suitable for the sustainable development of the canton and ensuring the welfare of its population;

b) planning governmental activities, specifically by adopting a government program and a financial plan for each legislative period, which are submitted to the Grand Council for acknowledgment; the financial plan is presented 10 months after the members of the Council of State take office;

c) managing the state's financial affairs in accordance with the relevant legislation;

d) ensuring the maintenance of public order and safety;

e) ensuring cooperation and coordination with the federal government, other cantons, neighboring regions, and municipalities, as well as internationally;

f) representing the state internally and externally.

2. Governance activities take precedence over all other duties of the Council of State.

1. Utilizing modern organizational and leadership tools, which he regularly updates, the Council of State oversees the cantonal administration by particularly

a) determining the general objectives of the administration and setting its priorities;

b) fulfilling the tasks in the field of organization and management of the administration assigned to him by this law and the special legislation;

c) ensuring internal communication and coordination of administrative activities at the highest level;

d) ensuring favorable conditions for the relations between the administration and the public;

e) exercising systematic supervision over the administration;

f) evaluating the appropriateness of geographical decentralization with any change and relocation of parts of the administration.

2. He supervises entities performing administrative tasks that are not part of the administration.

1. The Council of State participates in the legislative process of the Grand Council; in particular

a) it generally conducts the preliminary proceedings of legislation;

b) it may independently propose drafts for constitutional revisions and laws.

2. The Council of State enacts the implementing regulations for laws and, where applicable under the reservation of the veto rights of the Grand Council, the regulations whose issuance is entrusted to it based on express delegation; it may delegate this authority for minor or predominantly technical issues to one of its departments.

3. It drafts submissions to the federal authorities; it may delegate this competence under the conditions outlined in paragraph 2.

1. The Council of State ensures the execution of legislation.

2. It undertakes those administrative actions itself that, due to their significance or on the basis of legislation, cannot be assigned or delegated to another authority.

3. It decides on administrative appeals when a law provides for this.

1. The State Council enters into program agreements with the Federation; it may delegate this authority to a directorate through regulatory means and for a specific area. The provisions of the State Financial Budget Act concerning commitment credits are reserved.

2. Program agreements that affect the interests of the municipalities shall be submitted to the municipalities for their comments. The interests of the municipalities are considered affected if they provide services in the respective area.

1. The State Council annually submits a report to the Grand Council for approval regarding its activities and those of the cantonal administration; in this report, it accounts for the status of the legislative program and the general objectives of the administration, as well as the actions it has taken in response to parliamentary initiatives.

2. In the interim, it provides information to the Grand Council on these aspects as often as requested and generally ensures its informed status; the legislation of the Grand Council is applicable.

1. The State Council, in accordance with the legislation on information and access to documents, as well as the provisions of this Act, ensures the public's information regarding its intentions and decisions, as well as significant activities of the cantonal administration.

2. It discloses its important decisions ex officio and provides the documents essential for their understanding; subject to overriding public or private interest.

3. It issues the necessary implementing provisions, which regulate, in particular, the following points

a) the authority to inform and the coordination of information activities;

b) if necessary, the system for the accreditation of media professionals;

c) the means of direct information, particularly with modern communication technologies;

d) the handling of information requests.

1. The State Council shall take the necessary enforcement measures to ensure the right of access to documents of the government and the cantonal administration.

2. The scope and modalities of this right shall be determined by legislation regarding information and access to documents.

1. The members of the Council of State participate in the activities of the college and lead the directorate assigned to them.

2. They give priority to the affairs of the college.

3. They inform the Council of State about the significant affairs of their directorate.

1. The members of the Council of State are elected and sworn in according to the provisions of the Constitution, the Law on the Exercise of Political Rights, and the Grand Council Act.

2. They assume office on the first day of the month following their swearing-in.

3. The current members generally remain in office until their successors take over.

1. Members of the Council of State shall not engage in any activity that is incompatible with the availability and independence required for their office. In particular, they may not

a) pursue an additional gainful occupation;

b) hold a managerial, supervisory, or advisory position in an economically active organization, except in cases where they represent the state or other cantonal interests (Art. 54);

c) be members of the Federal Assembly; except for the completion of the current cantonal term of office.

2. The incompatibilities due to kinship are those provided for members of the judicial authorities; the corresponding provisions shall apply mutatis mutandis.

1. Disclosure of the Connections of the Members of the Council of State to Private or Public Interests is Governed by Legislation on Information and Access to Documents.

1. Members of the State Council are entitled to a credit, the amount of which is determined in the budget, at their disposal to finance personal assistance, particularly the awarding of contracts.

1. The salaries and pensions of the members of the State Council are determined by a separate law.

1. The recusal of the members of the Council of State is determined in accordance with the Administrative Justice Act and also Article 32, paragraph 2 of this Act.

2. For decisions that do not fall within the scope of the Administrative Justice Act, the grounds for recusal are limited to cases where the members of the Council of State, their spouse, registered partner, or another person with whom they have a close relationship by blood, marriage, duty, or dependency, have a direct personal interest in a matter.

1. Subject to the precedence based on the presidency and vice-presidency, the order of precedence of the members of the State Council is determined by the number of years in office. In case of equal duration of service, the oldest member takes precedence.

1. Members of the Council of State are obligated to maintain confidentiality regarding facts they become aware of in the exercise of their office, which by their nature or circumstances, or pursuant to special provisions, are to be kept secret.

2. Members of the Council of State remain bound to official secrecy even after leaving their office.

3. The Council of State may waive official secrecy, particularly if a current or former member must testify before a judicial authority; the provision of information to the Grand Council and its bodies according to the legislation concerning the Grand Council is reserved.

1. The criminal prosecution of a member of the State Council for a crime or misdemeanor committed in office requires authorization by the Grand Council.

2. The authorization request from the competent judicial authority is referred to a non-permanent commission; this commission submits a written report after having heard the person concerned and gathered the information it deems necessary.

3. Following deliberation based on the commission's report, the Grand Council votes in secret. Authorization is granted if it is decided by the majority of the members of the Grand Council.

4. The State Council is immediately informed by the Grand Council about the submission of the authorization request; after the commission's work is concluded, it receives their report for informational purposes.

5. Immunity for statements made before the Grand Council and its bodies is reserved.

1. The civil liability of the members of the Council of State is determined by the Law on the Liability of Public Authorities and their Officials.

2. Furthermore, the members of the Council of State are accountable to the Great Council for their management and for the actions of the persons under their supervision (Art. 109 para. 2 of the Constitution).

1. The chairmanship of the State Council is conducted by one of its members; the Secretariat of the Council is headed by the State Chancellor.

2. The President and the Chancellor work together to ensure the flawless operation of the Council.

3. They are authorized to jointly sign on behalf of the State Council; however, the State Council may authorize the Chancellor to sign certain documents alone.

1. The President is elected annually by the Grand Council in accordance with the constitution and the legislation on the Grand Council.

2. In the event of an extraordinary vacancy, the election is valid only until the end of the current year; if the presidency lasts less than half a year, re-election is not excluded.

1. The President directs the activities of the council, particularly by

a) ensuring the planning and organization of council work;

b) convening meetings and proposing the agenda;

c) chairing meetings and attempting to reach a consensus when necessary;

d) organizing the on-call service pursuant to Article 34 paragraph 2.

2. The President ensures that the State Council performs its duties timely and appropriately.

1. The President shall furthermore have the following duties

a) representing the State Council's affairs before the Grand Council, unless this task is assigned to a specific member;

b) general supervision of the State Chancellery;

c) representing the State Council, unless this task is delegated to another person.

1. Representation is held by a Vice President, who is elected by the Council of State for a term of one year.

2. If necessary, it is performed by the senior member of the Council of State.

1. The State Chancellor directs the secretariat of the State Council; he or she is employed by the State Council.

2. The deputy role is held by a Vice-Chancellor, who is also employed by the State Council.

1. The Secretariat assists the State Council in fulfilling its duties and supports the Presidency in managing the collegial body.

2. It ensures the preparation of the minutes of the Council meetings, observes the adherence to protocol forms, and safeguards the seals used for the authentication of the State Council's documents.

3. It ensures public information about the affairs of the State Council.

4. It guarantees, in collaboration with the Secretariat of the Great Council, the relations between the State Council and the Great Council.

1. Generally, the Council of State deliberates on the basis of written requests.

2. Members of the Council of State, as well as the Chancellor for the affairs of the State Chancellery, are entitled to submit requests. Articles 31 paragraph 2 and 61 paragraph 1 letter a are reserved.

3. The requests must be communicated to the members of the Council of State sufficiently in advance of the Council meeting; urgent cases are excepted.

1. If the significance or nature of the business justifies it, a co-reporting procedure shall be conducted regarding an application.

2. The purpose of the co-reporting procedure is to allow the State Council to concentrate on the fundamental aspects of the business during negotiations.

3. The State Council determines the cases in which a co-reporting procedure is conducted and regulates the procedure in detail; the documents associated with this procedure are not publicly accessible.

1. To prepare negotiations and decisions for certain matters, the Council of State may form permanent or temporary delegations consisting of no more than three of its members.

2. The delegations regularly inform the Council of State about the progress of their work; they may submit proposals to it.

3. The Council of State defines their mandate and regulates the procedure.

1. The State Council makes its decisions following joint consultation; however, it can handle less important matters through a simplified procedure.

2. If a member recuses themselves, they do not participate in the consultation on the relevant matter unless their presence is required for explanations; furthermore, Article 97, paragraph 2 of the Administrative Procedure Act remains reserved.

1. The State Council generally meets once a week; it also convenes if a member requests it.

2. The members of the State Council are obliged to attend all meetings, except when there is an important reason preventing them.

3. The Chancellor attends the meetings in an advisory capacity; the Vice Chancellor also attends the meetings.

3a. The Secretary General of the Grand Council is invited to the meetings of the State Council when necessary to ensure coordination between the State Council and the Grand Council. In the invitations to the meetings of the State Council, the relevant matters are specifically mentioned.

4. The meetings of the State Council are not public; those present are obliged to maintain confidentiality regarding the proceedings, unless the State Council releases them from the duty of secrecy.

1. In urgent cases, a decision may be made by circulation, by telephone, or in a similar manner if it is not possible to hold a meeting; as far as possible, the opinion of all members of the State Council must be obtained.

2. During vacation periods, four members of the State Council must be constantly accessible in order to make a decision in urgent cases; otherwise, paragraph 1 applies.

3. The State Council establishes a special procedure to ensure that its activities can continue in extraordinary situations.

1. The Council of State is only quorate when the majority of its members are present.

2. No matter may be addressed in the absence of the member who is charged with presenting it, unless that member agrees or the matter is urgent.

1. If a motion remains uncontested, it is considered accepted.

1. If a vote is necessary, decisions are made by an absolute majority of the votes of the members present, whereby in any case the votes of at least three members are required.

2. Voting is conducted by a show of hands.

3. Unless there is a reason for abstention, abstaining from voting is not permitted.

4. In the event of a tie, the president has the casting vote.

1. Voting in elections and appointments follows the regular procedure. However, the following special rules apply

a) Upon the request of a member, voting shall be conducted by secret ballot.

b) In the event of a tie, the chairperson of the leading directorate has the casting vote; if no directorate is leading, the decision shall be made by drawing lots.

1. The State Council shall issue supplementary provisions regarding the voting procedure if necessary; in the absence of such rules, the provisions of the legislation concerning the Grand Council shall apply accordingly, particularly those regarding the order of voting.

1. A resolution may only be rescinded as long as it has not yet begun to produce effects; in particular, decisions within the meaning of the Administrative Procedure Act can only be rescinded if they have not yet been communicated to the recipients.

2. The motion to rescind a resolution must be supported by at least four members.

1. The resolutions and a summary of the proceedings of the Council of State shall be recorded in a protocol.

2. A member of the Council of State who does not agree with a resolution has the right to have their dissenting opinion entered into the protocol, provided they justified it during the deliberation.

3. The meeting protocol is not publicly accessible; the Council of State regulates the communication of its resolutions.

1. Decisions are made by the Council of State as a collective body.

2. The members of the Council of State must support the decisions of the collective body; if a member disagrees with a decision, they must at least refrain from challenging it.

1. The cantonal administration consists of seven directorates; it also includes the State Chancellery.

2. The directorates comprise administrative units that are subordinate to them or administratively assigned to them.

3. The assignment of tasks to commissions, as well as to persons or institutions that do not belong to the administration, is reserved.

1. The cantonal administration must be organized in a rational, efficient, and transparent manner.

2. The number of administrative units must be kept as small as possible.

3. The administrative organization shall be adjusted whenever circumstances justify it.

1. Within the scope of their responsibilities, the directorates prepare the matters to be dealt with by the Council of State and ensure the execution of its decisions.

2. They handle the matters that fall within their jurisdiction based on legislation or that are assigned to them by the Council of State for consideration.

3. They supervise the administrative units that are subordinate to them or are administratively assigned to them, in accordance with Articles 60 and 61.

4. They ensure the public is informed about matters concerning them.

1. Jurisdiction and designation of the directorates are determined by the State Council through regulations.

2. The division of jurisdictional areas takes the following criteria into account

a) Coherence of tasks and manageability;

b) Substantive and political balance among the directorates;

c) Relations with other cantons and the federation.

1. The State Council allocates the departments to its members at the beginning of each legislative period and whenever circumstances justify it, particularly following replacement elections.

2. For each department, it designates from among its members a deputy for the head of the department.

3. In the allocation process, the State Council takes into account, as far as possible, the wishes of its members; however, the members are obliged to accept the department and the deputation assigned to them.

1. After an election, the members of the newly constituted Council of State shall convene immediately to organize the allocation of the directorates and the deputy positions. They shall be supported by the State Chancellery in this task.

2. If the allocation follows a general election, the meeting shall be chaired by the incumbent Vice President, provided they have been re-elected. Otherwise, the senior member in terms of service shall preside; if necessary, Article 16 concerning the order of precedence shall apply.

3. If the allocation follows a by-election, the conduct of the meeting shall be governed by the ordinary regulations (Art. 22 and 24).

4. The allocation of the directorates and deputy positions shall be formally decided upon once the newly constituted Council of State has assumed office. However, it may be communicated to the public as soon as it is known.

**1. The State Chancellery is the executive office of the State Council; it manages the latter's secretariat in accordance with Article 26.**

**2. Additional powers may be conferred upon the Chancellery by regulation pursuant to Article 46, paragraph 1.**

**3. With the exception of Article 50, the provisions regarding the organization and management of the directorates apply mutatis mutandis to the State Chancellery; the Chancellor exercises the same authority over the Chancellery as the head of a directorate does over their respective directorate.**

1. Administrative units fulfill the tasks assigned to them by legislation or delegated to them; they also participate in fulfilling the tasks of the directorate to which they belong.

2. They are subordinate to their directorate unless special legislation expressly provides for an administrative assignment.

1. Each directorate has a general secretariat headed by a secretary-general.

2. The general secretariats perform support functions in the management and administration of the directorates; they may also be assigned or delegated other tasks, particularly in the areas of logistical support and representation.

1. The administrative units that perform the function of central services are at the disposal of the Council of State and all its directorates.

2. In carrying out tasks that they perform for the entire administration, these units are solely subject to the directive authority of the Council of State; the opinions they submit to it are presented by the directorate to which they belong, which may express its own viewpoint in the process. Otherwise, they are subject to their directorate.

3. The Council of State designates the relevant administrative units. It determines their duties and regulates their relationships with other units, taking into account the specific characteristics of institutions with their own legal personality.

1. State institutions with independent legal personality are established by a law; they are administratively assigned to the directorate to which they belong.

2. Subject to special legislation, the organizational and management rules of this law and its implementing provisions also apply to institutions with independent legal personality.

1. Commissions are established through special legislation or by a decree of the State Council; unless otherwise specified by law, they are administratively assigned to the directorate to which they belong.

2. The tasks of the commissions are defined in the decree or resolution by which they are established; decision-making powers must be expressly provided for in the legislation.

3. The State Council issues general provisions regarding the commissions; it may subject the members of the commissions to official secrecy.

4. The term of office for commission members is determined by the law concerning the duration of public ancillary offices.

1. The state shall be represented in public or private external institutions if the special legislation provides for this or if the State Council decides so in individual cases.

2. The representatives of the state shall inform the State Council in an appropriate manner about the exercise of their mandate.

3. Paragraphs 1 and 2 shall also apply to cases where members of the State Council represent other cantonal interests as defined in Article 12, Paragraph 1, Letter b.

4. The State Chancellery shall maintain a register of representations based on information from the individual directorates.

1. The directorates and administrative units act in a suitable and efficient manner; they observe the principles of public interest, legality, equality, proportionality, good faith, and the prohibition of arbitrariness.

2. They are managed in such a way that they achieve their objectives and optimize the use of their resources for this purpose; furthermore, they align their services with the expectations of the recipients.

1. The directorates and administrative units shall prepare a catalogue of services and are responsible for its maintenance.

2. The catalogues of services shall be periodically submitted to the State Council for review.

3. The State Council determines the content, form, and procedures for the preparation and maintenance of the catalogue of services. It shall propose changes to the relevant legal provisions to the Grand Council if necessary.

1. Based on the general objectives and priorities established by the Council of State and the directorates, the heads of administrative units lead with objectives by

a) periodically determining the objectives and priorities;

b) planning the activities of their unit;

c) regularly evaluating the activities of their unit and comparing the results with the objectives;

d) drawing conclusions from their evaluations and implementing the necessary improvements.

1. The heads of the administrative units also perform the other leadership tasks within their unit; in particular

a) they ensure a rational distribution of tasks and responsibilities;

b) they ensure information and coordination within their unit;

c) they facilitate cooperation with other units and maintain external relations;

d) they periodically review the organization of their unit to adapt it to the development of needs.

2. Financial administration and personnel management are governed by the relevant laws.

1. The members of the State Council, with the support of their General Secretariat, perform the leadership tasks analogously assigned to the heads of administrative units by Articles 56 and 57.

1. Directorates and administrative units may operate information and documentation systems that facilitate the smooth running of their business processes and the management of correspondence and other documents.

2. These systems may contain personal data, including particularly sensitive personal data, for the purpose of

a) Handling matters that fall within the jurisdiction of the concerned body;

b) Organizing the workflow;

c) Determining whether data is being processed relating to a specific individual;

d) Facilitating access to documentation.

3. The Council of State shall issue implementing provisions regarding the operation of the central business management system of the state.

1. The State Council may grant or, if necessary, require individual administrative units to implement performance-oriented management in accordance with the provisions of this law and the state financial budget legislation. It shall first obtain the opinion of the Finance and Audit Commission.

2. Performance-oriented management may extend over one or more years. It can be associated with a performance mandate.

3. The State Council shall establish the prerequisites that units with performance-oriented management must meet and regulate the modalities of granting approval.

4. The State Council may delegate decision-making powers to units with performance-oriented management within the limits of the law; this applies specifically to the areas of organization, financial management, personnel management, and the procurement of goods and services.

1. The State Council may issue or impose a performance mandate on individual administrative units.

2. The performance mandate specifies, for a certain period, the services to be provided by the administrative unit, the granted credits, and the objectives to be achieved.

3. In particular

a) it defines the mandate of the administrative unit;

b) it describes the services and service groups to be provided by the administrative unit;

c) it formulates the target objectives;

d) it designates the performance indicators;

e) it specifies the resources required for the fulfillment of the performance mandate. The budgetary powers of the Grand Council remain reserved.

1. The mandate is decided by the State Council upon the request of the directorate to which the relevant administrative unit is subordinate, and based on the opinion of the directorate responsible for finances.

1. The performance mandate is binding for the State Council and the administrative unit.

2. However, it can be amended at the instigation of either party if extraordinary circumstances, particularly the state's financial situation, necessitate it. The procedure is the same as for the resolution of the performance mandate.

1. The directorates have a general right to issue instructions to the units subordinate to them and the right to intervene in specific matters.

2. They exercise comprehensive oversight over these units, which extends to both task fulfillment and business management.

3. In their relations with the subordinate units, they take into account the special legal provisions that grant these units autonomy in business management or decision-making powers; furthermore, Article 51, Paragraph 2 remains reserved.

1. The administrative units that are assigned to a directorate administratively are independent of it, subject to the following provisions

a) The matters they present to the State Council are submitted by the directorate, which may, however, present its own standpoint.

b) Their management is subject to the supervision of the directorate.

2. Special legislation remains reserved; this specifically regulates exclusively the supervision of institutions with their own legal personality.

1. The directorates and administrative units shall cooperate in the fulfillment of their tasks.

2. They shall provide each other, ex officio or upon request, with the information necessary for the performance of their duties.

3. No information shall be provided if a prevailing public or private interest opposes it; specifically reserved are the rules concerning the disclosure of personal data and special confidentiality obligations.

1. The directorates and administrative units ensure the coordination of their activities.

2. Before making a decision or submitting a proposal to a higher authority, they obtain the opinions and approvals mandated by legislation and request the cooperation of the other involved directorates and units; the joint reporting procedure also remains reserved.

3. If a matter concerns multiple directorates, the Council of State designates the principal responsible directorate.

1. To ensure the planning, management, and execution of specific projects, working groups and other appropriate committees or bodies may be established within the administration; external experts may be included, and the relevant external parties may be represented.

2. The State Council ensures that significant projects are organized in an appropriate manner and have the necessary material and personnel resources; these projects must be submitted to the interested parties for consultation.

1. If the responsibilities are not assigned by law to the Council of State, the directorates, and the administrative units, the Council of State generally determines this assignment by regulation.

2. It takes into account the material and political significance of the responsibilities.

3. When directorates and administrative units act based on this assignment, they do so in their own name.

1. The State Council may delegate the authority to act on its behalf

a) if the law authorizes it to do so;

b) or if the competencies are neither established in a law nor in a regulation.

2. The directorates may delegate the authority to act on their behalf to the administrative units subordinate to them.

1. The State Council issues general rules regarding the granting of signing authority within the administrative units.

1. The assignment and delegation of financial competencies as well as the granting of signing authority in financial matters are governed by the legislation on the state’s financial budget.

2. The delegation of legislative powers is governed exclusively by Article 5, paragraph 2.

1. Jurisdictional Conflicts Within the Cantonal Administration shall be resolved in every instance according to the rules of the Administrative Justice Act.

1. The State Council issues supplementary general rules regarding the organization and management of the administration.

2. It ensures that these provisions and those concerning personnel management are coordinated with each other.

**1. The State Council determines the administrative organization within the framework of this law and special legislation by:**

a) creating or abolishing the administrative units, with the exception of institutions with their own legal personality;

b) establishing the organization of the individual departments and the state chancellery by decree;

c) setting up, as an annex to this decree, the organizational chart of the departments and the state chancellery, which must meet the criteria of clarity, transparency, and information.

**2. The departments determine the organization of the administrative units under their supervision according to general rules established by the State Council.**

**3. The administratively assigned units independently regulate their organization, insofar as it is not determined by special legislation or by the State Council.**

1. The State Council establishes specialized agencies or bodies for the implementation of organizational and management rules, particularly in the following areas

a) Preparation and regular updating of implementation regulations;

b) Support and advisory services;

c) Collaboration and coordination;

d) Administrative control and management review.

1. The Law of May 8, 1848, on the Organization of the Council of State and its Directorates (SGF 122.0.1) is hereby repealed.

1. The Law of May 15, 1979, on the Regulation of the Grand Council (SGF 121.1) is amended as follows

...

1. The remaining amendments to the cantonal legislation required by this law shall be made through an adaptation law and an adaptation resolution.

1. The implementation provisions must be enacted within three years of the entry into force of this law; within the same period, the specialized offices and committees must be established.

1. If special legislation assigns powers to a "department", these shall be exercised by the directorate to which the department belonged, until the relevant legislation is amended.

2. However, the Building Department and the Roads and Bridges Department shall exercise the powers assigned to them independently.

1. Until the expiration of the validity period of the Decree of February 8, 2000, concerning the experimental introduction of performance-based management in the cantonal administration, the issuance of performance mandates to administrative units is governed by this Decree and the special legislation.

1. The State Council is entrusted with the execution of this law. It shall determine the date of commencement.