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122.0.17 SRSVVOGSCE CH-FR

Ordinance on the Management of State Council Meetings (OGSCE) - Principles (SRSVV)

41 Articles / Provisions · Switzerland · Canton of Fribourg
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Table of Provisions (41)

Art. 1 SRSVV - Principles Art. 2 SRSVV - Regular Meetings Art. 3 SRSVV - Reserve Sessions Art. 4 SRSVV - Meetings for State Finances Art. 5 SRSVV - Retreat Days Art. 6 SRSVV - Principles Art. 7 SRSVV - Permanent Delegations Art. 8 SRSVV - Temporary Delegations Art. 9 SRSVV - Electronic Business Administration - Principles Art. 10 SRSVV Art. 11 SRSVV - Convocation Art. 12 SRSVV - Applications Art. 12a SRSVV - Type of Transaction Handling Art. 13 SRSVV - Agenda and Documentation Art. 14 SRSVV - Special Cases Art. 15 SRSVV - Prior Approval of Certain Transactions Art. 16 SRSVV - Urgent Matters Art. 18 SRSVV - Discussion Art. 19 SRSVV - Decisions and Votes (Art. 36-38 SVOG) Art. 20 SRSVV - Form of Decisions Art. 21 SRSVV Art. 22 SRSVV Art. 23 SRSVV - Confidentiality of Information (Art. 33 para. 4 SVOG) Art. 24 SRSVV - Notification of Decisions Art. 25 SRSVV - Public Information (Art. 8 et seq. SVOG) - In General Art. 27 SRSVV - Storage and Archiving Art. 28 SRSVV - Beadles and Deputy Beadles Art. 29 SRSVV - Agenda Art. 29a SRSVV - Chapter "Special Dossiers" Art. 30 SRSVV Art. 31 SRSVV - Chapter "Agenda" - Invitations to the Government Art. 32 SRSVV - Chapter "Affairs of the Grand Council" Art. 33 SRSVV Art. 34 SRSVV - Chapter "Reports of the Financial Inspectorate" Art. 36 SRSVV Art. 37 SRSVV - Chapter "Other Matters" - Matters Presented for Discussion Art. 38 SRSVV - Chapter "Other Business" - Transactions Submitted for Information Art. 39 SRSVV - Chapter "Information" Art. 40 SRSVV - Chapter "Urgent Business" Art. 41 SRSVV - Repeal of Existing Law Art. 42 SRSVV - Commencement

Statutory Text (41 Articles)

Types of Sessions (Art. 33 et seq. SVOG)

1. The Council of State usually holds its meetings on Tuesdays. During the sessions of the Grand Council, the meeting takes place on Monday. In special circumstances, the meeting may be rescheduled to another day.

2. The Council of State also plans reserve meetings, meetings for state finances, and retreats.

3. The meeting schedule is adopted by the Council of State and updated by the State Chancellery.

4. The Council of State also convenes for an extraordinary meeting if a member requests it. The procedure for special situations (Art. 34 SVOG) is also reserved.

Types of Sessions (Art. 33 et seq. SVOG)

1. Regular sessions generally take place from 8:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 3:00 p.m. However

a) The President may, if necessary, move the start of the session forward by half an hour or an entire hour.

b) The members of the Council of State do not schedule any other appointments or meetings before 4:00 p.m. to accommodate any potential overruns of the session.

2. Sessions are primarily held as in-person meetings at the State Chancellery, and members of the Council of State usually have lunch together at their own expense; the following provisions are exceptions

a) Sessions may exceptionally take place off-site, generally without external participants.

b) If necessary, sessions may be held via videoconference or, in exceptional cases, in a hybrid format.

3. During these sessions, presentations may be conducted. They must be planned in collaboration with the State Chancellery and require prior approval from the Council of State. However, regular business takes precedence.

Types of Sessions (Art. 33 et seq. SVOG)

1. Reserve meetings are used for the presentation and discussion of special matters, if necessary, in the presence of external parties.

2. After a matter has been presented in a reserve meeting, it is registered again by the relevant directorate for an ordinary meeting, where it will be discussed and decided upon.

3. ...

4. The directorates propose the matters they wish to address in the reserve meetings during the ordinary meetings.

Types of Sessions (Art. 33 et seq. SVOG)

1. During the meetings on state finances, the State Treasurer and, if necessary, other individuals from the finance administration and/or the Office for Personnel and Organization shall be present.

Types of Sessions (Art. 33 et seq. SVOG)

1. The State Council reserves at least three meeting days for specific topics (winter, summer, and autumn retreat sessions). The agenda items for these meeting days are adopted in the regular sessions.

2. These meeting days may be combined with an entertainment segment.

Preparation of Meetings - Delegations (Art. 31 SVOG)

1. The State Council appoints the president and the members of the delegations, who are assigned either permanently or temporarily to examine and pursue matters of particular importance and to submit proposals to the Council. These delegations may include up to three of its members.

2. The delegations regularly inform the State Council about the progress of their work either by submitting records or by providing oral or written reports during the meetings.

3. The secretariat is managed by the directorate of the delegation president. It ensures the continuous information flow to the other members of the State Council.

4. A record is kept of the agreed positions, where applicable, with a brief justification.

Preparation of Meetings - Delegations (Art. 31 SVOG)

1. Permanent delegations are formed during the reconstitution session of the State Council.

2. Permanent delegations are

a) the delegation for Economic and Financial Affairs;

b) ...

c) the delegation for Human Resources;

d) the delegation for Health Affairs;

e) the delegation for Agglomerations and Territorial Structures;

f) the delegation for Digitalization and Information Systems.

Preparation of Meetings - Delegations (Art. 31 Swiss Government and Administration Organization Act)

1. The State Council may establish temporary delegations to address complex issues that involve multiple directorates or sensitive political matters.

2. The formation of a temporary delegation must be recorded in a resolution that specifies the composition, the presidency, the objectives, the responsibilities, and the duration of the delegation.

Preparation of Meetings - Proposals and Documentation (Art. 22 and 29 et seq. SVOG)

1. A software for electronic business management of meetings is used for the transactions of the State Council.

2. Directly managed in this electronic application are

a) the registration of transactions by the directorates and the associated requests and documentation;

b) the creation of the agendas for the meetings;

c) the provision of the agenda and the corresponding documents.

3. The requests and documentation are linked to the transactions addressed and remain available in the application.

Preparation of Meetings - Motions and Documentation (Art. 22 and 29 et seq. SVOG)

1. With the support of the Office for Informatics and Telecommunications, the State Chancellery is responsible for everything related to the electronic business administration of the State Council.

2. For these transactions, the State Chancellery establishes the provisions for the use of the application, particularly regarding access rights, authentication and logging procedures, as well as the storage and preservation of data.

Preparation of Meetings - Motions and Documentation (Art. 22 and 29 ff. SVOG)

1. The provision of the agenda list in the electronic business administration is considered as a convocation.

Preparation of Meetings - Motions and Documentation (Art. 22 and 29 et seq. SVOG)

1. No matter shall be submitted to the State Council unless the responsible member of the State Council has approved the request and the accompanying documentation beforehand.

2. If a matter involves multiple departments, the responsible department must obtain the opinion of the other concerned departments before presenting the matter to the State Council.

3. If necessary, the departments shall specify in their requests the nature of the handling of the desired matter.

Preparation of Meetings - Motions and Documentation (Art. 22 and 29 et seq. SVOG)

1. The matters shall be submitted to the Council of State in order for it to

a) approve them with or without amendments if they fall within its competence;

b) authorize or validate them if the administrative competence essentially lies with the directorate that requests them;

c) acknowledge them with or without notes and thereby officially recognize their existence, while the responsibility for their content remains solely with the directorate that submits them.

Preparation of Meetings - Motions and Documentation (Art. 22 and 29 ff. SVOG)

1. Any business that is to be addressed at a meeting must be registered by no later than 11 a.m. on the Thursday before the meeting; by that time, all related documentation must also be submitted.

2. As a rule, the agenda and all documents will be available in the electronic application by no later than 3 p.m. on the same day.

3. If the meeting is held on a Monday, the deadlines are moved forward by one day.

4. In the event of changes to deadlines, the State Chancellery will inform the departments one week in advance. The provisions of Article 16 concerning urgent business remain reserved.

Preparation of Meetings - Motions and Documentation (Art. 22 and 29 ff. SVOG)

1. Drafts of responses to federal consultations are generally submitted to the State Council 14 days before the end of the consultation; justified exceptions are reserved. The drafts are accompanied by the documents provided by the body responsible for the consultation, or the link to the internet address where these documents can be accessed is provided.

2. ...

3. Documents relating to confidential or secret matters must be made accessible in a secure manner.

4. The presentation of items from the chapters "Agenda" (Art. 30 et seq.) and "Information" (Art. 39) is reserved.

Preparation of Meetings - Motions and Documentation (Art. 22 and 29 ff. SVOG)

1. Draft laws and decrees, along with their accompanying messages, and draft ordinances (possibly together with the explanatory report published on the internet) must be made available to the State Chancellery in both official languages at least ten days before the date scheduled for inclusion on the agenda (Art. 14 AER).

2. Draft laws, decrees, and ordinances, as well as draft resolutions, contracts, and agreements with financial implications, must be submitted to the Financial Administration at least ten days before the date scheduled for inclusion on the agenda (Art. 5 SubR and Art. 18 para. 3 and 40 FHR).

Preparation of Meetings - Motions and Documentation (Art. 22 and 29 et seq. SVOG)

1. The directorates may announce their urgent matters by 11 a.m. on Monday (or by 11 a.m. on Friday if the meeting is held on Monday); they must include the relevant documentation and justify the urgency.

2. On the same day, no later than 1 p.m., the documents and the complete agenda are made available in the electronic meeting management system.

3. The presidency or, with delegated authority, the state chancellery may reject the inclusion of such matters as urgent and place the matter on the agenda of the next meeting.

Procedure of the Meetings (Art. 15-17, 22, 25 et seq., 29, 32 and 35 et seq. SVOG)

1. The matters submitted for decision are only discussed if a member of the council requests it. In such cases, the presiding officer generally opens the discussion directly, without initially giving the floor to the member of the council who placed the matter on the agenda.

2. If multiple members request to speak, the floor is granted in the order recorded in the minutes; the presiding officer generally announces their opinion at the end.

3. The council members speak when given the floor by the presiding officer. They speak from their seat, remain seated, and generally address the council.

4. When addressing or referring to another council member, they use the third person and the title: "Madam President" or "Mr. President", "Madam Director of ..." or "Mr. Director of ...". First names and surnames are not mentioned.

5. The council members follow the discussion attentively; one-on-one conversations do not belong in the council, and communication to the outside, particularly via email and SMS, is restricted to the absolutely necessary.

Conduct of Sessions (Art. 15-17, 22, 25 et seq., 29, 32 and 35 et seq. SVOG)

1. Decisions shall be made unanimously wherever possible. When there are no further requests to speak, the Chairperson shall close the discussion and announce the decision.

2. If the discussion yields no consensus, the decision may be postponed for the purpose of document completion or made by vote.

3. Voting shall be conducted by a show of hands (Art. 37 para. 2 SVOG). Every member of the Council of State must cast a vote unless they recuse themselves; abstention from voting is not permitted (Art. 37 para. 3 SVOG).

4. No outsiders are present during the voting process.

4a. Cases of recusal are regulated pursuant to Article 15 SVOG.

5. In votes concerning the appointment or employment of individuals, a member of the Council of State may request a secret ballot (Art. 38 para. 1 letter a SVOG).

6. In the event of a tie vote, the Chairperson has the casting vote (Art. 37 para. 4 SVOG). In the event of a tie vote for appointments or employment, the head of the leading directorate has the casting vote; if no directorate is leading, the decision is determined by lot (Art. 38 para. 1 letter b SVOG).

7. The exact voting result shall remain confidential.

Conduct of Sessions (Art. 15-17, 22, 25 et seq., 29, 32, and 35 et seq. SVOG)

1. Decisions generally take the form of a note in the minutes.

2. A decision takes the form of an official resolution when required by legislation or circumstances, particularly when it is to be communicated to persons outside the administration; the draft resolution is usually prepared by the lead directorate and attached to the documentation for the meeting.

3. The State Chancellor alone certifies the resolutions and other decisions made in the meeting (Art. 20 para. 3 SVOG).

Conduct of Sessions (Art. 15-17, 22, 25 et seq., 29, 32 and 35 et seq. SVOG)

1. The minutes shall be kept by the Vice Chancellor.

2. They shall be prepared based on the agenda and the resolutions drafted by the directorates, and may refer, if necessary, to the preparatory documents and to changes noted during the meeting by the respective member of the Council of State. They may also reflect elements of the discussion that contribute to the understanding of the decision.

3. A member of the Council of State who does not agree with a resolution has the right to have their dissenting opinion recorded in the minutes, provided that it was reasoned during the deliberation (Art. 41 para. 2 SVOG).

4. There are two versions of the minutes: one including the voting results and one without them.

5. Typically, the minutes are approved by the Council of State at the subsequent meeting.

Conduct of Meetings (Art. 15-17, 22, 25 et seq., 29, 32, and 35 et seq. SVOG)

1. The copy of the minutes with the voting records is kept exclusively at the State Chancellery.

2. The copy without voting results is forwarded to the individuals designated in each directorate for the internal distribution of the excerpts.

3. In the information system application, the minutes' excerpts (without mention of the votes) are stored in the processed matters. The directorates can access them as soon as the minutes are finalized.

Conduct of Sessions (Art. 15-17, 22, 25 et seq., 29, 32 and 35 et seq. SVOG)

1. The agenda, documents, and minutes remain with the staff of the directorates and the persons directly affected by the business; the regulations concerning public information and access to documents remain reserved.

2. The term "directorate staff" refers to the Secretary General or the Deputy Secretary General, the directorate assistant or the person deputizing for him or her, legal, economic, and scientific advisors, communications officers, as well as any other close collaborators of the State Councillor.

3. This approach allows certain targeted information to be communicated, by decision of a directorate, to other employees who are particularly affected by a business.

4. Persons participating in the State Council meetings only communicate externally what is official. In the feedback of information to the directorates, anything that is not part of the decisions (opinions, discussions, events, votes, etc.) is neither reported nor mentioned.

Conduct of Meetings (Art. 15-17, 22, 25 et seq., 29, 32, and 35 et seq. SVOG)

1. Unless otherwise decided by the Council of State, the State Chancellery is responsible for the communication of decisions and correspondence of the Council of State and the Presidency.

Conduct of Sessions (Art. 15-17, 22, 25 et seq., 29, 32, and 35 et seq. SVOG)

1. The relevant legislation applies to the information of the public and access to official documents.

2. The disclosure of files from the transactions of the State Council bears its letterhead.

3. ...

Procedure of the Meetings (Art. 15-17, 22, 25 et seq., 29, 32 and 35 et seq. SVOG)

1. The directorates are responsible for the retention and archiving of the matters and documents addressed in the sessions of the Council of State.

2. The State Chancellery is responsible for the retention and archiving of the agendas, the minutes of the sessions, the decisions, as well as the correspondence of the presidency.

3. The retention and archiving are carried out in accordance with the legislation on archiving.

Conduct of Sessions (Art. 15-17, 22, 25 et seq., 29, 32 and 35 et seq. SVOG)

1. The female ushers and ushers assist the State Council with logistical matters during the sessions.

2. They are sworn in by the State Council at the commencement of their duties.

Structure of the Agenda Items

1. The agenda contains the following sections

- Special Dossiers

1. Agenda

2. Matters of the Grand Council

3. Ongoing Matters

3.1. Matters requiring tacit approval

3.2. Reports of the Financial Inspectorate

3.3. Other Matters

4. Information

5. Urgent Matters

6. Approval of the Minutes.

2. The wording of the matters on the agenda is governed by an internal directive of the State Chancellery.

Structure of the Agenda Items

1. The chapter "Special Dossiers" contains matters that are of particularly important, sensitive, and recurring nature in light of current events in the canton, in Switzerland, or worldwide.

Structure of the Agenda Items

1. The chapter "Agenda" specifically regulates the invitations and representations, as well as the preparation of government events.

2. The presidency and the chancery can decide to include additional matters therein.

Structure of the Agenda Items

1. Invitations to the government are placed on the agenda by the Chancellery; members of the State Council inform the Chancellery of any invitations they have received directly, unless they concern matters solely related to their directorate.

2. Typically, the State Council is represented at events to which it has been invited by the member whose area of responsibility is related to the event; proposals for representation are made by the Chancellery in accordance with the State Council's protocol regulations.

3. The State Chancellery responds to invitations according to the decisions made during the meeting.

Structure of the Agenda Items

1. In the chapter "Affairs of the Great Council," one finds drafts of laws and decrees, responses to parliamentary motions, correspondence with the Great Council, and all other affairs that have a connection to it.

Structure of the Agenda Items

1. The directorates record less important matters, for which the Council of State is responsible, and supplementary credit requests under the chapter "Matters for Tacit Approval."

2. As a general rule, the matters in this chapter are tacitly approved.

Structure of the Agenda Items

1. The State Chancellery records in the chapter "Reports of the Financial Inspectorate" the reports that are transmitted to it by the Financial Inspectorate.

2. The State Council acknowledges them. The directorate to which the relevant unit is subordinated is entrusted with ensuring that the recommendations of the Financial Inspectorate are implemented.

Structure of the Agenda Items

1. Matters for decision are presented in the form of a memorandum; it includes

a) the decision disposition, which serves as the basis for the minutes;

b) a summary of the issue, containing a presentation of the problem and its context, as well as a description of the chosen solution;

c) if necessary, a mention of which bodies and authorities were consulted and how urgently a decision needs to be made.

2. The memorandum should not exceed two A4 pages in length. The summary and the description of the solution are optional if the main dossier is no longer than three A4 pages.

3. For matters requiring notification, a draft for a press release or for the announcement of a press conference is added; the date of the press conference must be coordinated with the State Chancellery's information office.

Structure of the Agenda Items

1. The matters submitted for discussion must enable the Council of State to express themselves on how to further process a dossier and which solutions are feasible. An explanatory note is provided, presenting variations and questions, and it may also include the solution proposed by the Directorate.

2. If the Directorate wishes to involve specialists in the discussion, it must first obtain authorization from the Council of State.

3. This type of business may also be addressed in special sessions.

Structure of the Agenda Items

1. Transactions Submitted for Information: These involve matters of certain importance that warrant explanations. Typically, an explanatory note or documentation accompanies them.

Structure of the Agenda Items

1. The chapter "Information" is reserved for the exchange of information. The discussion is only briefly opened for clarification questions. The exchange of information on external relations, delegation information, various information, and the folder are among the agenda items of this chapter.

2. As a general rule, the protocol does not specify details of the matters dealt with under this chapter.

3. In the exchange of information on external relations, information on inter-cantonal conferences is specifically shared. They are not announced in advance or only at the beginning of the meeting and generally do not form the subject of documentation.

4. The information from the delegations allows for the provision of information on ongoing matters or the content of meetings of the Council of State delegations. They are not announced in advance or only at the beginning of the meeting and are generally not the subject of documentation.

5. The various information serves to communicate information of lesser importance, which generally is not the subject of documentation. They are not announced in advance or only at the beginning of the meeting.

6. The folder is a compilation of documentation on general information that does not merit being placed on the agenda as separate items. This can specifically include statistics, congratulatory cards, the organization of state vehicles, the rolling plan of media conferences, letters of appreciation, or copies of important or politically sensitive letters to the Council of State.

Structure of the Agenda Items

1. The chapter "Urgent Matters" is reserved for those matters that have been included in the agenda pursuant to Article 16.

2. The presentation of these matters is subject to the requirements of Articles 35 et seq.

Final Provisions

1. The following are repealed

a) the resolution of January 24, 1967, concerning the drafting and issuance of the resolutions of the Council of State (SGF 122.0.17);

b) the guidelines of November 30, 2006, and March 11, 2008, concerning the conduct of Council of State meetings.

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