Regulations on the Organisation and Operation of State Commissions (ROFC) - Subject Matter (KOMR)

1. This regulation establishes the general rules concerning the state commissions, in particular those regarding their organization and their functioning.

2. The term of office and the remuneration of the commission members are governed by special legislation.

1. This regulation applies to committees established by a legislative enactment (standing committees) or by an ordinance (ad hoc committees).

2. A committee is a body established to perform public duties for the state and is composed at least in part of members who exercise their function on a part-time basis; the specific designation of this body is not decisive.

3. Committees established under federal law are subject to this regulation insofar as their composition, organization, or working methods fall within the jurisdiction of the authorities of Fribourg.

1. The following are not subject to these regulations

a) the parliamentary committees;

b) the judicial committees;

c) the committees that are bodies of institutions with their own legal personality;

d) the committees that are based on an inter-cantonal decree;

e) the examination committees.

1. The provisions of this regulation apply insofar as the special legislation does not contain any differing rules.

1. The commission members are selected primarily based on their competence and availability.

2. The appointing authority ensures a balanced participation as much as possible

a) of women and men;

b) of different opinions, languages, regions, and age groups.

3. If the proportion of women or men is less than 30 percent, the responsible directorate provides a written justification for this.

1. Members shall immediately inform the appointing authority and the Commission presidency if the conditions which were decisive for their appointment have changed substantially.

2. The appointing authority may allow a person to remain in office until their succession is settled, but no longer than one year.

3. It may remove a person from office who harms the work or reputation of the Commission. Except in serious cases, such a decision must be preceded by a warning.

4. A member who no longer belongs to the represented group must resign from their position. However, if such belonging is not legally required, the respective group may request the appointing authority to allow the member to continue their duties.

1. The State Chancellery maintains a register of the commissions and their members.

2. For this purpose, it operates a database containing the following information

a) Names, first names, gender, mother tongue, date of birth, professional role, and address of the members;

b) The date on which they were appointed and the date on which their mandate expires;

c) Where applicable, the capacity in which they belong to the commission and the function they perform therein;

d) Information about the secretariat.

3. This information may be shared with the relevant directorates and departments; it may also be accessed online by these authorities.

4. The State Chancellery publishes a simplified version of the register of the commissions and their members; this version is also accessible on the internet.

1. In the absence of any contrary statutory provision, the commission shall be administratively assigned to the directorate to which it belongs.

2. The assignment must be indicated in the correspondence, unless the commission exercises its powers independently under the law.

1. The Directorate may assign the secretariat to an external person, particularly when the independence of a commission must be ensured or when a person with special competencies is required.

2. The secretariat is responsible for tasks including the dispatch of correspondence, the preparation of meeting documents, the keeping of minutes, the creation of compensation records, and the fulfillment of tasks assigned to it by the commission or by the president. It ensures, in collaboration with the Directorate, the preservation and archiving of dossiers.

1. The President ensures that the Commission performs its tasks in a timely and appropriate manner. They exercise oversight over the functioning of the Secretariat.

2. The President, together with the Secretariat, has in particular the following powers

a) They plan and organize the work.

b) They convene meetings, propose the agenda, and conduct the deliberations.

c) They handle current business.

d) They represent the Commission.

3. In urgent cases, the President takes the necessary measures and decisions; they report on them to the Commission. Anyone affected by such a decision may request a Commission resolution within ten days.

1. The Commission may establish subcommittees to examine specific issues. An express authorization by special legislation is required for the delegation of decision-making powers.

2. The Commission may establish an office to conduct a preliminary review of the matters under consideration, submit proposals, and handle matters that are of minor importance or urgent. In the latter case, Article 10 paragraph 3 applies mutatis mutandis.

3. It may entrust the President, a member, a committee, or the Secretariat with the instruction of matters.

1. If the information for the management is not ensured in any other way, the commission shall submit an annual report to the management at the end of each calendar year. If necessary, it supplements this with explanations on the situation in its area of activity.

2. It shall promptly inform the management of facts and decisions that are significant for the exercise of its powers.

1. If the management of the budget is not assumed by the Directorate, the Commission shall carry it out in accordance with the regulations applicable to administrative units, particularly concerning the budget proposal and accounting.

2. The Financial Directorate, in collaboration with the responsible Directorate, ensures that the appropriate instruments are used.

1. The Chairperson shall convene the commission as often as the handling of business requires.

2. The commission shall also be convened

a) at the request of one quarter of the members,

b) or at the request of the management, unless it concerns a commission that exercises its powers independently.

3. The meetings shall be planned over a given period as far as possible.

1. The notice of convening shall be sent at least ten days before the meeting date. Urgent cases are excepted.

2. The notice of convening specifies the date, time, place, and agenda of the meeting, as well as the anticipated duration of the meeting, if applicable. The required documents shall be attached to the notice or made available in accordance with the instructions in the notice.

1. Each member shall attend the meetings to which they have been duly invited, unless there is an important reason preventing attendance or a dispensation from the president.

2. Should a member be unable to attend a meeting, even partially, they must immediately inform the president of their inability to attend.

3. A member may be requested not to leave the meeting if the committee would otherwise be unable to proceed, unless they have provided early notice of their inability to attend to the president.

1. A member shall not be present during the deliberation on a matter if they themselves, or a person with whom they have a close relationship by blood, marriage, obligation, or dependency, has a particular interest in the matter. This provision shall not apply if the member belongs to the commission to represent this interest.

2. If the commission must make a decision that falls under the Administrative Procedure Act (APA), the cases of recusal and the recusal procedure shall be determined according to this law.

3. These rules also apply to the person who conducts the secretariat.

4. If someone recuses themselves, this shall be noted in the minutes.

1. The agenda lists all items for discussion in brief form and indicates the order in which they will be addressed.

2. As far as possible, the President shall set the agenda for the next meeting at the end of the current session and have it recorded in the minutes; he or she shall also determine the date and place of the next meeting or remind attendees of this information.

3. Each member may request a change to the agenda either before the meeting or at the start of the session.

1. Commission meetings are not public.

2. The Commission may invite third parties to attend a meeting or part of a meeting and may grant them an advisory vote if necessary.

3. The Commission may with the consent of the Directorate engage experts. The Directorate, in agreement with the Finance Directorate, decides on the remuneration.

4. Third parties and experts are subject to the specific confidentiality obligations pursuant to Article 7, Paragraph 2 of the Law of September 9, 2009, on Information and Access to Documents; the presidency provides them with specific instructions after the meeting to ensure confidentiality.

1. The commission is capable of deliberating if at least half of the members are present.

2. A decision regarding a topic not listed on the agenda, which falls under the Administrative Procedure Act, may only be made if at least two-thirds of the members are present.

1. The course of the deliberations follows the agenda.

2. The President determines the order in which members may speak. As a rule, he or she speaks last and summarizes the expressed opinions if necessary.

3. The person conducting the secretariat may express themselves in an advisory capacity.

4. The statements of the advisory committees also include a summary of the minority opinions, provided that a quarter of the members request this.

1. Resolutions are passed by a majority of the votes cast; abstentions are not counted.

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

1. The President repeats the motions and indicates the order in which they will be voted upon.

2. If the commission deliberates on a draft that has been previously submitted to it, the amendments that exclude each other are usually voted on first, with two motions being contrasted at a time. In the end, the text of the draft is contrasted with the only remaining amendment.

3. A secret ballot is conducted if special legislation provides for it in the relevant case or if one-quarter of the members request it.

1. Minutes shall be kept for each session; these shall include the location, date and duration of the session, the attendees, the matters addressed, the motions that were voted upon, the resolutions, and the voting results.

2. Unless otherwise decided, the minutes shall also briefly summarize the deliberations; the main opinions expressed and the reasons for the resolutions or for the committee's statements shall be apparent therein.

3. The minutes shall be made available to the members as far in advance of the next session as possible. Members must request any corrections or additions no later than at the beginning of the first session after they have been provided with the minutes.

4. The minutes shall be signed by the person who drafted them.

1. The Commission may conduct a consultation of the members

a) to gather opinions for the preparation of discussions;

b) to approve the revised version of a document discussed at a meeting.

2. The Commission may make urgent decisions by circulation. Other decisions may only be made outside a meeting if the special legislation allows it.

1. Members of the commission are prohibited from disclosing facts to which they become privy in the exercise of their mandate and which are to be kept confidential by their nature, circumstances, or pursuant to special instructions.

2. These obligations remain in effect even after the termination of the mandate.

3. Members are also obligated to maintain confidentiality regarding facts that are not subject to official secrecy. They specifically respect the informational responsibilities of the president and the responsible directorate and avoid making public statements if such statements could interfere with the work of the commission or the state in general.

4. These rules also apply to the person who manages the secretariat.

**1. As a rule, the Directorate informs the public; it may authorize the Commission to independently provide information, including of a political nature.**

**2. If the Commission is authorized to independently provide information, it is equated with an administrative unit, and the rules regarding public information about the activities of the Cantonal Administration apply.**

**3. In this case, the President exercises the powers assigned to the heads of administrative units; the provisions applicable to the employees of these units apply to the Secretariat and the members.**

**4. The President is also responsible for handling requests for access to the Commission's documents in accordance with relevant legislation.**

1. Non-permanent Commissions are established

a) by an order of the State Council;

b) by an order of a directorate or an institution with its own legal personality, issued on the basis of a specific legal authorization.

1. The Decree of Appointment shall particularly contain the following

a) It defines the mandate of the commission and specifies the deadlines for its fulfillment.

b) It lists the names, year of birth, and professions of the members, and, if applicable, indicates their capacity and function within the commission.

c) It regulates the reporting and possibly the dissemination of information to the public.

d) It refers to the applicability of these regulations and the provisions regarding the compensation of the members.

1. In the order establishing a commission within the framework of a project organization, provisions deviating from this regulation may be stipulated.

1. This Regulation enters into force on January 1, 2006.