Government and Administration Organisation Act (RVOG) - Position (RVOG)

1. The government is, subject to the powers of the Great Council, the highest executive and administrative authority of the canton.

2. Each member of the government is the head of a department of the cantonal administration and, as such, is subordinate to the government as a collective authority.

1. The Tasks of the Government are specifically governed by Article 42 et seq. of the Cantonal Constitution as well as by the provisions contained in other legislation.

1. The office of a member of the government is incompatible with municipal offices and offices in regions. Furthermore, the incompatibility provisions according to Article 22 of the Cantonal Constitution apply.

1. Relatives and in-laws up to the fourth degree, spouses, registered partners, and persons connected by a de facto domestic partnership are not permitted to simultaneously hold positions in the government. These exclusion criteria also apply to the Chancellor's Director.

1. Members of the government are obligated to maintain confidentiality in official matters to the extent that there is an overriding public or private interest in secrecy according to the Public Information Act or if a specific legal provision requires it. The duty of confidentiality must be observed even after leaving office.

2. The government may authorize a member to testify about matters subject to their duty of confidentiality in a civil, criminal, or administrative proceeding or to release documents.

1. Government members shall, in principle, neither solicit nor accept gifts or other advantages in connection with their official duties.

2. Exceptions are made for gifts that are customary in the specific situation and are of minimal value.

1. The government convenes as often as the affairs require. It usually meets once a week.

2. Any member of the government may request the convening of a meeting at any time.

3. The deliberations of the government are not public.

1. Members of the government and the Chief Clerk or their deputy shall participate in government meetings.

2. The Chief Clerk or their deputy shall have an advisory voice, record the resolutions made, and ensure their publication. They have the right to submit proposals concerning the affairs of the chancellery. In case of their absence, the deputy shall attend the meetings.

3. The government may involve employees or other experts for informational purposes.

1. The government is quorate when at least three members are present and entitled to vote.

2. Votes and elections are conducted openly. Every member entitled to vote is obligated to cast a vote.

3. The decisive factor is the majority of the votes cast.

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

1. In urgent cases, a resolution may be passed by way of circulation if it is not possible to hold a meeting within a reasonable period.

2. Resolutions by circulation require the approval of at least three government members.

1. A government member must recuse themselves if

a) they themselves, their spouse, registered partner, a person with whom they have a de facto living arrangement, or any of their relatives or in-laws up to the fourth degree have a direct personal interest in a government decision;

b) the government decides on appeals against decisions of their own departments.

2. A direct personal interest is only assumed if the decision in question can result in a direct benefit or disadvantage for one of the persons mentioned in paragraph 1.

3. This recusal regulation applies correspondingly to the activities of government members as heads of departments and the head of the chancery.

4. Recusal questions are decided by the government excluding the concerned individual.

1. The President of the Government directs the activities of the Government. She or he chairs the meetings, ensures that government affairs are conducted properly and in a timely manner, and supervises the collaboration among the departments.

2. The President represents the government externally, unless otherwise determined by the government.

3. If a matter does not tolerate delay, she or he may issue presidential decrees in the place of the full authority. These must be communicated to the government subsequently without delay.

1. The government may establish committees.

2. These committees prepare consultations and decisions of the government or conduct negotiations on behalf of the college with other authorities or private individuals.

1. Salaries and Insurance are governed by special legislation.

1. The Cantonal Administration is divided into five departments and the Cantonal Chancellery as a staff unit.

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

3. Administrative tasks are also carried out by entities outside the cantonal administration in accordance with statutory provisions.

1. Administrative units are exceptionally subordinated to a department or the state chancery for administrative purposes if special regulations require it. The professional subordination is determined by the assigning regulation.

2. Task carriers with their own legal personality are administratively assigned to a department or the state chancery, unless special regulations provide otherwise. They are autonomous in fulfilling their tasks according to the special regulations.

1. The government assigns each of its members the leadership of a department.

2. It appoints a deputy for each department.

3. The assignment takes place at the beginning of each term of office, after by-elections, or when special circumstances justify it.

1. The government designates the departments and assigns their areas of responsibility.

2. In making these assignments, it particularly ensures efficient task fulfillment and balanced political representation.

1. The departments assist in the preparation of government business and perform the administrative tasks assigned to them by law, regulation, or government decision.

2. They lead and supervise the administrative units under their authority.

1. The organizational structure of the departments in its basic form is determined by the government.

1. The State Chancellery is the general staff, coordination, and liaison office of the government and administration, and fulfills the tasks assigned to it by law, ordinance, or government decree.

2. It leads and supervises the administrative units assigned to it.

3. It is headed by the Chancellery Director, who reports to the President of the Government.

4. The basic organizational structure of the State Chancellery is determined by the government.

1. The government and the departments may delegate administrative tasks assigned to them by law or regulation, either generally or on a case-by-case basis, to the subordinate administrative units.

2. The delegation of authority to issue administrative decisions is only permissible insofar as it is effected by regulation. Furthermore, the mandatory jurisdictions that must be considered under the legislation governing administrative procedure remain reserved.

1. Departments and other administrative units are obligated to cooperate in the execution of their activities.

2. The government may establish special working groups, commissions, conferences, or project organizations for handling important affairs, which may include external experts.

3. If a matter affects the jurisdiction of multiple departments, the government shall determine which department takes the lead in case of a conflict.

1. The government shall issue the necessary implementing provisions, particularly regarding

a) the procedures within the government;

b) the designation of the five departments and the allocation of their areas of responsibility;

c) the basic organizational structure of the departments and the State Chancellery;

d) the authority to sign on behalf of the government, departments, and subordinate administrative units.

1. This law is subject to an optional referendum.

2. It is enacted by the government.