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151.104 CH-NE

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

26 Articles / Provisions · Switzerland · Canton of Neuchâtel
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Table of Provisions (26)

Art. premier Organizational and Operational Regulations of the Management Commission, November 26, 2024 Art. 2 Regulation on the Organization and Operation of the Management Commission, of November 26, 2024 - Office Art. 3 Rules of Organization and Operation of the Management Commission, November 26, 2024 - General Reporting Member Art. 4 Regulations on the Organization and Operation of the Management Commission, dated November 26, 2024 - Subcommittee Art. 5 Regulations on the Organization and Functioning of the Management Committee, dated November 26, 2024 Art. 6 Rules of Organization and Operation of the Management Commission, dated November 26, 2024 - High Supervision Art. 7 Regulation on the Organization and Operation of the Management Commission, dated November 26, 2024 - Sessions Art. 8 Rules of Organization and Operation of the Management Committee, of November 26, 2024 - Recusal Art. 9 Regulations on the Organization and Operation of the Management Commission, dated November 26, 2024 - Minutes Art. 10 Regulations on the Organization and Functioning of the Management Committee, of November 26, 2024 - Right to Obtain Information Art. 11 Regulation on the Organization and Operation of the Management Commission, of November 26, 2024 - Annual Report Art. 12 Regulation on the Organization and Operation of the Management Committee, dated November 26, 2024 - Monitoring of Pending Matters Art. 13 Regulations on the Organization and Operation of the Management Committee, November 26, 2024 - Responsibilities Art. 14 Regulations on the Organization and Operation of the Management Commission, dated November 26, 2024 - Announced Visits Art. 15 Regulation on the Organization and Functioning of the Management Commission, of November 26, 2024 - Unannounced Visits Art. 16 Regulation on the Organization and Operation of the Management Commission, dated November 26, 2024 - Communication of Information Art. 17 Regulation on the Organization and Functioning of the Management Committee, of November 26, 2024 - Mission Art. 18 Regulations on the Organization and Operation of the Management Commission, dated November 26, 2024 - Referral and Decision of the Commission Art. 20 Regulation on the Organization and Functioning of the Management Commission, dated November 26, 2024 – Collaboration with the CCFI Art. 21 Regulation on the Organization and Functioning of the Management Committee, November 26, 2024 Art. 22 Rules of Organization and Functioning of the Management Committee, November 26, 2024 - Decision of the Committee Art. 23 Regulation on the Organization and Functioning of the Management Commission, November 26, 2024 - Coordination with the Finance Commission Art. 24 Regulation on the Organization and Functioning of the Management Commission, of November 26, 2024 - Examination of Financial Management Art. 25 Regulations on the Organization and Functioning of the Management Committee, of November 26, 2024 - Budget Review Art. 26 Rules of Organization and Operation of the Management Commission, of November 26, 2024 Art. 27 Regulations on the Organization and Functioning of the Management Committee, November 26, 2024 - Entry into Force and Publication

Statutory Text (26 Articles)

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

Articles 63 to 79 and 82 to 87 of the GCT are applicable.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

The office is composed of the chairperson or president of the management and evaluation committee (hereinafter: the committee or COGES), the vice-chairperson or vice-president, as well as the general rapporteur member.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

**1. The Committee Appoints a General Rapporteur at the Beginning of the Legislature and, if Applicable, at Mid-Legislature**

2. The general rapporteur is specifically responsible for reporting on the following matters

a) The annual report of the Council of State on its management;

b) The reports of the Council of State regarding the achievement of objectives it has set for entities carrying out tasks delegated by the State, and the examination of how the Council of State exercises its high supervision over these entities.

3. The committee may appoint another rapporteur for other matters to be addressed.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

1 At the beginning of each legislative term, during its first session, the committee shall appoint from among its members five sub-committees, each consisting of three members, upon proposal of the bureau.

2. Commissioners cannot serve on the same sub-committee for more than two consecutive legislative terms, subject to exceptions decided by the committee.

3. One of the three members shall be appointed as chair-rapporteur. They are responsible for convening and leading sessions, and reporting to the plenary committee on the work of their sub-committee.

4. The chair-rapporteurs of the sub-committees should not, as far as possible, belong to the same political party as the head of department. The sub-committees should consist of members from different political affiliations.

5. Each sub-committee is assisted by a parliamentary assistant. They support the work of the sub-committee and possess a comprehensive knowledge of the dossiers in question or to be addressed.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

1. Article 78 OGC is applicable.

2. The substitutes for the members of the commission are, in principle, always the same.

3. When a member of a sub-commission cannot attend a meeting, he or she arranges for their replacement by a member of the plenary commission.

4. During the examination of the budget and accounts, when a member of a sub-commission cannot attend a meeting, he or she arranges for their replacement by a member of their political group.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

1 In accordance with Article 82, paragraph 2, OGC, the commission is responsible for exercising high supervision over the management of the Council of State, the cantonal administration, as well as the general secretariat.

2. The sub-commissions exercise high supervision over the management of the relevant departments.

3. The sub-commission of the department in charge of finance exercises high supervision over the management of the legislative, executive authorities, and the Cantonal Financial Control (CCFI).

4. The sub-commission of the department in charge of security exercises high supervision over the management of the Data Protection and Transparency Officer (PPDT).

5. High supervision over the management of judicial authorities is exercised by the judicial commission.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

1. The commission, its bureau, and its subcommittees meet as needed to carry out their functions.

2. The commission may also convene at the request of its bureau, a subcommittee, or the Council of State.

3. Upon invitation by the chairwoman or chairman of the commission or the subcommittee, the head of the department, the secretary general, or any other collaborator from the department, a central service, or an autonomous entity, may participate in the meeting of the commission or the subcommittee.

4. Each subcommittee meets at least twice a year in the presence of the head of the concerned department during the examination of the budget and accounts.

5. The chairwoman or chairman of the commission or the subcommittee establishes the agenda.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

Articles 42 to 46 OGC are applicable in matters of recusal.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

1. In accordance with Article 75 of the General Organizational Code (OGC), minutes of the meetings of the commission and sub-commissions are kept.

2. The minutes of the COGES are reserved for its members and the participants in the meeting.

3. The minutes of the sub-commissions are intended solely for the participants in the meeting; they are confidential and not transferable to the members of the COGES.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

1. Articles 67 and 84 OGC are applicable.

2. Each sub-commission has the same investigative powers as the commission.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

1. The commission prepares a report in support of the State's financial management for the accounts session, which notably includes the work carried out by the subcommittees with the departments during the calendar year. At the end of a legislative term, the outgoing commission prepares its report before the end of its mandate.

2. Each subcommittee presents a written report to the commission on the management carried out by the concerned department.

3. The reports from the subcommittees are discussed in a plenary session and integrated into the commission's report, if necessary, after being amended.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter One General Organization

1. By mandate of the office of the Grand Council, the commission ensures compliance with the deadlines for responses to be given by the Council of State to recommendations, motions, and postulates in accordance with Articles 224, 233, and 242 OGC.

2. The commission delegates this task to its sub-commissions, which are responsible for monitoring the processing of pending items within their department. The office of the COGES oversees the follow-up on the processing of pending items related to the presidency of the Council of State.

3. A monitoring table summarizing the pending items, for which the response deadline has expired, is provided to them by the SGGC.

4. At the end of each calendar year, the tables are completed by the departments, which indicate the cause of the delay and propose a new deadline. These proposals are reviewed by the sub-commissions, then examined and validated by the plenary commission.

5. A chapter of the commission's annual report is dedicated to the pending items for which the deadline has expired as of December 31 of the relevant year. For each of these items, the commission makes a proposal to the plenary. It may notably propose the classification of certain items.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 2 Subcommissions

1. Within the framework defined by high oversight, each subcommittee is responsible for monitoring a department from a management perspective.

2. In particular, each subcommittee has the following duties in relation to the department it monitors

a) review the management report;

b) examine, from a management perspective, the reports of the Council of State concerning the achievement of objectives it has set for entities performing public duties delegated by the State;

c) examine, from a management perspective, how the Council of State exercises high oversight over entities performing public duties delegated by the State;

d) on the commission's delegation, ensure the follow-up on pending matters after the December session and before mid-February;

e) review the reports prepared by the CCFI on the services of the concerned department. The subcommittees receive the reports from their department based on the lists of CCFI reports established monthly and transmitted to the members of the full commission;

f) propose to the full commission topics that could be subject to evaluation from the perspective of public policies;

g) conduct the evaluation work assigned by the full commission, either independently or with the assistance of a third party.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 2 Subcommissions

Visits and meetings with various state services and autonomous entities are conducted by sub-committees of the relevant departments or by the COGES office. The objective is to regularly meet with the various representatives of these services and autonomous entities so that they can present their services, missions, challenges to be addressed, and express their concerns.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 2 Subcommissions

1. If circumstances require, the commission, its bureau, or the sub-commission, after informing the COGES office, may exceptionally decide that a visit or meeting with a State service, an autonomous entity, or persons performing public tasks, be conducted as an unannounced visit.

2. The Chair of the COGES informs, the day before the visit, and on a confidential basis, the head of the department or the head of the concerned autonomous entity.

3. In accordance with Article 84, paragraphs 2 and 3, OGC, the head of the department or the head of the entity is heard, upon request and as soon as possible, by the COGES bureau or by the concerned sub-commission.

4. The objective of unannounced visits is to conduct all investigations and particularly the hearings that the commission, its bureau, or the sub-commission deems necessary.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 2 Subcommissions

1. Sub-committees provide a concise update to the plenary committee on the cases currently being handled by their sub-committee. They also communicate the dates of their upcoming sessions.

2. Confidential and sensitive data is not transmitted during plenary sessions. Only the chairperson has access to this information. An exception is made when the public interest demands it, following discussion and decision by the board.

3. During each session, the committee establishes a status report of ongoing cases (COGES, COGES board, and sub-committees).

1 State - People - Authorities - 15 Authorities - 151 Great Council - Chapter 3 Evaluation of Public Policies

In accordance with Article 83a of the General Organization Chart (OGC), the Committee for Public Policy Evaluation (COGES) conducts the evaluation of public policies.

1 State - People - Authorities - 15 Authorities - 151 Great Council - Chapter 3 Evaluation of Public Policies

1. Subjects to be evaluated from the perspective of public policy are determined by the commission, upon the proposal of one of its members, one of its sub-commissions, or any other person or entity with the right of initiative according to Article 26 OGC.

2. Any proposal addressed to the commission must be substantiated and accompanied by a detailed understanding of the subject proposed for evaluation, as well as the objective pursued by the latter. The commission may request any additional pertinent information.

3. The commission decides independently on the subjects it addresses from the perspective of public policy evaluation and, if necessary, whether the evaluation work should be entrusted to a third party or carried out by one of its sub-commissions.

1 State - People - Authorities - 15 Authorities - 151 Great Council - Chapter 3 Evaluation of Public Policies

The CCFI provides organizational and administrative support to the commission for the establishment of evaluation mandates for public policies executed by third parties.

1 State - People - Authorities - 15 Authorities - 151 Great Council - Chapter 3 Evaluation of Public Policies

1. The evaluation report prepared by a sub-committee is submitted to the plenary commission with the result of its work. It includes notably its conclusions and recommendations, as well as any reports possibly prepared by third parties.

2. Before adopting its report, the sub-committee hears from the department and, if necessary, the relevant parliamentary committee(s) on the outcome of the evaluation.

3. Their observations are recorded in the report.

1 State - People - Authorities - 15 Authorities - 151 Great Council - Chapter 3 Evaluation of Public Policies

1 The commission reviews the evaluation reports and decides whether it is appropriate to prepare a report for the Grand Council. This report may take the form of an informational report or contain proposals.

2. In the absence of a specific report, the evaluations conducted are mentioned in the commission's annual report on state management.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 4 Coordination of Work

During the review of financial management and the budget, the committee coordinates its activities with those of the finance committee.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 4 Coordination of Work

1. The members of the finance sub-committee participate in the examination of financial management.

2. The chairmanship is assumed by the chairwoman or chairman of the management sub-committee.

3. The sub-committees examine the financial management of the departments for which they are responsible.

4. The sub-committee of the department in charge of finances examines the financial management of the legislative and executive authorities.

5. The sub-committee of the department in charge of security examines the financial management of the Data Protection and Transparency Officer (DPTO).

6. The sub-committee of the department in charge of finances examines the financial management of the judicial authorities, in the presence of a delegation from the judicial committee.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 4 Coordination of Work

1. Members of the management sub-committee participate in the budget review.

2. The chairmanship is held by the chairwoman or chairman of the finance sub-committee.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 5 Final Provisions

The Regulation on the Organization and Operation of the Management Committee of November 2, 2021, is repealed.

1 State - People - Authorities - 15 Authorities - 151 Grand Council - Chapter 5 Final Provisions

1. This regulation shall enter into force with immediate effect.

2. It shall be published in the Official Gazette and included in the Collection of Neuchâtel Legislation.

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