Act on the Organisation of the State Council and Administration - Mandate (RVOG)
Table of Provisions (31)
Statutory Text (31 Articles)
1. The Executive Council fulfills the tasks assigned to it by the constitution and the law.
2. Government business takes precedence over all other functions of a member of the Executive Council.
3. The Executive Council makes fundamental and important decisions collectively.
4. It supervises the cantonal administration and other public task carriers; the courts and the pension fund of the Canton of Solothurn are excluded.
1. Each member of the government council may request the convening of a meeting at any time.
1. The Executive Council shall regulate by ordinance the procedures of business conduct, particularly concerning the handling of regular, urgent, and matters of subordinate importance.
1. To negotiate validly, at least three members of the Council of Ministers must be present.
2. Votes and elections are conducted openly. Abstention from voting is not permitted.
3. A valid resolution or election must gather at least three votes.
4. The President of the Council or the Vice President votes, and in the event of a tie, this vote counts twice.
5. The Council of Ministers regulates the record-keeping, as well as the signature and the announcement of its resolutions, by ordinance.
1. The Government Council may, in urgent cases, make circular resolutions upon the request of a department or the State Chancellery. Section 4, paragraph 3 is applicable.
1. The provisions of the State Personnel Act concerning recusal also apply to the members of the Governing Council.
2. In the handling of complaints, the member of the Governing Council against whose department the complaint is directed shall recuse themselves.
3. Participation ex officio in the body of a legal entity is not a ground for recusal.
1. The President or the Vice President of the Government Council leads the Government Council and ensures that its work is initiated and concluded in a timely, efficient, and coordinated manner.
2. He or she can at any time order clarifications on specific matters and propose appropriate measures to the Government Council.
**1. The Vice Landammann or the Vice Landammann (female) supports and relieves the Landammann or the Landammann (female) in all functions and assumes the representation in the event of incapacity.**
1. For important reasons, particularly in cases of urgency, the Landammann or Frau Landammann orders provisional measures. Furthermore, he or she decides in place of the government council if a meeting or a circulating decision is not possible within the deadline.
2. Decisions made according to paragraph 1 must be promptly submitted to the government council for their information.
3. In the appeal process, the provisions of the Administrative Procedure Act apply.
1. The State Secretary
a) serves as the chief of staff for the Government Council;
b) ensures liaison with the Cantonal Council;
c) in conjunction with the Council Secretary, ensures the coordination of tasks between the Cantonal Council and the Government Council;
d) performs the duties assigned to him or her by law or regulation.
2. He or she participates in the meetings of the Government Council in an advisory capacity.
1. The Executive Council appoints the State Secretary and his or her deputy.
2. The State Secretary is subordinate to the Executive Council. The Head of the Government addresses personnel matters concerning the State Secretary and submits the necessary proposals to the Executive Council.
1. The position of State Secretary or Deputy State Secretary can be filled by anyone eligible to vote in the Canton of Solothurn and who has
a) completed a degree in law at a university, or
b) completed another university degree and can demonstrate substantial knowledge in constitutional and administrative law.
1. The Executive Council ensures an efficient administrative organization. It adapts it to changing conditions.
2. At the beginning of each term of office or in the event of replacement elections, the Executive Council designates the heads of the departments and their deputies.
3. The State Secretary manages the State Chancellery. He or she represents the matters of the State Chancellery before the Executive Council and the Cantonal Council.
1. The Government Council may, by ordinance, delegate matters according to their significance to the departments, the state chancellery, the offices, and other organizational units for independent processing.
1. The conduct of administration is governed by the law on performance-oriented administrative management.
1. The Central Administration consists of the departments and the State Chancellery. The State Chancellery holds the same organizational status as a department.
2. The Government Council designates the departments by regulation.
1. The departments and the state chancellery prepare the business of the government council.
2. The government council determines the tasks and competencies of the departments and the state chancellery by regulation.
3. The government council may authorize civil servants by regulation to sign orders on behalf of a department.
4. Complaints against orders of a department are instructed by another department, typically by the deputy department.
1. The district registry offices and the superior offices form the district administration.
2. The canton operates one district registry office and one superior office per district. For the districts of Solothurn-Lebern and Bucheggberg-Wasseramt, it operates one district registry office and one superior office in Solothurn. In Grenchen and in Breitenbach, it operates a branch of the district registry office in each location.
1. The duties of the district registries are determined by the special legislation.
2. The government council may, by regulation, exclusively designate one or more district registries as responsible for maintaining the commercial register.
3. The government council may assign additional tasks to the district registries through a regulation.
4. The management is specifically governed by a regulation of the government council.
1. The district offices also serve as debt collection and bankruptcy offices. The chief clerk or the clerk is the debt collection and bankruptcy officer.
2. The government council may determine that special debt collection and/or bankruptcy officers be elected for certain jurisdictions.
3. The government council may, by regulation, exclusively assign the duties of the bankruptcy officer to one or more district clerks. It may also assign this duty to a debt collection and/or bankruptcy officer.
1. According to special legislation, the registry offices are under the supervision of the Supreme Court.
2. The Supreme Court exercises professional supervision through the registry office inspector. It details the specifics in a job description.
1. The registry office inspector is administratively subordinate to a department.
2. The department may assign him or her additional tasks.
1. Orders issued by the office clerks can be appealed to the higher court, unless judicial action or another legal remedy is available.
1. The district offices are responsible for
a) the supervision of elections and referendums;
b) the enforcement measures by the police;
c)* services in the social sector as well as in child and adult protection;
d) services in consultation and mediation;
e) arbitration in rental disputes;
f) arbitration in the area of gender equality.
2. The government council may assign additional tasks to the district offices by regulation.
1. The members of the management and supervisory bodies of indirect administration are elected by the respective electoral authority based on a requirement profile determined by them.
2. The members are committed to compliance with legal regulations, effective task fulfillment, and economical and efficient management. Specific details are regulated by the duty statement issued by the electoral authority. If they perform their duties inadequately, particularly if they disregard instructions from the government council (paragraph 3), they can be dismissed by the respective electoral authority at any time.
3. The government council supervises the work of the management and supervisory bodies of indirect administration. It is authorized to request information, inspect transactions, and demand documents. It can issue instructions regarding the execution of tasks according to paragraph 2 if significant interests of the state or public are threatened. If such instructions are not followed, the government council can annul their decisions and potentially demand a new decision.
4. The government council informs the cantonal council about its supervisory activities and their results within the framework of the accountability report.
4bis. Paragraphs 2 and 3 do not apply to the Pension Fund of the Canton of Solothurn.
5. ...
1. The canton appoints representatives in public or private law organizations when such representation is stipulated by law or agreements, or when the executive council decides on representation. Generally, no representation is sent to organizations receiving financial assistance.
2. The executive council selects the representatives based on a set of requirements. It supervises their work. Representatives can be dismissed by the executive council at any time if they perform their duties inadequately, particularly if they disregard instructions (paragraph 4).
3. The representatives safeguard the canton’s interests and advocate for the compliance with legal provisions, effective task fulfillment, and economical and efficient management. Details are regulated in the job description.
3a. The representatives are obliged to timely procure the necessary information for risk assessment to the competent department.
4. The executive council or, on its behalf, the competent department or the state chancellery may issue instructions to the representatives regarding the performance of tasks under paragraph 3, including instructions on the exercise of voting rights in individual cases.
1. The term of office for the Council of State begins on August 1 following the cantonal and council elections and concludes four years later on July 31.
2. The same applies to commissions and authorities which the Council of State elects for a term of office, as well as management and supervisory bodies of indirect administration, and cantonal representations in organizations of public or private law. Exceptions are reserved for differing provisions established by special legislation or by organizations of public or private law.
1. Assignment of Responsibilities to Departments, the State Chancellery, Offices, and other Organizational Units, as well as the Designations of these Organizational Units based on this Law and its Implementing Provisions, shall take precedence over conflicting assignments of responsibilities and designations according to other enactments in force at the time this Law comes into effect.
2. The Government Council is authorized to bring the allocation of responsibilities and designation of organizational units in laws, ordinances, and other enactments into conformity with this Law and its Implementing Provisions by means of an ordinance.
3. The Government Council may, by ordinance, dissolve commissions appointed by it as mandated by law or redefine their tasks.
1. The amendments have been incorporated into the respective decrees.
1. The following decrees are repealed
a) Rules of Procedure of the Government Council of September 10, 1969;
b) Law concerning the implementation of the Federal Law of April 11, 1889, on Debt Enforcement and Bankruptcy of September 6, 1891;
c) Ordinance on the formation of five departments in the cantonal central administration of June 27, 1995.
1. This law is subject to a referendum.
2. The governing council regulates the enactment.