Regulations on the organization of the Council of State and the Administration

1 The Council of State is the governmental and executive Authority of the Canton.

2 It directs cantonal affairs collegially according to the competences provided for by the Constitution and by the laws.

3 It is assisted by the State Chancellor.

The Council of State, reserving the rights of the people and of the Grand Council

a) plans the activities of the Canton and ensures the implementation of its programs;

b) directs the preliminary phase of the legislative procedure;

c) oversees the enforcement of federal and cantonal laws and the decisions of the Grand Council; it issues the necessary norms through executive decrees, regulations, resolutions, or other provisions;

d) administers the finances and assets of the Canton and annually presents the final and provisional accounts;

e) directs the cantonal Administration and reports thereon annually to the Grand Council;

f) appoints employees and persons entrusted with a cantonal public function, unless otherwise provided by the Constitution or law;

g) supervises the authorities of the Municipalities and other public bodies and coordinates their activities within the limits set by law;

h) ensures public order;

i) represents the Canton before the Confederation, other Cantons, and any other authority;

j) responds to consultations promoted by the Confederation and may submit matters of particular importance to the Grand Council.

1 The Council of State strives to ensure that the activity of the Cantonal Administration is appropriate, efficient, and rational.

2 It provides for coordination at all levels of the Cantonal Administration, as well as between the latter and other persons or entities entrusted with administrative tasks.

3 It regulates the right of signature.

4 It ensures internal information.

5 It supervises the Cantonal Administration and ensures that its activity complies with the law.

The Council of State informs the public of its decisions, to the extent that such information serves a general interest and is not opposed by significant public or private interests worthy of particular protection.

1 Each member of the Council of State heads a Department.

2 The Council of State allocates the Departments among its members at the beginning of each legislative period and, if applicable, following a by-election.

3 The allocation of Departments takes into account the right of the outgoing, re-elected member to head their own Department. For the vacant Department, the right of option is granted based on seniority of office, subordinately based on the overall election result.

4 The Council of State designates from among its members a substitute for each Head of Department.

1 The affairs of the Governing Council take precedence over other commitments of the members of the Council of State.

2 The members of the Council of State inform the Council about important matters in their Departments.

3 In principle, they must be solidary with their colleagues and with the decisions of the Council.

A member of the Council of State may, by informing the Council, express their dissenting votes and opinions.

4 In the case of votes or elections, the Council of State may establish rules of conduct that are binding on the Council.

The members of the Council of State must be domiciled in the Canton or choose domicile there within the terms established by law.

[1] Members of the Council of State who cease to hold office or assume the leadership of another Department are obliged to transmit in their entirety to their successor pending dossiers of a political or administrative nature that are not yet mature for archiving in accordance with Art. 5 para. 3 of the Law on Archiving and Public Archives of March 15, 2011.

[1] Art. introduced by R 21.1.2015; in force since 23.1.2015 - BU 2015, 15.

1 The Council of State appoints its President and a Vice-President, who remain in office for one year.

At the end of the year, the Vice-President assumes the presidency.

2 For the remainder, the office is assumed by rotation according to seniority of office, subordinately based on age.

3 The President is not immediately re-eligible.

1 The President directs the activity of the Council of State and ensures that the tasks of the Government are performed in a timely, efficient, and appropriate manner.

2 The President exercises general oversight over the State Chancellery.

1 The President of the Council of State

a) ensures the planning and organization of the work of the Council of State, availing himself of the State Chancellor;

b) presides over the sittings of the Council of State;

c) presents governmental affairs to the Grand Council when mandated to do so by the Council of State;

d) represents the Council of State externally.

2 The Council may delegate representation duties to other members of the Government, to the Chancellor or, with the consent of the Council of State, to other persons.

3 In case of necessity, the President may adopt urgent measures, promptly informing the Government.

1 The President's substitute is assumed by the Vice-President.

2 In the absence of the latter, the presidency is exercised by the member of the Council of State longest-serving in office, secondarily by age.

1 The Council of State meets according to a periodically pre-established calendar and whenever business requires.

2 The Council of State is convened by the Chancellor upon order of the President.

3 Any member of the Council of State may request the convening of a session at any time.

1 The Chancellor participates in the deliberations of the Council of State with a consultative vote. He makes proposals concerning the affairs of the Chancellery.

2 Should it seem appropriate for a better understanding and formation of its opinion, the Council of State may invite other executive officials, internal or external specialists to the Administration.

1. The sittings of the Council of State are not open to the public.

2. Cases provided for by law remain confidential.

3. Information is governed by Art. 4.

1 **Councillors of State, the Chancellor and any other participants in the sessions pursuant to Art. 13 must recuse themselves from any matter in which they have a direct personal interest.**

2 **If it involves taking decisions or ruling on appeals, Articles 50 et seq. of the Law on Administrative Procedure of 24 September 2013 apply. [2]**

3 **In these cases, the member of the Council of State does not participate in the deliberation in question, unless their presence is requested by the Government to provide information.**

4 **Recusals and challenges must be mentioned in the protocol.**

**[2] Sub-paragraph amended by R 18.2.2014; in force since 1.3.2014 - BU 2014, 115.**

1 The validity of resolutions is subject to the presence of at least 3 members of the Council of State.

2 Business is not dealt with in the absence of the State Councillor responsible for presenting it, unless he consents thereto.

3 Every item requiring a decision is, as a rule, presented in writing by the competent State Councillor in the form of a draft.

4 Every State Councillor may request to present their own report on an item falling within the purview of a colleague.

5 For certain matters, the Council of State may request prior approval from central services.

1 In urgent cases, the Council of State may follow extraordinary procedures such as the adoption of decisions by circulation of documents, by telephone, by e-mail, by tele or video conference.

2 Decisions taken by extraordinary procedure are equivalent to those adopted by ordinary procedure.

3 Decisions adopted in a state of necessity in accordance with the Law on Population Protection of 26 February 2007 remain reserved. [3]

[3] Para. amended by R 19.6.2013; in force since 1.7.2013 - BU 2013, 298.

1 For every decision of the Council of State, an absolute majority of its members is required.

In case of a tie, the vote shall be repeated at the next session. Should the result still be a tie, the President's vote shall prevail.

2 For every revocation, suspension, or amendment of individual and concrete acts, the concurring vote of at least four members is required.

1 All decisions of the Council of State shall be recorded in the minutes, signed by the President and the State Chancellor. The minutes shall contain the date, the name of the President, the names of the other State Councillors present, and an indication of the decisions taken.

2 Any member of the Council of State may have their dissenting opinion recorded.

1 The President and the Chancellor sign the decisions of the Council of State.

2 The Council of State may authorize the Chancellor to sign certain acts alone.

3 In case of absence of the President or the Chancellor, Articles 11 and 23 of these Regulations shall apply.

The Council of State issues, to supplement the preceding provisions, directives on the organization and functioning of its sittings.

1 The Secretary of State is appointed by the Council of State and declares before it his loyalty to the constitution and the laws.

2 He is subject to the organic laws on state employees.

[4] 1 The State Chancellor directs the Chancellery and, with regard to it, has the status of a Department Director.

2 The State Chancellor organizes their own representation.

[4] Art. amended by R 13.5.2015; in force since 19.5.2015 - BU 2015, 235.

1 The Chancellor assists the Council of State and its President in fulfilling their duties, performing staff functions in the areas of planning, organization, preparation, coordination, and verification.

2 He performs the function of secretary to the Council of State and, in particular

a) assists the Council of State in planning the Government's activities;

b) directs the State Chancellery;

c) assigns all acts sent to the Council of State to the competent Department or to the State Chancellery, either for a proposal to the Council of State or for direct handling: cases of conflict of jurisdiction are decided by the Council of State;

d) coordinates the preparation of the annual report to the Grand Council;

e) ensures the coordination of the Council of State's work with that of the Grand Council;

f) prepares, upon order of the President of the Council of State, the work plans and agenda items for the Council of State;

g) keeps the minutes of meetings and safeguards the seal of the Council of State, which authenticates its acts;

h) ensures the coordination of internal information between the Council of State and the Departments, and external information.

3 He is the head of the Protocol Service.

4 The Council of State may assign other duties to the Chancellor.

[5] 1 The Council of State organises and carries out its activities through the Departments and its Chancellery.

2 The Departments comprise

a) the directorate;

b) the personal collaborators;

c) the secretary general and/or the coordinator of the Department;

d) the divisions and other subdivisions, organised into administrative units (sections, offices).

3 The structure of the Departments and the State Chancellery is defined in the annex.

[5] Art. modified by R 19.6.2013; in force since 1.7.2013 - BU 2013, 298.

The Director of the Department shall notably exercise the following functions

a) the periodic establishment of tasks and objectives for the Department and its divisions, verifying their implementation;

b) the direction of the Department, the making of decisions, and the coordination of activities of the administrative units immediately subordinate to him;

c) the constant informing of the Council of State regarding important departmental matters and the preparation of decisions falling within the competence of the Council of State;

d) the supervision of the preparation and observance of the budget for the Department's budgetary responsibility centers;

e) the periodic review and adjustment of the Department's organization.

1 The Council of State avails itself of the Coordination Group to ensure interdepartmental collaboration, representative of the Departments and central Services.

It is chaired by the Chancellor of State.

2 If a matter involves multiple Departments, those concerned shall spontaneously provide for mutual information and coordination. The Council of State designates the Department primarily responsible.

The Council of State regulates administrative management within the Cantonal Administration and the functioning of the other coordination bodies.

The Regulation of the Council of State of March 22, 1855, is hereby repealed.

The present regulation is published in the Official Bulletin of Laws and Executive Acts and enters immediately into force. [6]

Published in OB 2001, 106.

Annex [7]

[6] Entry into force: 4 May 2001 - OB 2001, 105.

[7] Annex amended by R 10.11.2021; in force from 12.11.2021 - OB 2021, 328; previous amendments: OB 2013, 298; OB 2015, 235; OB 2021, 196.