Regulation concerning commissions, working groups and representations to bodies appointed by the Council of State

The following provisions govern the functions and the designation and organizational procedures of the commissions, working groups, and representatives to bodies appointed by the Council of State.

[1] 1 The term of office is four years, renewable, and may not exceed a total of 12 years.

2 An exception applies to State employees acting by virtue of their specific function within the Cantonal Administration.

3 The term of office expires at the end of the month in which the limits referred to in paragraph 1 are reached.

[1] Art. introduced by R 6.3.2012; in force since 9.3.2012 - BU 2012, 95.

The establishment of commissions is justified if the performance of their duties

a) is prescribed by law;

b) requires specialized knowledge not available within the Cantonal Administration;

c) necessitates the involvement of local authorities or other qualified stakeholders, an involvement not confinable to a consultation procedure;

d) requires decision-making or advisory powers;

e) provides for an indefinite period for its strategic, technical, and administrative support activities, as well as its consultative and proactive functions. [2]

[2] Para. amended by R of 6.3.2012; in force since 9.3.2012 - BU 2012, 95.

1 Commissions are established by the State Council upon proposal of the Department competent for the subject matter. [3]

2 The State Council may delegate to a Department or to the State Chancellery the power to establish individual commissions.

3 They are, as a rule, established by 31 December of the year of the election of the State Council. [4]

4 Before the general renewal, their existence, function, and composition are subject to evaluation.

[3] Para. amended by R 29.3.2023; in force since 1.1.2024 - BU 2023, 131.

[4] Para. amended by R 29.3.2023; in force since 1.1.2024 - BU 2023, 131.

[5] 1 The commissions have a limited number of members, variable in principle from 5 to 9.

2 Given their tasks, age groups and interest groups must be equitably represented on the commissions, and specific skills and knowledge must be taken into account.

3 The representation of either sex must, where possible, be at least 30%.

4 For commissions with a predominant political interest, the composition is determined based on political representation in the Council of State.

5 The distribution is governed by the same criteria as that of the Council of State, and Article 80 of the Law on the Exercise of Political Rights is applicable by analogy.

6 State employees may be part of the commissions in justified cases or by virtue of a specific function.

7 Concurrently with the appointment of the members of the commissions, their respective presidents and secretaries are designated.

[5] Art. amended by R 6.3.2012; in force since 9.3.2012 - BU 2012, 95.

[6] 1 Without prejudice to professional secrecy within the meaning of the Criminal Code, each member of the committees shall disclose any conflicts of interest and activities in fields that concern the committee's areas of competence, and in particular

a) professional activities;

b) consulting or expert activities for cantonal services;

c) participation in other public or private governing bodies. [7]

2 The committee member shall promptly report any change in conflicts of interest that occurs during their mandate.

3 The information shall be collected by the competent Department.

4 A committee member who, at the time of appointment, failed to disclose all their conflicts of interest or failed to report a change during their mandate may be dismissed for this reason.

[6] Art. modified by R 29.3.2023; in force since 1.1.2024 - BU 2023, 131.

[7] Para. modified by R 30.8.2023; in force since 1.1.2024 - BU 2023, 282.

[8] Art. repealed by R 6.3.2012; in force from 9.3.2012 - BU 2012, 95; previous amendment: BU 2010, 126.

1 In the activities of the commissions, the provisions regarding secrecy, confidentiality, and personal data protection are applicable.

2 The use and dissemination of commission data and documents during courses, debates, and press conferences require the prior consent of the Appointing Authority.

1 The establishment of working groups is justified to address topics and subjects that

a) require interdepartmental and/or interdisciplinary involvement;

b) refer to individual projects;

c) are exhausted within short-to-medium term deadlines, upon the conclusion of the mandate for which they were established.

2 For all other matters, the provisions established for committees shall generally apply.

[9] 1 Members of commissions and working groups established by the Council of State and its subordinate bodies upon its delegation, or established by law, are entitled to the following allowances, subject to paragraphs 2 and 3 and Article 10

a) sitting allowance;

b) chairmanship allowance;

c) travel allowance;

d) allowance for preparing reports or decisions.

2 Members of commissions and working groups not established by law and appointed to represent public bodies or economic and trade union associations are entitled only to the travel allowance; any allowances paid by the proposing body or association are reserved.

3 For members who are state employees and not appointed to represent bodies and associations according to paragraph 2, the time dedicated to the function is considered working time; they are entitled only to the travel allowance and to other specific allowances and expenses.

[9] Art. modified by R 15.10.2025; in force from 1.11.2025 - BU 2025, 208.

1. For sittings and on-site inspections, the indemnities granted to presidents, members, and secretaries are as follows

a) half-day sittings (less than 5 hours): fr. 100.--; [10]

b) full-day sittings (at least 5 hours): fr. 190.--.

2. Members of commissions who reside outside the Canton may be granted a supplement equal to 50% of the sitting indemnities.

3. Indemnities for the preparation of particularly demanding reports or decisions shall be determined on a case-by-case basis by the State Council upon joint proposal from the commission president and the central human resources department.

4. Presidents of commissions who are required to undertake a significant commitment outside of the commission's sittings may be paid an equitable annual indemnity, to be determined on a case-by-case basis by the State Council.

[10] Let. amended by R 15.10.2025; in force since 1.11.2025 - BU 2025, 208.

For business trips, meals and accommodation, the allowances provided for State personnel are recognized.

1 The invoices for the payment of indemnities (forms and attendance lists) must be sent to the services responsible for execution, provided with the visa of the president of the commission or working group.

2 Payment occurs on a monthly basis by the Finance Section.

1 The presence of Cantonal representatives on bodies is established by special laws and by the articles of incorporation, statutes, and other governing instruments of the companies, foundations, and entities concerned. [11]

2 The designation, subject to the participation of members of the Council of State according to specific provisions, generally follows the criteria indicated in article 4. [12]

3 Representatives who are state employees serving on Boards of Directors or Foundation Boards perform their role as ancillary employment within the meaning of the LORD.

4 The time dedicated to this function is considered working time.

[11] Para. amended by R 30.8.2023; in force since 1.1.2024 - BU 2023, 282.

[12] Para. amended by R 30.8.2023; in force since 1.1.2024 - BU 2023, 131 and 282.

... [13]

[13] Art. repealed by R 18.3.2014; in force from 21.3.2014 - BU 2014, 163.

All daily allowances owed to state-employed representatives on boards of directors or foundations and to members of state-employed commissions and working groups are subject to Articles 3, 4 and 5 of the regulations concerning allowances for state employees.

The State Chancellery maintains and updates the list of commissions, working groups, and representations to bodies established according to this Regulation.

The present regulation shall be published in the Official Gazette of Laws and Executive Acts and shall enter into force immediately. [14]

Published in OG 2008, 231 and 241.

[14] Entry into force: 9 May 2008 - OG 2008, 231.