Act on the Organization of the Council of State (LOCE) - Election (LOCE)

1. The members of the Council of State are directly elected by the electorate for five years. They are eligible for re-election.

2. The complete renewal of the Council of State takes place at the same time as that of the Grand Council.

1. Elections are conducted by list voting, with an absolute majority required in the first round, and if necessary, a relative majority in a second round.

1. Any designation of person, status, position, or profession used in this law applies equally to men and women.

1. Members of the Council of State cannot sit in the Federal Chambers.

1. A person elected simultaneously to the Council of State and to one of the two Federal Chambers must choose one of the two mandates within ten days of the election that created the incompatibility. Failing this, they are deemed to have resigned from the Council of State.

1. The following may not simultaneously be members of the Council of State

a. spouses, registered partners, and persons factually leading a shared life;

b. a person and the brother or sister of their spouse, registered partner, or the person factually leading a shared life with them;

c. relatives by blood and by marriage in the direct line, and in the collateral line, relatives by blood and by marriage up to and including the fourth degree.

1. The following may not simultaneously sit, one on the Council of State and the other on the Cantonal Court

a. spouses, registered partners, persons de facto leading a life as a couple;

b. a person and the brother or sister of their spouse, registered partner, or the person de facto leading a life as a couple with them;

c. ascendants, descendants, and in-laws in the direct line, and, in the collateral line, relatives and in-laws up to and including the third degree.

1. When a case of incompatibility as defined in Articles 8 and 9 arises between two members of the Council of State or between a member of the Council of State and a member of the Cantonal Court, the one who causes it must withdraw.

1. Members of the Council of State may not engage in any other lucrative official or private functions.

2. Functions exercised under a delegation are reserved.

1. A member of the Council of State may be assigned by the Council to a matter not related to their department.

2. They may be authorized by the Council of State to accept a special mission of public interest that does not fall within their duties.

1. The powers of the former Council of State continue until the new government assumes office.

2. The newly elected Council of State assumes office on July 1st following the proclamation of the election result.

1. A member of the Council of State may resign their mandate at any time. As a general rule, they remain in office until the new State Councilor takes office. They submit their resignation to the President of the Grand Council through the Council of State.

1. In case of a vacancy, a supplementary election to the Council of State shall be organized within ninety days, unless a full election takes place within six months.

1bis. In the event of the application of Article 14, the time limits mentioned in paragraph 1 start upon receipt of the resignation by the President of the Grand Council.

2. In the event of a replacement during the legislature, the newly elected member shall take office within forty-five days after the announcement of the election results.

1. Before taking office, the members of the Council of State solemnize, before the Grand Council or before a delegation of this body, the following promise

- "You promise to be faithful to the Federal Constitution and to the Constitution of the Canton of Vaud.

- "You promise to maintain and defend, on all occasions and with all your power, the rights, liberty, and independence of your country; to procure and advance its honour and profit, as well as to avoid or prevent anything that could bring it loss or damage.

- "You also promise to conscientiously exercise the important office to which your fellow citizens have called you; to always have, in all that shall be planned, discussed, and resolved, truth and justice before your eyes; to oppose with all the strength and zeal of which you are capable anything that could harm the principles of religion and morals; to execute the laws with courage and firmness; to ensure the maintenance of public order; to always appoint the person you believe to be the most enlightened, the most honest, and the most suitable for the position in question; to keep secret opinions as well as matters and affairs that should not be revealed, except at the appropriate time and place; finally, never to exceed the powers that the Constitution grants to the Council of State."

2. The words "the principles of religion and..." are deleted for any member of the Council of State who requests it.

1. After the President and the Vice-President, the members of the Council of State take precedence according to the order of their first election; if they were elected at the same time, the number of votes obtained during their first election is decisive.

1. Members of the Council of State must reside in the canton.

1. Independently of the matters that fall within its jurisdiction according to the Constitution and special laws, the Council of State exercises the powers mentioned in this chapter.

1. Subject to the powers of the Grand Council, the Council of State directs cantonal policy; it coordinates the activities of its members and those of the departments.

2. It adjudicates on conflicts of competence between the departments.

3. When a matter falls under the jurisdiction of multiple departments, the Council of State assigns one of them to lead the studies of the interested departments and to present a comprehensive report to it.

1. The State Council is responsible for relations with the Confederation, other cantons, neighboring regions, and other States.

2. It undertakes any useful initiative to ensure collaboration with the Confederation, other cantons, neighboring regions, and other States.

3. It may allocate subsidies to organizations and collaboration programs to which the Canton of Vaud is a party in the form of annual contributions or financial support for the realization of specific projects.

4. It may allocate subsidies to organizations active in the field of humanitarian aid and development cooperation for the realization of specific projects.

1. The Federal Affairs Conference (hereinafter: the conference) is composed of the members of the State Council and the Vaud members of the National Council and the Council of States.

2. The purpose of the conference is to contribute to optimal consultation and coordination among the members of the Conference, through regular and systematic information exchange on federal matters of importance to the canton.

3. The conference may invite deputies and third parties to its sessions.

4. The conference may meet in limited thematic delegations.

1. The Council of State may conclude intercantonal conventions or international treaties without parliamentary approval when such authority is granted to it by a law, an intercantonal convention, or an international treaty approved by the Grand Council.

2. Furthermore, within the scope of its financial powers, it may conclude intercantonal conventions or international treaties of minor scope without parliamentary approval. Conventions or treaties of minor scope are considered to be agreements that

a. do not create new obligations for the Canton of Vaud nor entail a renunciation of existing rights;

b. serve to implement prior conventions or treaties approved by the Grand Council;

c. are primarily addressed to authorities and do not establish rights or obligations for individuals, nor create joint bodies, regulate administrative or technical matters, or do not entail significant expenditure;

d. pertain to matters falling within the regulatory power of the Council of State to the extent that the exercise of this power necessitates the conclusion of an intercantonal convention or an international treaty.

3. The Council of State shall inform the Grand Council annually about the intercantonal conventions or international treaties it has concluded on the basis of this article.

1. The Council of State is competent to enter into program agreements with the Confederation.

2. Before entering into such agreements, it informs the Grand Council by transmitting the draft program agreements to the Bureau of the Grand Council and setting a deadline for submitting any observations.

3. On a case-by-case basis, the Council of State may delegate its competence to enter into a program agreement to a department, which informs the Grand Council in accordance with the previous paragraph.

1. The Council of State is competent in matters of long-term loans (commitments with a duration exceeding 12 months) on behalf of the State of Vaud, within the global loan limits set annually by the Grand Council.

2. It has a current account at BCV. The maximum overdraft amount is determined in the decree of the Grand Council setting the ceiling for loans contracted by the State of Vaud; it is included within the limits of overall indebtedness.

1. Other financial powers of the Council of State are established in the finance law [A].

1. Within four months of taking office, the Council of State shall adopt the legislative program and the related financial planning. It shall present them to the Grand Council, which takes note of them.

2. The Council of State may decide to modify the legislative program and the financial planning. These modifications shall be presented to the Grand Council, which takes note of them.

3. At the beginning of each year, as part of its annual report, the Council of State shall inform the Grand Council about the progress of the legislative program.

1. The State Council establishes a foresight commission, which fulfills the missions attributed to the foresight body provided for in Article 72 of the Constitution.

1bis. The composition of the foresight commission is ratified by the Grand Council at the beginning of the legislative term.

2. The State Council uses the work of the foresight commission, particularly in the preparation of the Legislative Program.

3. The State Council determines the organizational arrangements of the foresight commission.

1. The State Council is competent to accept and settle on behalf of the State the inheritances, legacies, and donations.

1. The Council of State is competent to act in legal proceedings on behalf of the State.

1. In accordance with Article 125 of the Constitution [B], the Council of State may issue all decrees and make all decisions to address serious threats or other exceptional situations. The decrees must be limited in duration.

1. If the election for the Grand Council, the Council of State, and the judicial authorities cannot take place due to an extraordinary situation, their mandate is extended until the reestablishment of a normal situation.

2. If fewer than four members of the Council of State are able to perform their duties, the Bureau of the Grand Council appoints the necessary deputies to fill this vacancy, taking into account the previous political distribution.

3. The appointed individuals have the same rights and obligations as an elected member of the Council of State (see Const. [B], art. 125 and LProP [C], art. 18).

1. As soon as circumstances permit, the Council of State shall convene the Grand Council without delay. If the Grand Council is already convened, the Council of State shall refer the matter to it without delay.

2. In accordance with the law on the Grand Council [D], it shall submit to the latter the explicit legal norms necessary to maintain the measures taken pursuant to Article 26a. A detailed report on the activities of the Council of State shall be attached.

3. Measures for which the legal basis is neither submitted to nor accepted by the Grand Council or by the people, pursuant to Articles 83 and 84 of the Constitution [B], are ipso facto repealed.

1. Upon taking office, the Council of State selects one of its members to assume the role of President of the Council of State, in principle, for the duration of the legislative term. At the same time, the Council of State appoints the head of each department as well as their deputy. The most senior member in terms of service oversees the discussions leading to these decisions. Once these decisions are made, the designated President assumes office.

2. These decisions are published in an official decree that expires at the end of the legislative term.

3. A member of the Council of State may not refuse the department or deputy role assigned to them.

1. During the legislative session, the Council of State shall assign departments in the event of a replacement and when the regulation provided for in Article 61, paragraph 2, is substantially modified. Article 27, paragraphs 2 and 3, applies to its decisions.

1. During the legislative session, the appointment of a new president is authorized when the position can no longer be exercised politically, sustainably, or reasonably by the member currently holding the office.

2. The current president remains in office until a new decision is made. However, the senior member by tenure presides over the discussions leading to this decision.

1. The President ensures the coherence of government action, coordinates the activity of the departments, and oversees their proper functioning.

2. To this end, with the collaboration of the collegial body, the President

- manages the planning of the Council of State and organizes the monitoring of its activities;

- develops the work program and the agenda for the sessions of the Council of State;

- ensures the representation of the Council of State;

- conducts relations with the powers and authorities of the canton as well as external relations;

- coordinates and supervises the communication of the Council of State;

- develops information and collaboration between the departments;

- leads general and transversal initiatives, projects, and processes, in particular the legislative program and its financial planning;

- provides support to the members of the Council of State when requested by the head of the department concerned or by decision of the collegial body.

3. As part of their responsibility to ensure the proper functioning of the departments, the President proposes to the Council of State any measure capable of remedying proven dysfunctions.

1. The President directs the debates of the Council of State.

1. The President signs the dispatches made in the name of the Council of State with the Chancellor.

1. The State Council elects from among its members, at the start of the legislative session and then each year thereafter, a vice-president, according to the principle of rotation.

1. The State Chancellor is appointed by the Council of State through a secret ballot and by an absolute majority of votes.

1. The rules of incompatibility provided in Article 8 are applicable to the Chancellor concerning the members of the Council of State. Article 10 applies by analogy.

1. Before taking office, the Chancellor shall solemnize the following promise before the Council of State

- "You promise to be faithful to the Federal Constitution and to the Constitution of the Canton of Vaud, to maintain and defend the freedom and independence of the country, to perform your duties with conscience, diligence, and fidelity, and to scrupulously comply with the general and particular duties that are or will be imposed upon you by the laws and their implementing provisions.

- "You thus promise to act in all circumstances in accordance with the interests of the State of Vaud and to refrain from anything that could cause it loss or damage."

1. The chancellor assists the presidency and the Council of State in carrying out their duties, particularly in matters of coordination. The Council of State grants the necessary powers for this purpose.

2. …

3. The State Chancellery is attached to the department whose head assumes the presidency.

1. The chancellor attends the sessions of the Council of State and keeps the minutes.

2. The State chancellor assists the presidency of the Grand Council and that of the Council of State in the coordination of activities and the transmission of information.

1. The seals and archives of the Council of State and the Grand Council are under the custody of the chancellor.

1. The Chancellor issues, upon request, extracts of the minutes to the members of the Council of State and to the departments.

1. The chancellor is assisted by one or more vice-chancellors.

1. The Council of State may not deliberate unless at least four members are present.

2. Even if the quorum is not met, the Council of State may settle matters that the present members consider as routine or urgent.

3. The minutes shall record the members present and absent.

1. When the Council of State is not in full session, a member may request the postponement of a deliberation.

1. Decisions are made by the Council of State as a body.

2. They are made by a majority of the members present. The president's vote is decisive in the event of a tie.

3. A decision can only be overturned by a majority of at least four votes.

1. A member of the Council of State may not participate in a decision that affects them privately or concerns their spouse, registered partner, the person with whom they are effectively living as a couple, or any of their relatives or in-laws up to the fourth degree inclusive. The Council of State decides on the recusal; if it is granted, the magistrate in question withdraws.

2. These circumstances are recorded in the minutes.

1. During regular sessions, the Council of State, after approving the minutes of the previous session and reviewing the correspondence, discusses general policy issues, allocates matters among the departments, and deliberates on their proposals.

2. In addition, it is informed by its members about the status of significant matters.

1. Every member of the Council of State has the right to have their opinion recorded in the minutes.

1. Appointments shall take place by secret ballot if requested by a member of the Council of State.

1. The discussions of the Council of State are held confidential, unless it decides otherwise.

1. The Council of State may establish delegations among its members responsible for the preliminary examination of important matters.

1. Decrees and regulations of the Council of State are drafted in the following form

1. In addition to the commissions established by special laws, only the Council of State may create permanent commissions for the purpose of advising or supporting the government and the cantonal administration.

2. The rationale, tasks, and composition of the permanent commissions established by the Council of State are reviewed as often as necessary, but at least every five years.

1. Members of the permanent committees are appointed for five years in the year following the start of the new legislature.

2. Except with the express exemption of the Council of State, they are relieved from their mandate at the end of the year in which they reach the age of 70 years.

3. The Council of State may at any time relieve of their mandate a member of a committee that it has appointed on its own initiative, without being required to indicate the reasons to them.

4. In the event of resignation, dismissal, or end of mandate due to age, the outgoing member may be replaced for the remainder of the duration of the legislature.

1. The Council of State may establish temporary committees for the study of a specific matter.

1. The Council of State ensures the balanced representation of both sexes and the adequate representation of different interest groups within the commissions.

1. The members of the commissions are compensated according to a schedule [E] set by the Council of State.

1. A member of a commission who has a personal interest in a matter being addressed by the commission is required to disclose it before discussing the matter. This disclosure is recorded in the minutes.

2. The obligation of recusal is governed by the laws applicable to the commission's activities.

1. Unless expressly provided otherwise by law, Articles 54a, 56, 57, and 57a apply to commissions established by special laws as well as to temporary commissions.

1. The Council of State issues directives to the departments that create temporary commissions including individuals external to the cantonal administration.

1. The State Chancellery maintains a public register of permanent and temporary commissions established by law or the Council of State.

2. This register lists these commissions using a uniform terminology.

1. Subject to special laws, Articles 54 and 56 above apply by analogy to persons whom the Council of State delegates to various councils or institutions.

1. The Council of State and its members may request, for the fulfillment of their duties, the collaboration of general services attached to departments.

2. Regardless of the departments to which they are attached, the general services collaborate in the execution of the presidency's missions under the authority of the president, who provides them with the necessary instructions for this purpose.

1. The Council of State has under its direct orders a prefect in each district.

2. The Council of State establishes the organization of the prefectures and determines their personnel.

1. There are seven departments.

2. A regulation of the Council of State [F] establishes the names of the departments, their organization, and their coordination. Special laws are reserved.

3. Services are grouped within departments according to criteria of efficiency, coherence, and balance.

4. The Council of State informs the Grand Council of the organizational changes it decides upon under paragraph 2.

1. Each member of the Council of State heads a department; they take the title of head of department.

2. They have a deputy who replaces them in case of absence or impediment.

3. On a special or temporary basis, a member of the Council of State may be designated as an ad hoc deputy for another head of department.

1. Administrative services may be subdivided, notably into offices and departments.

2. The Council of State may consolidate services into a directorate or a general directorate.

3. The Council of State determines budgetary units upon the proposal of the general service responsible for budgeting and accounting.

1. Each department is equipped with a general secretariat that consolidates the support functions to the department's management into a headquarters staff.

2. Under these headquarters functions, the general secretariat supports the political and administrative management of the department; it assumes in particular roles of coordination, information, management control, and act as a liaison. It collaborates in the design and implementation of common or coordinated State policies. It may also be assigned one or more specific tasks.

3. Furthermore, the general secretariat may undertake logistical or support tasks on behalf of the department's services, for example, in areas such as personnel management, finance and accounting, research, or information technology.

1. Departments present to the deliberation of the Council of State the draft laws and decrees, reports, regulations, and orders that fall within their jurisdiction.

2. They submit to the deliberation of the Council of State the proposals concerning matters for which they have been tasked by the Council or that fall within their jurisdiction.

1. The departments manage the affairs that fall under their jurisdiction by virtue of the law and those that the Council of State has assigned them to settle.

1. With the approval of the Council of State, a department head may delegate certain powers in specified areas to a senior official.

2. The State Chancellery maintains a register of these delegations of authority.

1. When a decision made under Article 67 is subject to an appeal, the head of the department to which it pertains is informed and is the only one who may withdraw or modify it during the appeal proceedings.

1. Each department collects the revenues and incurs the expenses within the scope of its responsibilities and within the limits of the budget.

2. It cannot use funds for purposes other than those provided for by the budget or special decrees.

3. It ensures that the allocated funds are not exceeded.

1. Departments have, each within the scope of their responsibilities, special funds in accordance with their purpose. Exceptions are reserved for cases where a decision from the Council of State is necessary.

1. The Law on the Organization of the Council of State of November 10, 1920, amended on August 29, 1939, December 18, 1940, December 17, 1947, May 22, 1951, May 19, 1953, May 22, 1956, May 18, 1959, May 23, 1961, May 13, 1963, May 11, 1964, February 22, 1965, and February 24, 1969, is repealed.

2. Articles 1, 2, 4, 5, 6, 7, 11, 16, 31, 34, 52, 61, 71 to 78, verbatim from the laws of November 10, 1920, May 23, 1961, February 22, 1965, and February 24, 1969, are incorporated into the present law.

1. The Council of State is responsible for the publication and execution of this law, which shall enter into force on April 1, 1970, except for Article 79, which shall enter into force on March 1, 1970.

1. The Council of State shall adopt and publish the regulation provided for in Article 61, paragraph 2, above, as soon as the deadline for the referendum has expired.

1. The budget for the year 1998 shall be presented and adopted by the Grand Council following the current organization of departments. It shall be converted according to the organization resulting from the present law and the regulation which will be communicated to the Grand Council for the April 1998 session.

2. The costs incurred by the organizational changes will be charged either to the 1998 budget according to the procedure applicable to supplementary credits or to the ordinary budget of the following fiscal years, depending on their accounting date.

1. Upon the adoption of this law, the departments shall propose (art. 65) the legislative and regulatory adaptations necessitated by this law. These adaptations shall be made by the Council of State, and, if necessary, proposed to the Grand Council for deliberation, starting from March 30, 1998, and in all cases before the end of June 1999.

2. Insofar as it pertains solely to assigning competence to a department or service, the Council of State is authorized to amend the legal text by decree. It shall first consult the drafting commission of the Grand Council. The same procedure may be followed when the legal norm constitutes solely an organizational provision for which the Council of State is now competent, according to articles 61 and 64 above.

3. In the absence of an express attribution of competence, the principles resulting from the Official Directory shall prevail. Upon request from a department, a person, or an interested organization, the Council of State shall resolve any potential conflicts of competence.