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Ordinance on Incompatibilities - Purpose

10 Articles / Provisions · Switzerland · Canton of Valais
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Table of Provisions (10)

Statutory Text (10 Articles)

General Provisions

1. The present regulation aims to establish the list

a) of cantonal teaching staff in a leading position (Art. 7 letter d of the Incompatibility Act of February 11, 1998; hereinafter referred to as the Act);

b) of individuals who hold a leading position in independent public law institutions and in companies with share capital, in which the canton holds at least 50 percent (Art. 7 letter e of the Act).

General Provisions

1. In this Regulation, any designation of the person, status, or function equally applies to both men and women.

Cantonal Teachers in Executive Positions

1. Cantonal Teachers in Leadership Positions are

a) Compulsory Schooling: the members of the school management, namely

1. the principal who engages in teaching,

2. the deputy who performs managerial duties at 25 percent or more,

3. the head of the school center who engages in teaching;

b) General Secondary School: the members of the board of directors, namely

1. the principal,

2. the vice principal,

3. the deputies,

4. the designations concerning the aforementioned functions refer to the commonly used titles in various cantonal schools (namely rector, prorector, school leader);

c) Vocational School: the members of the executive committee, namely

1. the principal,

2. the department heads;

d) University of Teacher Education Valais (PH-VS): the members of the PH-VS management, namely

1. the director,

2. the adjuncts;

e) Other Leadership Functions

1. the inspectors of compulsory schooling,

2. the inspectors for secondary level II (general secondary school and vocational school),

3. the educational consultants of support and special schools.

2. Persons holding a position mentioned in paragraph 1 cannot be members of the Grand Council.

Independent Institutions of Public Law

1. Autonomous Public Institutions within the Meaning of Article 7 Letter e of the Law are

a) the Compensation Fund of the Canton of Valais;

b) the Pension Fund of the State of Valais (PKWAL);

c) the Public Unemployment Fund of the Canton of Valais;

d) La Castalie;

e) the University of Applied Sciences Western Switzerland Valais/Wallis (HES-SO Valais/Wallis);

f) the Hospital Valais;

g) the Valais Observatory for Health (WGO);

h) the Cantonal IV Office Valais (IV Office);

i) the Riviera-Chablais Hospital, Vaud-Valais (intercantonal autonomous public institution).

2. The Family Allowance Fund for Self-Employed Farmers (FZS Fund) is an autonomous public institution managed by the Compensation Fund of the Canton of Valais (Art. 39 AGFamZG).

Independent Institutions of Public Law

**1. Individuals Holding Executive Positions in Independent Public Institutions are:**

a) Compensation Fund of the Canton of Valais

1. the Director of the Fund,

2. the Members of the Board;

b) Pension Fund of the State of Valais (PKWAL)

1. the Members of the Executive Board,

2. the Members of the Directorate, namely: the Director and the Deputy Director;

c) Public Unemployment Fund of the Canton of Valais: the Members of the Directorate, namely: the Director and their Deputies (Assistants);

d) La Castalie: the Members of the Directorate, namely: the Director, the Deputy Director, and the Department Heads;

e) University of Applied Sciences Western Switzerland Valais/Wallis (hereinafter: HES-SO Valais/Wallis): the Members of the General Directorate, namely: the Director of HES-SO Valais/Wallis and the Area Directors (the University Directors);

f) Hospital Valais

1. the General Director,

2. the Members of the General Directorate,

3. the Members of the Staff of the General Directorate,

4. the Members of the Directorates of the Hospital Centers of Upper Valais and French-speaking Valais and the Central Institute of Hospitals (ZIS),

5. the Members of the Staff of the Directorates of the Institutions mentioned in Item 4,

6. the Executives who report directly to the Board of Directors or the General Directorate;

g) Valais Health Observatory (WGO): the Members of the Directorate;

h) Cantonal IV Office Valais (IV Office)

1. the Director of the IV Office,

2. the Deputy Director,

3. the Assistants of the Directorate;

i) Hospital Riviera-Chablais, Vaud-Valais

1. the Members of the Institutional Council,

2. the Members of the General Directorate.

**2. Individuals Holding a Position Mentioned in Paragraph 1 Cannot be Members of the Grand Council.**

Enterprises with Share Capital in which the Canton Owns at Least 50 Percent

1. Companies with a share capital in which the canton holds at least 50 percent, in accordance with Article 7 letter e of the law, are the following

a) The Valais Cantonal Bank Ltd (WKB);

b) The Valais Electricity Company Ltd (WEG);

c) Gletsch Real Estate Ltd.

Enterprises with Share Capital in which the Canton Owns at Least 50 Percent

1. Executive Functions in the Companies Mentioned in the Previous Article are as Follows

a) Valais Cantonal Bank Ltd (WKB)

1. the members of the General Directorate,

2. the internal auditor (Inspectorate);

b) Valais Electricity Company Ltd (WEG): the members of the Directorate;

c) Real Estate Gletsch Ltd: the Director.

2. Persons exercising a function mentioned in paragraph 1 cannot be members of the Grand Council.

Final Provisions

1. Non-members of the Grand Council may, subject to special legislation, be persons who hold a board of directors mandate in independent public law institutions and in companies with share capital in which the canton holds at least 50 percent participation (Art. 7 letter e of the law).

Final Provisions

1. This regulation does not apply to the members of the Grand Council of the current legislative period (2013-2017).

Final Provisions

1. This Ordinance shall be published in the Cantonal Official Gazette and shall enter into force on July 1, 2016.

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