The Geneva Council of State analyzed the report on former magistrate Fabienne Fischer, made public last week. He assures that he did not obstruct but admits “certain slowness”.
The government received the damning report at the beginning of June, after its media presentation by the management control subcommittee of Grand Conseil Geneva.
Accused of blockage, the Council of State considers on the contrary “to have fully collaborated and acted diligently”, its president, Nathalie Fontanet, indicated to the media on Wednesday.
We acted within the framework of the law (…) hence certain delays
The work of the investigations and investigations unit, attached to the cantonal information systems and digital office, has been important.
“We acted within the framework of the law, particularly with regard to the protection of the personality of employees, hence certain delays,” underlined magistrate Carole-Anne Kast, in charge of the Department of Institutions and Digital Affairs. .
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Emails kept for one year
As for deleted messages, they are kept for one year on state servers, or even longer in the event of a specific request.
Since the request in application of the law on public information, access to documents and the protection of personal data (LIPAD) of April 2023, “everything has been preserved on the orders of Fabienne Fischer”, specified the former president Antonio Hodgers.
The emails deleted by the former State Councilor three months after the end of her mandate also exist, “but no one knows what’s in them,” noted the president. In the eyes of Nathalie Fontanet, “the magistrate was undoubtedly clumsy”.
According to her, it is also up to the courts, not the management control commission, to rule on possible unfair management of public interests.
Job offers not systematically published
In response to the accusation of “nepotism” formulated by the subcommittee in relation to the engagement of a close friend of Fabienne Fischer, the government recalls that, in certain specific cases, there is no obligation to publish the position . For the rest, the directives and procedures establish a very clear framework for recruitment within the State.
The Council of State will await audits from the Court of Auditors and the internal audit service of the State of Geneva to implement the recommendations of the management control commission. “We will take all the conclusions into account,” underlined Nathalie Fontanet.
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