Mergers Ordinance (FusV) - Boundary Changes (FUSV)

1. If the executives of the involved corporations do not agree on the need for a border change or the conducting of the necessary votes, the council commission may be requested to mediate or may mediate on its own initiative.

2. In the case of inter-cantonal border changes, the negotiations must be conducted by the council commission.

1. The executive of a participating corporation may submit an application to the Council of State for the implementation of boundary changes.

2. If no vote on the territorial change has yet been conducted, the Council of State may order such a vote.

3. If no amicable solution is reached, the Council of State shall submit the application to the Grand Council and file a motion.

4. An important reason for ordering a boundary change is deemed to exist if the interest in the change is significantly greater than the interest in maintaining a disagreement. This is particularly the case if a subsequent merger is rendered impossible due to a minor territorial discrepancy.

1. A fundamental vote on the incorporation of one or more school districts into a district may only be conducted once the resolutions for any necessary boundary changes have been implemented.

2. If multiple school districts are to be incorporated into a district in one step, the combined areas of the school districts must correspond to the area of the district. In such a case, the incorporation can also be carried out without a prior merger of the school districts into a single school district, provided that there are concordant resolutions from all entities for the incorporation.

1. If both entities vote at the ballot box or at meetings on the principle and then on the contract when incorporating a school community by a district, the district council conducts the votes on the principle and the contract on behalf of both entities. The school board of the school community to be incorporated presents its position in the voting documents and advocates for its proposals at any meetings that may be held.

2. If one entity decides at the ballot box and the other at a meeting, the two executives may waive one of the two votes and decide that voting will either take place at the ballot box or at the meeting.

3. If multiple school communities are incorporated by a single decision, this provision shall not apply.

1. For the consolidation of a school district that has not operated its own school for five years into another school district, the rules for the merger apply, except

a) the authorities do not require a fundamental resolution for drafting an agreement;

b) the area of the inactive school district can be divided among several school districts;

c) the consolidation does not create a new school district, but the attached school district is considered dissolved;

d) the competencies and responsibilities, name and organization, the decrees of the receiving body, as well as the rights and obligations shall continue to apply to the entire new area, unless it is expressly decided otherwise with the consolidation;

e) for the transition, the authorities of the receiving school district shall undertake what is necessary, so that no preparatory body is needed;

f) the request for an order of consolidation by the Great Council can also be made by the State Commission;

g) a two-thirds majority is not required for the order of consolidation.

2. The Great Council can order a consolidation if no mutually agreed solution is reached for a justifiably reasoned consolidation solution despite mediation by the State Commission.

1. The agreement on the merger or acquisition governs the key aspects of the procedure and the structure of the future entity.

2. It designates the individuals responsible for managing the business until the official election of the new entity's governing bodies, as well as their responsibilities and powers.

3. It may contain additional provisions regarding the new entity.

1. A new district or municipal regulation must be issued for the detailed rules regarding the organization, competences, and functioning of the new body; in the case of incorporations, revisions of regulations are also possible.

2. A decision on the new regulation or a revision of regulations must be made independently of the resolution on the merger.

3. In cases of incorporations, a decision on the new regulation or the revision of regulations can be made on the same voting date, subject to the adoption of the incorporation resolution.

1. After an unsuccessful vote on a merger of more than two corporations, the executive of a participating corporation may submit an application to the Commission of the Canton for an order of merger.

2. The Commission of the Canton may mediate between the corporations.

3. If mediation is waived or no amicable solution is reached, the Commission of the Canton submits the application to the Grand Council and makes a proposal.

4. An important reason for ordering a merger is assumed if the interest in the merger significantly exceeds the interest in maintaining a difference opposing the merger.

1. Fundamental votes on mergers and final votes on boundary changes, amalgamations, incorporations, and affiliations shall take place simultaneously in the affected entities.

2. The results shall be announced simultaneously.

1. The safeguard measures for expenditures, obligations, disposals, and tax measures according to the Merger Act apply until the merged entity is established or the negotiations on a merger agreement have failed.

2. The negotiations are considered to have failed if at least one of the involved entities, with the approval of the voting population, has withdrawn the mandate for negotiations.

1. In the merger of two corporations, the cantonal contribution includes

a) the difference between the tax capacity per person in the new corporation and the tax capacity per person of the financially stronger of the two merging corporations, limited to the population size of the financially stronger corporation and the extent of the tax rate previously levied there, minus two tax percent;

b) the loss from discontinued financial equalization and hardship contributions of the two former corporations compared to the new corporation.

2. For tax capacity, the value in the last calendar year before the merger is compared with that of the new corporation in the year of the merger, each with the status of tax payments at the end of the year following the conclusion of the relevant calendar year.

3. The average tax rate in the last three years before the merger is taken as the tax rate; any extraordinary expenses, such as the construction of a new school building, are subtracted in the calculations.

4. For assessing the loss from financial equalization, the value in the calendar year before the merger is compared with that of the new corporation in the calendar year of the merger.

1. In cases of annexations and territorial changes, as well as in mergers involving more than two entities, the cantonal contribution is calculated by analogously applying the rules for mergers. Additional special effects may be considered.

2. No cantonal contribution is made when one or more school districts are absorbed by a county.

1. The cantonal contribution covers the entire calculated difference in the first year, two-thirds in the second year, and one-third in the third year.

2. The Executive Council may approve advance payments from the decision on the merger, affiliation, or territorial change.

1. The Cantonal Executive Council may regulate what is necessary for the implementation of this ordinance.

1. This regulation shall come into force on January 1, 2020.