Municipalities Act - Purpose of the Law

1. This law governs the basic principles of the organization of municipalities, their cooperation among themselves, with the canton, other bodies and institutions, as well as the supervision of the municipalities by the canton.

1. The only type of municipality in the canton is the resident municipality. It fulfills all local tasks that are not handled by the federal government or the canton and that cannot reasonably be left to private individuals.

1. The municipalities fulfill their tasks independently within the framework of the superior law. The independence of the municipalities extends to both their own tasks and delegated tasks, as well as to both legislation and application of the law.

1. The municipalities establish their organization within the framework of the constitution and law in the municipal code.

2. The municipal code determines the organization of the authorities and administration, the duties and powers of the bodies, as well as the participatory rights of the eligible voters.

3. The municipal code is subject to a popular vote and requires approval by the government council for its validity.

1. The regular general renewal elections and the supplementary elections take place simultaneously in all municipalities. The government council sets the election date. The new term of office begins on June 1.

2. The government council may grant one or more municipalities a postponement of the election date.

1. Eligible for election to the municipal parliament, the municipal council, and the business audit commission is anyone who is entitled to vote in the municipality.

2. Eligible for election to the municipal presidency is also anyone who does not yet have a residence in the municipality. The elected person must relocate their residence to the municipality no later than at the time of taking office. Otherwise, the office cannot be exercised.

1. No individual may simultaneously be a member of

a) the municipal parliament and the municipal council

b) the municipal council and the audit commission

2. Apart from the municipal parliament, the following individuals may not simultaneously belong to the same authority: parents and children, siblings, spouses, partners of a registered partnership, or partners in a permanent life partnership.

1. The term of office for members of the authorities elected by eligible voters corresponds to the term of office of the cantonal authorities. Elections are held for a term of office or for the remainder of such a term.

2. Resigning members remain in office until the newly elected members assume office.

1. Members of authorities and officials of municipal administrations must recuse themselves from dealings that concern them.

2. Further details are determined by the Administrative Procedure Act.

1. Minutes are kept of the proceedings of each municipal authority. These include the resolutions and the essential considerations.

2. The minutes of the preceding meeting and the circular resolutions issued in the meantime are to be submitted for approval, usually at the next meeting.

1. Members of the authorities, officials, employees, as well as third parties who perform public tasks for the municipality, are obligated to maintain confidentiality regarding official matters, insofar as these concern facts and circumstances whose secrecy is required in the interest of the municipality or the persons involved.

2. The duty of confidentiality remains in effect even after leaving office.

1. The public nature of meetings, the information of the population about the activities of the authorities, as well as the right to inspect official documents, is governed by the provisions of the Cantonal Constitution and the Information Act.

2. Generally binding resolutions of the municipal authorities must be published.

1. All important documents or electronically stored data records must be retained and protected from loss, destruction, or unauthorized access by third parties through appropriate technical and organizational measures.

2. ...

1. Organs of the Municipalities are

a) the entirety of eligible voters,

b) the municipal council,

c) the audit committee.

2. The municipalities may establish a municipal parliament as an additional organ.

1. The eligible voters exercise their rights at the municipal assembly or at the ballot box according to the regulations in the municipal ordinance.

2. During votes at municipal assemblies, eligible voters can submit motions for amendment, rejection, or review of listed proposals. Motions concerning non-listed matters are referred to the municipal council for examination.

1. The eligible voters elect in particular

a) the members of the Cantonal Council,

b) * the mayor and the other members of the Municipal Council,

c) * ...

d) * the president and the other members of the Audit Commission.

2. In municipalities with a municipal parliament, the eligible voters also elect the members of the municipal parliament. In these cases, the members of the Audit Commission are elected by the municipal parliament.

3. The eligible voters decide on

a) the enactment and amendment of the municipal code,

b) the enactment, repeal, and amendment of generally binding regulations of the municipalities, provided that cantonal law does not stipulate a different jurisdiction,

c) agreements with a legislative character,

d) the annual financial statements,

e) * the budget and tax rate,

f) new one-time or recurring expenditures in accordance with the municipal code,

g) changes to the municipal territory, excluding boundary corrections,

h) membership in associations, the approval or significant amendment of the statutes of associations,

i) matters assigned to them by special legal provisions.

1. In municipalities with a municipal parliament, the following matters are in all cases reserved to the electorate

a) the enactment and amendment of the municipal code,

b) the approval of expenditures in accordance with the provisions of the municipal code,

c) the introduction of new taxes and levies,

d) the election of

1. the members of the Cantonal Council,

2. the members of the municipal parliament,

3. * the mayor and the other members of the municipal council,

4. * ...

1. The following are subject to a mandatory vote in all cases

a) Adoption and amendment of the municipal code,

b) Decision-making on expenditures in accordance with the municipal code,

c) Introduction of new taxes and levies, provided that cantonal law does not specify otherwise.

2. The municipal code may subject the powers of the voters to an optional referendum. The municipal code shall specify the conditions, particularly the required number of signatures.

1. The Municipal Council is the leading, planning, and executive body of the municipality. It consists of at least five members.

2. It exercises all powers that are not expressly reserved to the eligible voters or assigned to another body.

3. The Municipal Council

a) plans and coordinates the activities of the municipality,

b) drafts decrees and resolutions for submission to the eligible voters or the municipal parliament,

c) executes the resolutions,

d) organizes and supervises the municipal administration,

e) represents the municipality externally.

1. The municipal council decides on expenditures within its jurisdiction. It makes decisions on fixed expenditures and changes in financial assets without restriction.

1. The Municipal Council takes measures, even without explicit legal authorization, to address serious disturbances of public order and safety that have occurred or are immediately threatening.

1. The Mayor presides over the Municipal Council. He or she directs, plans, and coordinates the work of the Municipal Council.

2. He or she takes the necessary precautionary measures in urgent cases.

3. Additionally, he or she is responsible for areas determined by cantonal law.

1. The Municipal Clerk directs the municipal office.

2. The Municipal Clerk participates in the council meetings with an advisory vote and is responsible for keeping the minutes.

1. The Audit Commission examines the municipal accounts in accordance with the provisions of the Financial Budget Act.

2. It audits the management of the municipal council and the entire municipal administration. It has the right to inspect the minutes of the municipal council and other authorities.

3. The Audit Commission submits a written report and proposal to the eligible voters or the municipal parliament and, where necessary, makes proposals for measures. The municipal council must be heard in advance.

1. The members of the commissions provided for in the cantonal legislation are appointed by the municipal council, unless otherwise provided by municipal law. Permanent commissions may be established, or special commissions may be entrusted with the preparation of individual matters, by generally binding regulation, resolution of the municipal parliament, or the municipal council.

2. Non-voting persons may also be elected as members of commissions.

1. The eligible voters may transfer powers to the municipal council or the municipal parliament, provided that the delegation is limited to a specific area and the municipal code defines its framework. Direct delegation to other authorities is excluded.

2. The municipal council may transfer its powers to committees if authorized by cantonal law or the municipal code.

1. Municipalities may organizationally make independent branches of administration that fulfill economic, social, charitable, or cultural tasks as municipal enterprises.

2. Eligible voters may transfer such tasks to public law corporations or institutions.

3. The budget is governed by the provisions of the Financial Budget Act.

1. Municipalities may assign economic, social, charitable, or cultural tasks to private law corporations or institutions.

1. The municipalities collaborate in the fulfillment of their tasks with the canton, among themselves, and possibly with extraterritorial bodies and institutions.

2. The canton promotes cooperation among the municipalities. The canton may participate in the fulfillment of tasks by the municipalities or make its services available to the municipalities.

1. If a task cannot be fulfilled otherwise, the governing council may require two or more municipalities to collaborate.

1. Municipalities can fulfill tasks by specifically

a) entering into public law contracts with the canton, other municipalities, special purpose associations, or other public-law entities or institutions,

b) jointly with the canton or collectively transferring tasks to public, mixed-economy, or private entities or institutions,

c) jointly with the canton or collectively establishing special purpose associations or institutions or participating in such organizations.

2. Municipalities can enter into private law contracts, provided that they do not establish rights and obligations that are generally binding.

3. Public law contracts with entities and institutions outside the canton require the approval of the Council of State.

1. The purpose association is a corporation under cantonal public law with its own legal personality.

2. Members are municipalities that unite to jointly fulfill one (single-purpose association) or several (multi-purpose association) thematically related municipal tasks. Other public law corporations or institutions may belong to the purpose association if they have a special relationship to the association's purpose.

1. The special-purpose association is formed with the consent of all involved municipalities, corporations, and institutions to the statutes and their approval by the Governing Council. With the approval, the special-purpose association attains legal personality. Amendments to the statutes require the consent of all parties involved and approval by the Governing Council.

2. The Governing Council may require municipalities to merge into a special-purpose association or to join an existing one if statutory tasks cannot otherwise be fulfilled. For the same reasons, it may compel a special-purpose association to admit additional municipalities. In the event of disagreement over the terms of the merger or joining, the Governing Council shall decide after hearing the parties involved.

1. The statutes shall at least contain information regarding

a) the name, members, purpose, and registered office of the association;

b) the bodies of the association, their composition, and powers;

c) the principles for the financing of the association's tasks and the manner of distribution of financial burdens among the members;

d) the conditions and procedure concerning admission and withdrawal;

e) the procedure for the dissolution of the association and the use of assets or assumption of liabilities.

1. Organs of the Special Purpose Association are at least

a) the Delegates' Assembly,

b) the Executive Board,

c) the Audit Office.

1. The assembly of delegates is composed of the representatives of the members. The delegates act according to the instructions of the sending authority.

2. Each member is entitled to at least one representative in the assembly of delegates. No member may provide more than half of the delegates.

3. The appointment and powers of the assembly of delegates are governed by the statutes.

4. The powers of the voting members of the affiliated municipalities must be preserved.

1. Appointment and Powers of the Board of Directors and the Audit Body shall be governed by the Articles of Association.

1. The statutory provisions regarding the financial budget of municipalities and its supervision also apply to special-purpose associations.

1. An association of municipalities with municipalities from other cantons, other extraterritorial bodies, and institutions can only be established if the Government Council has previously concluded an agreement with these cantons regarding the applicable law, supervision, and legal protection.

1. The municipalities manage the financial budget in accordance with the provisions of the cantonal financial budget law.

1. Municipalities, special-purpose associations, other corporations, and public-law institutions are subject to the supervision of the government council.

1. The regulations of the municipalities require approval, insofar as this is provided for in a law. They become legally valid upon approval.

2. Regulations of the municipalities requiring approval may be submitted to the competent department for preliminary examination.

1. Insofar as orders or omissions by municipalities are not subject to review within the framework of legal appeal procedures, the governing council shall take the necessary measures in the case of deficiencies in a municipality or failures by municipal bodies, provided that the municipal authorities do not rectify the defects on their own initiative.

1. The Government Council may issue directives to establish a lawful state of affairs. It may, following appropriate warning, undertake or cause to be undertaken the necessary actions in place of the municipal authorities at the expense of the municipality. It may take action against culpable members of municipal authorities, officials, and employees.

1. Appeals against decisions of authorities subordinate to the municipal council may be lodged with the municipal council. Appeals against decisions of the municipal council or the municipal parliament, as well as against final decisions of the bodies of special-purpose associations, other legal entities, and municipal institutions under public law, may be lodged with the government council, subject to differing statutory provisions.

2. Prerequisites and procedures are governed by the provisions of the Administrative Procedure Act.

3. Complaints regarding violations of voting rights, as well as irregularities in the preparation and conduct of elections and referendums, are governed by the provisions of the Act on Political Rights.

1. Supervisory Complaint Against Officials, Employees, and Administrative Authorities

A supervisory complaint may be lodged at any time with the superior authority against officials or employees as well as administrative authorities and their members if no legal remedy is available.

1. The municipalities shall amend their municipal ordinances to the extent that they do not comply with the provisions of this Act within two years after the entry into force of this Act.

1. If existing municipal communities are transformed into public law corporations by resolution of their members, a settlement of assets between the local municipality and the municipal community must take place beforehand.

1. Public law corporations with headquarters in the Canton of Appenzell A.Rh., which have been formed through the merger of municipalities, other corporations, and public law institutions to perform one or more related tasks, are recognized as special-purpose associations, provided they exist at the time of this law's enactment.

1. The following enactments are amended as follows

1. Ordinance of May 31, 1938, on Municipal Offices: Repealed

2. Law of April 24, 1988, on Political Rights

1. This law shall enter into force upon adoption by the eligible voters.