Act on the Ombudsperson (Ombudsperson Act) (Ombudsgesetz) - Duties (ZPO)

1. The Ombudsperson assists the public in dealings with the administration and the judiciary. They primarily work towards an amicable settlement.

2. The Ombudsperson fulfills this task by

a. overseeing the legality and appropriateness of administrative actions in the canton and municipalities as well as judicial procedures, and in doing so,

b. encouraging the administration and the judiciary to adopt citizen-friendly behavior and protecting them from unjustified accusations.

3. The Ombudsperson receives reports from employees concerning grievances (§ 38a Personnel Act[3]).

1. Jurisdiction of the Ombudsperson includes

a. the administration of the canton, including the cantonal government;

b. * the administrations of resident and citizen municipalities, including municipal authorities as per § 6 para. 1 of the Municipal Act;

c. cantonal and municipal institutions and enterprises, as well as private and privately organized entities, insofar as they exercise sovereign functions in the fulfillment of public-law tasks;

d. judicial authorities, insofar as it concerns the administration of justice or the timing of judicial procedures.

2. Excluded from the jurisdiction of the Ombudsperson

a. the Cantonal Parliament (Landrat), the municipal councils, as well as the municipal assemblies of residents and citizens;

b. * all authorities regarding their legislative activities;

c. all authorities concerning appeal procedures;

d. national churches and religious communities recognized by the canton.

1. The Cantonal Council elects the Ombudsperson by an absolute majority of its members. A special cantonal commission consisting of 13 members prepares the election and submits a proposal.

2. Eligible are all legally competent and entitled to vote individuals with Swiss citizenship and residency in the Canton of Basel-Landschaft.

3. ...

4. The Cantonal Council generally elects 2 persons who share the office and ensure mutual representation.

5. In a job-sharing dual appointment, the two persons agree on the distribution of the total workload after the election. No workload shall be less than 40 percent of a full-time position.

6. If an agreement on the distribution of the total workload is not reached, the distribution will be in equal parts.

7. If one of the two persons resigns during the term of office, the Cantonal Council ensures that the position is refilled for the remainder of the term.

1. The Ombudsperson may not engage in any activities that could impair their independence in performing their duties or that are otherwise incompatible with the responsibilities of an Ombudsperson.

2. Particularly incompatible with the office of Ombudsperson are

a. * a leadership position in a political party;

b. * another public office or employment with entities responsible for public duties in the Canton of Basel-Landschaft.

3. The Supervisory Commission of the Cantonal Parliament may authorize activities alongside the performance of the Ombudsperson role, provided the deputy function is assured. The Supervisory Commission informs the Cantonal Parliament about the granting of such authorization.

4. The Ombudsperson shall inform the Cantonal Parliament in writing about any conflicts of interest prior to taking office. The State Chancellery makes the register of conflicts of interest publicly available.

1. The District Administrator determines the remuneration of the Ombudsperson.

1bis. ...

2. The official seat of the Ombudsperson is in Liestal.

1. The Ombudsperson employs the staff within the framework of the budget credit approved by the Landrat.

2. The staff work exclusively according to the instructions of the Ombudsperson.

1. The financial management of the Ombudsperson is subject to the Financial Budget Legislation, unless this law contains specific provisions.

2. The Ombudsperson

a. exercises independent authority over the budget appropriations approved by the Landrat;

b. independently makes decisions on budget overruns and transfers;

c. independently authorizes expenditures for which the Landrat is not responsible;

d. ensures appropriate controlling measures are implemented.

3. Supplementary credit requests from the Ombudsperson are submitted to the Landrat without alteration.

4. The Government Council may submit a proposal to the Landrat to amend the supplementary credit requests of the Ombudsperson.

1. The Ombudsperson prepares their own task and financial plan.

2. The Government Council adopts the Ombudsperson's task and financial plan unchanged into that of the canton.

3. The Government Council may submit a proposal to the Landrat for changes to the Ombudsperson's task and financial plan.

1. The provisions of the Court Organization Act (GOG) apply mutatis mutandis to the recusal of the Ombudsperson. The Ombudsperson decides on their own recusal.

2. If both Ombudspersons recuse themselves, the Landrat selects a deputy upon the proposal of the Executive Board. A simple majority of those voting is required for the election.

1. The Ombudsperson shall act upon the request of an interested party. They may also act upon the suggestion of an entity within their jurisdiction (§ 2 para. 1) or on their own initiative.

2. The Ombudsperson may investigate a current or completed matter.

1. If a person presents a concern to the District Council or one of its committees that also falls within the jurisdiction of the Ombudsperson, the executive board of the District Council or the committee shall inquire with the Ombudsperson whether the matter is pending with them.

2. If the matter is also pending with the Ombudsperson, the executive board of the District Council or the committee and the Ombudsperson shall coordinate the further proceedings.

3. The matter is usually first addressed by

a. the Ombudsperson in cases of individual concerns;

b. the District Council or its committee in matters of a general nature.

1. If the Ombudsperson decides to investigate a matter, they ascertain the facts, inform the concerned party, and review their conduct for legality and appropriateness.

2. To clarify the facts, the Ombudsperson may also conduct inspections and, in exceptional cases, consult experts if the assessment of a situation requires special knowledge.

3. Authorities are obligated to provide the Ombudsperson with information and access to records regardless of official secrecy. Exceptions include restrictive provisions of the federal government, professional secrecy, and a right to refuse to testify analogous to the Swiss Code of Criminal Procedure (StPO).

4. The Ombudsperson and their staff are subject to the same confidentiality obligations as the authorities providing the information.

5. Authorities have the right to provide statements.

1. The Ombudsperson may

a. * provide advice to the applicant on future conduct;

b. * discuss the matter with the authorities and, if necessary, involve third parties in the discussions;

c. * issue a written recommendation to the involved authorities. This recommendation is also provided to the supervising authority, the applicant, and, at discretion, to other authorities and parties involved.

1bis. If the Ombudsperson issues a recommendation to an authority, the authority shall, as a rule, inform the Ombudsperson and, if applicable, the applicants within 4 weeks about the conclusions they have drawn from it.

2. The Ombudsperson has no authority to issue directives to other authorities.

1. Utilization of the Ombudsperson is free of charge.

1. The Ombudsperson shall submit a written report on their official activities to the Landrat annually. They shall also deliver this report to the municipal councils and citizens' councils.

2. The Ombudsperson points out deficiencies in the existing law and administrative activities, among other things, and suggests improvements.

3. The official report requires approval by the Landrat.

4. The Ombudsperson may, at any time, present individual reports to the Landrat, the Government Council, the Cantonal Court, and the municipal authorities.

1. The Ombudsperson may present their concerns orally to the Cantonal Parliament, the Executive Council, the Cantonal Court, and the municipal authorities.

1. The Ombudsperson does not disclose information about facts that oblige them to confidentiality when reviewing their reports.

1. The Law of October 30, 1941, regarding the Organization of Judicial Authorities (Judiciary Act) is amended as follows: ...

1. The Act of September 21, 1961, concerning the Code of Civil Procedure (ZPO) is amended as follows: ...

1. The Law of October 30, 1941, concerning the Code of Criminal Procedure (StPO), is amended as follows: ...

1. The Act of June 5, 1978, on the Civil Service (Civil Service Act) is amended as follows: ...

1. The first term of office of the Ombudsman lasts until March 31, 1990.

1. This law shall come into force on January 1, 1989.