Act on the Organisation and Administration of Municipalities (Municipal Act, GemG) (Gemeindegesetz, GemG) - Municipalities (CPF)

1. Municipalities as defined by this law include the residential municipalities, civic municipalities, and the municipal corporations.

1. The municipalities independently regulate their affairs within the framework of the constitution and the law.

2. The government council ensures timely and appropriate consultation with the municipalities when they are affected by proposed decrees and resolutions.

1. Municipalities are subject to the supervision of the canton.

2. In matters within the municipalities' own sphere of influence, the canton's supervision is limited to legal control with the purpose of preventing violations of law, delays in legal processes, and arbitrary decisions by municipal authorities.

3. Equivalent to their own sphere of influence is that part of the delegated scope where cantonal law grants municipalities significant discretion.

1. The supreme organ of the municipality is the entirety of those eligible to vote on municipal matters.

2. The eligible voters make decisions at the municipal assembly or by voting at the ballot box.

1. Municipalities have either an ordinary or an extraordinary organization.

2. In the ordinary municipal organization, municipal decisions are generally made at the municipal assembly. A ballot vote takes place only in cases provided for by law.

3. In the extraordinary municipal organization, the eligible voters elect a representative body (residents' council) which acts on their behalf in cases provided for by law. Where they are competent themselves, they express their will through a ballot vote.

1. Municipal Authorities

1. Municipal authorities are the permanent organs of the municipality authorized to make independent decisions and appointed through election. They must consist of at least three members; this excludes § 69a.

1bis. Child and Adult Protection Authorities are not considered authorities according to paragraph 1.

2. Control organs are the bodies established to audit the accounts or activities of the authorities and their auxiliary organs.

3. Auxiliary organs are the collegially composed bodies that are neither authorities nor control organs, as well as the municipal offices with their municipal employees.

1. The provisions concerning the municipal authorities and the authority members apply to all collegially composed bodies of the municipality and their members, as well as to all collegially composed inter-municipal bodies and their members, unless otherwise expressly stipulated by law.

1. In a municipal authority, subject to specific election prerequisites in municipal ordinances, any eligible voter of the municipality is eligible for election.

2. Members of advisory bodies may also include legally competent persons who are not eligible to vote in the municipality.

1. Members of the Government Council and the Cantonal Court, as well as municipal employees, may not belong to the municipal authorities and supervisory bodies. Teachers at municipal or district schools may not belong to the municipal authorities and supervisory bodies of the municipality or the participating municipalities, unless the municipal regulations provide for compatibility. The specific incompatibilities and compatibilities applicable to the individual municipal authorities are reserved.

2. Municipal employees may belong to the municipal council and the collegially composed auxiliary bodies (§§ 104-106). Part-time municipal employees may, with the approval of the Government Council, belong to the municipal council and the other municipal authorities (§§ 91-95).

3. The Government Council designates the functions within the cantonal administration that are incompatible with membership in certain municipal authorities and supervisory bodies.

1. The members of the authority generally serve in a part-time capacity.

2. However, the municipality is free to establish a full-time position for specific posts.

1. The term of office for municipal authorities is 4 years, unless otherwise stipulated by statutory provision.

2. ...

1. The terms of office for the following authorities shall commence at the following times

a. for the municipal councils, municipal presidencies, municipal assembly presidencies, residential councils, and municipal commissions on July 1 of the years 2004, 2008, etc.;

b. for the school boards on August 1 of the years 2004, 2008, etc.;

c. for the social welfare authority on January 1 of the years 2005, 2009, etc.

2. For the authorities and bodies according to §§ 95, 98, 101, 104 paragraph 1, and 106, the terms of office shall commence on July 1 of the years 2004, 2008, etc.

3. The municipalities may provide by regulation that

a. the terms of office of all or some of the authorities and bodies pursuant to paragraph 2 shall commence on January 1 of the years 2005, 2009, etc.;

b. the term of office for individual seats on the audit commission shall commence at different times.

4. If an authority is the election body of another authority, it shall conduct the election in the composition according to the term of office for which it elects the authority.

1. If a member of an authority, which is not appointed through an election by ballot, resigns before or during the term of office, the municipal council shall ensure appropriate announcement of the resignation and conduct any necessary replacement election within a reasonable period.

1. Liability of Municipal Authorities is Governed by the Liability Act of April 24, 2008.

2. ...

1. Subject to specific statutory provisions, every municipal authority is under the supervisory jurisdiction of an oversight body in matters of disciplinary law.

2. The oversight body reviews the conduct of individual authority members or the entire collegiate body if it becomes the subject of a complaint or if doubts arise about proper conduct in office based on its own observations.

3. If a breach of duty occurs, the oversight body imposes the necessary disciplinary measures according to the degree of fault. A disciplinary procedure can also be initiated if the authority member has become unworthy of office due to a crime or serious misconduct.

4. Disciplinary measures are

1. Reprimand,

2. * Fine up to CHF 1,000,

3. Removal from office.

5. As a disciplinary measure against an entire authority, only a reprimand is permissible.

6. Appeals against disciplinary decisions of the oversight body can be lodged with the Cantonal Court (Constitutional and Administrative Law Division) within 10 days. Appeals are also permissible against reprimands.

1. Unless specific provisions exist, the municipal authorities shall constitute themselves.

2. It shall be determined by municipal regulations whether the minutes are to be kept by a member of the authority or by municipal employees.

3. Each municipal authority independently regulates the necessary representation within its area.

1. The municipal authorities independently schedule their regular meetings in compliance with any applicable legal provisions governing the authority.

2. 1/3 of the members can request an extraordinary meeting for specific matters.

**2. The meetings are not public. Subject to the provisions regarding the residents' council.**

1. Resolutions of the municipal authorities are generally to be made in meetings.

2. The authority is only capable of making decisions if the majority of its members are present. Under special circumstances, the government council may grant exceptions.

3. ...

4. ...

1. Votes are generally open. If a motion for a secret ballot is made, it shall be granted if 1/4 of the members present decide in favor.

2. In the event of a tie, the chairperson shall cast the deciding vote.

1. Elections are generally open. If a motion for a secret ballot is made, it shall be granted if 1/4 of the members present decide in favor of it. § 118 paragraph 2 remains reserved.

2. Elections shall be conducted according to the majority voting system. The provisions of §§ 28, 29, and 31 of the Act on Political Rights apply to the determination of the result, the by-election, and the replacement election, respectively. A by-election takes place immediately.

3. In the event of a tie, the election is decided by drawing lots. The lot shall be drawn by the chairperson.

1. Everyone is obliged, upon summons, to appear at the specified time at a meeting of a municipal authority.

2. Unexcused failure to comply with the summons and improper conduct at the meeting may be punished by the authority with fines.

3. Anyone who fails to comply with a summons even after being fined may be brought in by the police, provided this appears necessary and appropriate for the execution of official resolutions.

1. Individual members of the authority are obligated to maintain confidentiality concerning matters to the extent that there is an overriding public or private interest in secrecy, or when a specific provision requires it.

2. Where meetings are not public, expressions and statements may not be disclosed to outsiders.

1. Members of the authority shall recuse themselves from matters that directly concern them. The duty to recuse applies to preparation, deliberation, and decision-making.

2. The Executive Council may grant exemptions from the duty to recuse in individual cases or through general regulation, if adherence to it would call into question the authority's capacity to make decisions.

1. Decisions of a municipal authority must be signed by the president or chairperson, as well as the secretary.

2. The signing of other documents is independently regulated by each authority within its jurisdiction.

1. Minutes must be kept for all meetings of the municipal authorities. The responsibility for taking minutes lies with the secretary of the authority, unless there are specific regulations otherwise.

2. Any member of the authority may request that their dissenting opinion from the majority decision be recorded in the minutes.

3. The minutes must be signed by the chairperson and the person taking the minutes.

1. The minutes are generally to be read aloud at the following meeting or submitted to the members of the authority for review. They may also be delivered to them as a copy. However, authorities that must deal extensively with private matters are not permitted to use this option.

2. The minutes are to be approved at one of the following meetings.

3. The authority decides on corrections.

1. Municipal employees within the meaning of this law are all persons who are in an employment relationship with the municipality.

2. The municipality may elect its employees for a term of office, employ them under public law, or in special cases, conclude a private law employment contract with them.

3. For teachers, the provisions of the Education Act, the Personnel Act, and the ordinances based on these laws apply.

1. Municipalities Enact Personnel Regulations.

1. The Liability of Municipal Employees is Governed by the Liability Act of April 24, 2008.

1. Municipality employees are subject to the same duty of confidentiality as members of authorities (§ 21).

2. Municipality employees are also subject to the duty to abstain according to § 22, as long as it does not merely concern executory tasks. The government council may decide on further exceptions to the duty to abstain.

1. In the absence of any regulations in the municipality concerning sanctions against municipal employees who have violated their duties, § 15 paragraphs 3 and 4 apply analogously.

2. The supervisory authority is the municipal council.

1. Third parties enlisted to fulfill tasks, as well as their appointed or employed individuals, are subject to the same duty of confidentiality as municipal employees.

2. Persons pursuant to paragraph 1 who violate the duty of confidentiality shall be punished with imprisonment or a fine of up to CHF 10,000.

3. The criminal proceedings are governed by the Swiss Code of Criminal Procedure.

1. Municipalities may, for the joint fulfillment of tasks with other municipalities

a. enter into contracts;

b. establish joint offices, commissions, or authorities;

c. form special-purpose associations or institutions.

2. Special-purpose associations and institutions shall have their own legal personality.

1. Multiple municipalities may

a. establish a joint, permanent, advisory commission by contract;

b. establish a joint, non-permanent, advisory commission through the municipal councils.

1. Multiple municipalities may establish a joint authority through an agreement in place of their own authority in accordance with §§ 91, 92, or 95.

2. A joint authority can only be established with municipalities from Basel-Landschaft.

3. The joint authority exercises the same duties and powers as the formerly municipality-specific authorities and is subject to the same regulations.

1. The municipalities appoint the Child and Adult Protection Authority by contract.

2. The contract specifically regulates

a. the organization and official seat of the Child and Adult Protection Authority as well as the on-call service;

b. personnel law including disciplinary law;

c. their own accounting and business audit;

d. the provision of professional management of mandates;

e. * ...

f. the distribution of costs among the municipalities, particularly for

1. the Child and Adult Protection Authority as well as compensation and reimbursement of expenses for mandate management not covered by affected persons;

2. recourse claims in liability cases;

3. unlawful custodial placements.

3. If the municipalities cannot reach an agreement, the government council regulates the circumstances.

4. Members of the adjudicatory bodies and employees of the Child and Adult Protection Authority

a. may not simultaneously be members or employees of the Cantonal Court, their supervisory authority, the Cantonal Social Office, social welfare authorities, or doctors of the Cantonal Psychiatric Services, and may not manage guardianships and custodianships that fall within their jurisdiction;

b. are subject to the duty of confidentiality according to Art. 451 paragraph 1 of the Swiss Civil Code (ZGB);

c. * are not subject to §§ 21, 30, 31 paragraph 1, 32, and 32a.

5. Employees of the municipal social services are generally not appointed as mandate holders in cases where they have been tasked by the Child and Adult Protection Authority with investigations according to § 62 paragraph 3 of the Law on the Introduction of the Civil Code.

6. If the professional guardianship is integrated into the Child and Adult Protection Authority, the task of the employees of the professional guardianship solely consists of managing mandates.

1. Municipalities in the Basel-Landschaft region may join associations governed by extraterritorial law.

2. Extraterritorial municipalities may join associations governed by Basel-Landschaft law.

3. In the case of paragraph 1, the government council may exceptionally prohibit joining due to overriding cantonal interests.

1. The statutes of the association contain all fundamental and important provisions.

2. The statutes may penalize violations of their regulations and may stipulate fines up to CHF 1,000. The conduct of the criminal proceedings is the responsibility of the municipal council of the place of the violation.

3. Statutes and their amendments require the approval of the municipal assemblies of all participating municipalities. The optional referendum is reserved.

1. The supreme body of the special purpose association is the assembly of the municipal delegates.

2. The municipal council is the electoral body for the municipal delegates. The municipalities may establish another electoral body through regulations.

3. The statutes may provide for additional bodies. In this case, the statutes specify their functions as well as the body that represents the special purpose association.

1. The statutes may authorize the special purpose association to issue implementing regulations on specific subject areas.

2. In the case of fee regulations, the statutes shall specify the chargeable services, the group of persons liable to pay fees, as well as the fee framework.

1. The statutes may authorize the association of local authorities to issue ordinances.

2. The provisions of this Act relating to the issuance and appeal of ordinances shall apply mutatis mutandis.

1. The municipal corporation may employ its staff under public law or enter into a private law employment contract with them.

2. The employees of the municipal corporation are subject to the same liability as well as the same duty of confidentiality and recusal as the municipal employees.

1. The association of municipalities may engage third parties to fulfill its tasks. In doing so, it must ensure through appropriate measures that they comply with the duty of confidentiality.

2. The issuance of orders may not be delegated to third parties.

1. The association of local authorities establishes an Audit Commission. The statutes regulate the number of members and the electoral body.

2. The Audit Commission examines the entire accounting of the association of local authorities. Its duties and powers are governed by Sections 99 and 100.

3. It submits a written report to the assembly of delegates as well as to the municipal councils of the participating municipalities.

1. The provisions regarding public purpose associations shall apply mutatis mutandis to the institutions.

1. The special-purpose associations and institutions publish their applicable decrees on the websites of their affiliated municipalities.

1. The municipalities belong to the districts as follows

a. District of Arlesheim

1. Aesch

2. Allschwil

3. Arlesheim

4. Biel-Benken

5. Binningen

6. Birsfelden

7. Bottmingen

8. Ettingen

9. Münchenstein

10. Muttenz

11. Oberwil

12. Pfeffingen

13. Reinach

14. Schönenbuch

15. Therwil

b. District of Laufen

1. Blauen

2. Brislach

3. Burg im Leimental

4. Dittingen

5. Duggingen

6. Grellingen

7. Laufen

8. Liesberg

9. Nenzlingen

10. Roggenburg

11. Röschenz

12. Wahlen

13. Zwingen

c. District of Liestal

1. Arisdorf

2. Augst

3. Bubendorf

4. Frenkendorf

5. Füllinsdorf

6. Giebenach

7. Hersberg

8. Lausen

9. Liestal

10. Lupsingen

11. Pratteln

12. Ramlinsburg

13. Seltisberg

14. Ziefen

d. District of Sissach

1. Anwil

2. Böckten

3. Buckten

4. Buus

5. Diepflingen

6. Gelterkinden

7. Häfelfingen

8. Hemmiken

9. Itingen

10. Känerkinden

11. Kilchberg

12. Läufelfingen

13. Maisprach

14. Nusshof

15. Oltingen

16. Ormalingen

17. Rickenbach

18. Rothenfluh

19. Rümlingen

20. Rünenberg

21. Sissach

22. Tecknau

23. Tenniken

24. Thürnen

25. Wenslingen

26. Wintersingen

27. Wittinsburg

28. Zeglingen

29. Zunzgen

e. District of Waldenburg

1. Arboldswil

2. Bennwil

3. Bretzwil

4. Diegten

5. Eptingen

6. Hölstein

7. Lampenberg

8. Langenbruck

9. Lauwil

10. Liedertswil

11. Niederdorf

12. Oberdorf

13. Reigoldswil

14. Titterten

15. Waldenburg

1. Two or more municipalities may merge into a new municipality by contract.

2. At the time of the merger

a. the terms of office of the previous authorities end, and those of the new authorities begin for the remainder of the current terms,

b. the rights and obligations from previous cooperation pursuant to § 34 paragraph 1 are revoked,

c. the remaining previous rights and obligations are transferred to the new municipality.

3. Each municipality involved in the merger agrees with the municipalities with which it has previously cooperated pursuant to § 34 paragraph 1 on the ancillary consequences of the revocation according to paragraph 2 letter b (in short: ancillary consequences agreement).

4. If no agreement is reached, the competent directorate conducts a conciliation procedure. If this is unsuccessful, the government council regulates the ancillary consequences. Its decision is final.

1. The Canton supports municipalities in mergers pursuant to §§ 36a, 134a, and 185.

2. Upon request, it may provide project cost contributions for the preparation of mergers amounting to 50% of the expenses incurred by the participating municipalities, up to a maximum of CHF 30,000 per municipality involved in the merger process.

3. Project cost contributions are generally granted only once per merger process. Exceptionally, additional project cost contributions may be granted if the merger process takes significantly longer or involves more municipalities than anticipated at the time the request was submitted, and if granting them serves the interests of the Canton.

4. Upon request, it may provide lump-sum contributions for implemented mergers of municipalities up to an amount of CHF 300,000 per municipality involved in the merger.

5. Lump-sum contributions are granted only once per merger process.

6. If one or more municipalities involved in a merger process had participated in another merger process in the 15 years preceding the request, the project cost contributions and lump-sum contributions may be appropriately reduced.

7. The provisions of the State Contributions Act of June 27, 2019, concerning financial aid, and the State Contributions Ordinance of December 17, 2019, concerning the procedure, shall apply mutatis mutandis.

1. The Agreement on the Merger specifically regulates

a. the municipalities involved in the merger;

b. the name and coat of arms of the merged municipality;

c. the municipal code of the merged municipality;

d. the continued and transitional validity of previous regulations and ordinances;

e. the continued employment of municipal employees;

f. the effective date of the merger.

1. The municipality comprises the area defined in the approved plans. Where no approved plans exist, the demarcated boundary applies.

2. The municipality holds territorial sovereignty over its area.

1. Municipalities may alter their mutual boundaries with the approval of the District Council or adjust them with the approval of the Government Council.

2. Boundary changes are exchanges of areas, either equal or unequal in size, involving more than a total of 10 hectares.

3. Boundary adjustments are exchanges of areas, either equal or unequal in size, involving up to a total of 10 hectares.

4. The District Council may order an equal-sized boundary adjustment involving up to a total of 10 hectares if it is necessitated by the regulations applicable to surveying and planning, and the involved municipalities cannot reach an agreement.

1. Members of the municipal community are all persons who have established residence in it.

1. The municipality, within its own sphere of influence, is particularly responsible for the following tasks

1. It serves the general welfare.

2. * It maintains public order throughout the entire municipal area, with the exception of national highways and high-performance roads.

3. It establishes an appropriate organization within the framework of legislation and appoints the authorities, supervisory, and auxiliary bodies.

4. * It maintains a balanced financial budget over time.

2. The municipality also fulfills all tasks assigned to it by the federal government or the canton.

3. If a civic community has dissolved according to § 134, the municipality assumes the responsibilities of the civic community.

1. Public Welfare

Public welfare encompasses the construction and maintenance of buildings serving the common good, the support and care for the economically weak and vulnerable, as well as other measures suitable for improving the population's condition in intellectual, moral, health-related, and economic respects. These include, subject to federal and cantonal law, in particular

1. the education system,

2. the welfare system,

3. the road system,

4. the healthcare system,

5. waste disposal,

6. water supply,

7. wastewater disposal.

1. The municipalities ensure public order in accordance with § 44.

1. * ...

2. * ...

3. * ...

4. * ...

5. * ...

6. * ...

2. The municipalities can sanction violations of regulations under the administrative fine procedure in accordance with the Police Act.

3. The municipalities may establish a municipal police force in accordance with the Police Act.

1. The Municipality

a. * protects the residents from individuals who make excessive noise, behave offensively, engage in mischief, cause disturbances, or otherwise disrupt public order;

b. * is responsible for the removal of dead and stray animals from roads (excluding high-performance roads).

1. * ...

2. * ...

3. * ...

4. * ...

2. To maintain public order (Paragraph 1) and to prevent crimes and secure evidence for law enforcement agencies, it may

a. * operate a patrol service with the powers as specified in Paragraphs 3 and 4,

b. * monitor public spaces with video cameras in accordance with police legislation.

3. The individuals entrusted with maintaining public order

a. * call upon, admonish, mediate, arbitrate, and regulate;

b. * are authorized to enter private properties;

c. * have the authority to demand the disclosure of the identity of disruptive persons and, in case of refusal, warn them of the legal consequences under Article 292 of the Criminal Code;

d. * can file a criminal complaint against disruptive persons, whose behavior appears to be criminal, with the cantonal law enforcement authority or the municipal council;

e. * may be uniformed; the uniform must be clearly distinguishable from that of the Basel-Landschaft police;

f. * may be equipped for self-defense and third-party protection with the following weapons and devices for the reasons described in § 41 Paragraph 1 Letters a and b of the Police Act

1. Batons (Art. 4 Paragraph 1 Letter d of the Weapons Act);

2. Devices that do not fall under the Weapons Act (e.g., pepper spray).

4. If a municipal police exists, it has the municipal police resources and powers according to the Police Act to maintain public order.

5. The municipality freely chooses the term for the authority, but without the word component "police."

6. For the procurement of services from the canton, § 4a of the Police Act applies.

1. The municipal community enacts a municipal charter. This charter regulates the fundamental organization of the municipal community.

2. Amendments to the municipal charter that pertain to the organization of authorities or the electoral procedure can only be introduced for a new term of office and must be decided upon at least 6 months before the commencement of said term.

3. Joint authorities may be introduced during the term of office. The term of office of the previously municipality-owned authorities ends at the time of the introduction of the joint authority. Their first term lasts until the end of the current term of office.

4. They can be dissolved during the term of office. Their term ends at the time of their dissolution. The first term of office of the municipality-owned authorities lasts until the end of the current term of office.

1. The municipal community issues the regulations necessary or appropriate for the fulfillment of its tasks.

2. The regulations contain all fundamental and important provisions.

1. Regulations may provide the following penalties for violations of their provisions

a. * Fines up to a maximum of CHF 5,000;

b. * Substitute imprisonment of up to 50 days in the event of non-payment of the fine;

c. * Community service of up to 200 hours in lieu of the imposed fine, provided the concerned party consents.

2. In cases of violations by juveniles, Articles 21 to 24 of the Juvenile Criminal Law [15] apply mutatis mutandis, whereby

a. * the maximum fine is CHF 500 and

b. * the maximum personal service is 5 days.

3. For fines according to §§ 20 and 58 of this law, the provisions regarding substitute imprisonment and community service do not apply. The maximum fine is CHF 1,000.

4. In assessing penalties and converting fines into substitute imprisonment or community service, personal and economic circumstances as well as the degree of guilt must be considered; typically, CHF 100 in fines corresponds to 1 day of substitute imprisonment or 4 hours of community service.

1. Municipalities shall maintain or designate an official publication medium. They shall publish in it

a. * Invitations to municipal assemblies or to municipal council meetings;

b. * The resolutions of the municipal assembly or the municipal council, or an indication of where these resolutions can be viewed;

c. * Publications in accordance with the legislation on political rights.

2. They shall operate a website. They shall continuously publish on it

a. * Municipal decrees;

b. * Contracts with regulatory content.

3. Municipalities shall ensure the availability of publications in printed form as per paragraph 1 if the official publication medium is published exclusively electronically.

4. The municipal council may establish fees for obtaining a printed form of the municipality's official publication medium.

1. Subject to the provisions on voting by ballot and those regarding the financial authority of official bodies, the following non-transferable powers are vested in the municipal assembly

1. Enactment of the municipal constitution;

2. * Enactment of municipal regulations and the corresponding plans;

3. * Determination of compensations for official members;

4. * Resolution on border changes and border adjustments exceeding a total of 60 ares;

4bis. * Acknowledgment of the task and financial plan;

5. * Resolution on the budget;

6. Determination of the tax rate;

7. * Resolution on special proposals;

7.bis * Approval of development projects;

8. Resolution on the acquisition and sale of properties;

9. * ...

10. * Resolution on the establishment or abolition of building rights in favor of or against the municipality;

11. * Resolution on supplementary credits;

12. * ...

13. * Resolution on the municipality's participation in private, public, or mixed enterprises;

14. * ...

14bis. * Approval of contracts with regulatory content;

14ter. * Approval of contracts with other municipalities regarding the appointment of joint offices, joint, permanent, advisory commissions, joint authorities, or child and adult protection authorities;

14quater. * Approval of the statutes of special-purpose associations and institutions;

15. * Approval of the annual financial statement;

16. * Overall supervision of all municipal authorities and administrative branches;

17. * Municipal petitions pursuant to § 49 paragraph 1 of the cantonal constitution;

17bis. * Mandate to the municipal council to initiate negotiations on amalgamation with another residential municipality;

18. * Contract on the amalgamation with another residential municipality and approval of the ancillary agreements;

19. * Resolution on the division or expansion of the residential municipality;

20. * Resolution on the merger of the civic municipality with the residential municipality;

21. * Resolution on the change of the municipality’s name.

2. The municipal assembly may be granted additional powers through municipal regulations, insofar as they are not expressly vested in another municipal body by legislation.

1. Municipalities may introduce the right of initiative through the municipal code.

2. For initiatives where the right of initiative is introduced, §§ 122 and 123 apply, with the exception of § 122 paragraph 2bis.

3. The competent authority instead of the municipal council is the municipal assembly.

1. Subject to the resolution of the municipal assembly, the following are subject to a ballot vote

a. the municipal regulations and any amendments thereto,

abis. * the agreement regarding a joint authority,

b. * the agreement regarding the merger with another residential municipality;

c. the division or expansion of the residential municipality,

d. the union of a civic community with the residential municipality,

e. the border changes,

f. the change of the municipal name.

**1. A decision of the municipal assembly is subject to a referendum if 10% of the eligible voters demand it. For municipalities with more than 5,000 eligible voters, 500 signatures are sufficient.**

**2. The request must be submitted within 30 days from the date of the decision. The calculation of the deadline is governed mutatis mutandis by the law on political rights.**

**2bis. The referendum on a rejection decision is held according to the version of the proposal that was rejected in the final vote.**

**3. The following are exempt from the referendum:**

**a. Decisions on the budget, supplementary credits to the budget, accounts, and tax rates;**

**b. Elections;**

**c. Municipal requests according to § 49 paragraph 1 of the cantonal constitution;**

**d. ...**

**e. Procedural decisions (approval of minutes, order of business, admission, referral, acknowledgment, declaration of significance, and the like).**

1. 10% of eligible voters may file a formulated or unformulated request (introduction initiative) for the introduction of

a. * the right of initiative;

b. * the extraordinary municipal organization.

2. In municipalities with more than 5,000 eligible voters, 500 signatures are sufficient.

3. The formulated request contains a detailed proposal for amending the municipal ordinance.

4. The unformulated request petitions the municipal assembly to amend the municipal ordinance in accordance with the request.

1. The municipal council shall report to the municipal assembly on a validly constituted introduction initiative within six months from its submission and shall make a proposal.

2. The municipal assembly declares an introduction initiative that is impossible or evidently unlawful to be invalid.

3. It may issue a recommendation for acceptance or rejection of the introduction initiative for the referendum.

1. The communal assembly may adjourn the discussion of the introductory initiative and instruct the municipal council to present a counter-proposal for decision-making within six months.

2. The counter-proposal must be formulated and include a detailed proposal for the amendment of the municipal regulations.

3. The municipal council may also, on its own initiative, submit a counter-proposal to the introductory initiative for decision-making to the communal assembly.

1. The ballot on an introductory initiative and, if applicable, on the counterproposal must take place within 1½ years from the submission of the introductory initiative.

2. If the public has approved an unspecified introductory initiative, the municipal assembly must make a decision in accordance with the request within 1 year.

1. The Municipal Council determines

a. the commencement of an adopted formulated introduction initiative;

b. the commencement of an adopted counterproposal;

c. the commencement of an amendment to the municipal regulations that implements an adopted non-formulated introduction initiative.

2. In this context, § 45 paragraph 2 does not apply.

1. Fifty competent citizens or one hundred eligible voters of the municipal community can submit a request to the municipal council to conduct a ballot vote on the establishment of a civil community.

2. The municipal council may also conduct the ballot vote on its own initiative.

1. The municipal council, the mayor, the president of the municipal assembly, and the municipal commission are elected by ballot at the polls.

2. For all other elections, the municipal code determines the authority.

1. If an authority of the municipal community is to be elected by ballot, the municipal code shall determine whether the majority or proportional voting system is to be applied.

2. If a member of an authority must belong to another municipal authority, it shall be determined by the delegating authority.

3. If the jurisdiction of an authority extends over multiple municipalities (secondary school boards), the individual participating municipality may elect by the proportional system if it is entitled to at least 3 seats.

4. If there are special provisions regarding the election requirements, only the majority voting system is permissible.

5. ...

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1. The municipal assembly is public.

2. Non-voting members must proceed to the seats designated for them. They may not speak, subject to § 62 paragraph 1.

3. Audio and video recordings require the approval of the municipal assembly. The approval may be subject to conditions and requirements.

1. Except in the cases provided for by law, eligible voters must exercise their rights to participate orally, in person, and at the assembly itself.

1. The municipal council convenes the municipal assembly as often as the business requires.

2. It is also obliged to convene the municipal assembly if 5% of the eligible voters demand it, specifying the matter to be addressed.

3. The requested municipal assembly must be conducted within half a year. It must be scheduled in such a way that the purpose of the business is not thwarted.

1. The municipal council prepares the matters for the municipal assembly and creates an agenda of the matters to be dealt with at the assembly ("agenda of matters").

2. It submits a proposal for each matter.

1. The invitation to the municipal assembly must be published at least 10 calendar days in advance.

2. It includes the agenda and specifies the place where related documents can be reviewed.

1. No resolutions may be passed on matters that have not been published in accordance with § 55.

2. ...

3. ...

1. The chairperson opens and conducts the meeting.

2. At the start of the meeting, he or she appoints one or more persons to count the votes.

3. He or she ensures peace and order. For this purpose, he or she can remove individuals who disturb the proceedings and declare a meeting, in which order cannot be restored, as dissolved. He or she can impose a fine on offenders.

1. The municipal clerk shall prepare the minutes of the meeting. The municipal council may appoint another person to take the minutes.

2. The minutes must be signed by both the chairperson of the meeting and the person responsible for taking the minutes.

3. The minutes shall be made available for inspection to all eligible voters at least 10 days before the next municipal assembly.

1. Before addressing the remaining business, the presiding officer of the meeting shall have the minutes of the last municipal assembly approved.

2. The municipal assembly shall decide how the minutes will be presented to the eligible voters for their information prior to approval.

3. The assembly shall decide on any corrections.

1. After the approval of the minutes, the chairperson of the meeting presents the agenda for discussion.

2. If a motion to change the sequence is made, the chairperson shall call for a vote on the matter.

3. The municipal council may withdraw an item from the agenda if there are important reasons to do so. The withdrawal is not permissible if it would violate the deadlines stipulated in §§ 54 paragraph 3 or 68 paragraphs 4 or 5.

4. The finalized agenda is binding for the meeting and can no longer be changed. Exceptions are made for an early adjournment of the meeting due to the late hour.

1. The proposal under consideration is first explained and justified by the municipal council. For this purpose, and for further supplementary information, the floor may also be granted to clerks without voting rights.

2. If the proposal has also been reviewed by a committee, then subsequently the committee’s president or another member may present the committee’s motion. If there is a minority motion, it shall be justified immediately after the majority motion.

1. Every eligible voter is entitled to file a motion for non-admission. Section 68, paragraph 4bis remains reserved.

2. If this option is exercised, discussion and voting will first take place over the admission.

1. If the assembly decides to enter into the discussion on the proposal or if the motion to do so is uncontested, the chairperson shall open the floor for free debate. This debate shall continue, subject to paragraph 2, until there are no further requests to speak. If there are no further requests, the chairperson shall declare the discussion closed.

2. A motion to close the discussion shall be put to a vote without further debate, after the chairperson has once again given an opportunity for requests to speak. Anyone who has requested to speak before the vote is taken shall, in any case, be allowed to speak. If an amendment motion is made in the course of this, any voting member may again request to speak.

1. Every eligible voter has the right to submit motions for substantive amendments, referral back to the municipal council, or transfer to a committee regarding the proposal under discussion. This is subject to § 68 paragraph 4bis.

1bis. Motions for reconsideration after the final vote are inadmissible.

2. Subject to paragraphs 3 and 4, a vote must be taken on every motion.

3. If an order motion is submitted during the discussion, such as a motion for postponement, referral back, or transfer to a committee, the discussion will be interrupted until the order motion is resolved.

4. The municipal council may defer further consideration of a proposal during the discussion or postpone the vote if the implications of amendment motions need to be further clarified. In this case, the matter must be presented again at one of the next municipal assemblies.

1. Votes are generally conducted openly. If a motion for a secret ballot is made, it must be granted if 1/4 of the eligible voters present decide in favor of it.

2. Members of the municipal council may vote. Excluded from this are resolutions on auditing accounts and on the general oversight.

3. In the event of a tie vote, the chairperson of the meeting shall cast the deciding vote. If he or she is not allowed to vote, the decision is not made.

1. If there are multiple opposing amendments, the chairperson of the assembly shall determine the order of voting. If the order is contested, the municipal assembly shall decide.

2. The amendments shall be put to a vote before the revised main motion. The main motion shall be considered as the proposal of the municipal council or, if initiated by the eligible voters, that of the proposer(s).

1. The municipal code may stipulate that 1/3 of the eligible voters present can decide that the final vote on the proposal takes place at the ballot box.

1. Elections for the appointment of a seat are generally open. If a motion for a secret ballot is made, it must be granted if 1/4 of the present eligible voters decide so.

2. Elections for the appointment of multiple seats must be conducted by secret ballot if more candidates than seats to be filled are running.

3. The members of the municipal council are allowed to vote. Exceptions are elections of supervisory bodies.

1. Elections shall be conducted according to the plurality voting system. For the determination of the result, the by-election, and the substitute election, Sections 28, 29, and 31 of the Law on Political Rights apply, respectively. A by-election shall take place immediately.

2. In the event of a tie, the election shall be decided by drawing lots. The lot shall be drawn by the chairperson of the assembly.

1. After addressing the announced items of business, eligible voters may submit motions on subjects not listed in the agenda, provided these fall within the authority of the municipal assembly.

2. Such motions may also be submitted in writing to the municipal council before the assembly. If this is done, the chairperson of the assembly shall inform the assembly accordingly.

3. ...

4. The municipal council shall prepare a proposal concerning the motions. It may also initially forgo a proposal and submit the motions to the following municipal assembly for a declaration of significance.

4bis. In matters concerning the declaration of significance, motions for non-consideration, postponement, referral back to the municipal council, or referral to a commission are inadmissible.

5. It shall submit the proposal concerning the motions or the motions declared significant to the municipal assembly for resolution within six months. The proposal must be submitted in a timely manner so that its purpose is not thwarted.

6. It may submit a counterproposal to any motion.

1. After addressing the announced matters, the voter may also ask questions and request information about the activity of the municipal authorities, the municipal administration, and the institutions operated by the municipality, provided that there is a public interest in doing so.

2. As a rule, the questions should be answered in the same meeting by a member of the authority or by a municipal employee.

1. By means of the municipal ordinance, municipalities may introduce the office of a municipal assembly president. A deputy is to be assigned to this office. The term of office corresponds to that of the municipal council.

2. Members of the municipal council are not eligible for election to the office or its deputization.

3. The municipal assembly president presides over the municipal assembly.

1. The municipal council is the administrative and executive authority of the municipality.

2. It exercises all powers vested in the municipality that are not assigned to another municipal body by a specific legal provision.

3. It represents the municipality.

1. The Municipal Council is authorized to issue

a. Ordinances on municipal regulations;

b. Usage and fee ordinances for buildings, facilities, and establishments of the municipal community.

2. It is responsible for the termination of intercommunal obligations, unless these provide for a different arrangement or unless the municipal assembly declares itself responsible in individual cases.

1. The municipal council or the committee pursuant to paragraph 2 assesses violations of the municipal regulations and imposes the fines threatened therein.

2. Through regulation, it can be stipulated that instead of the municipal council, a committee consisting of at least 2 authority members together with a recording secretary conducts the hearing of the individual accused and makes the assessment. The same procedural provisions apply to the committee as to the municipal council.

3. The municipal council or the committee pursuant to paragraph 2 may, in a separate order, mandate the restoration of the lawful condition at the expense of the convicted person.

4. The municipal council or the committee pursuant to paragraph 2 may impose judgment fees up to CHF 200.

5. The provisions of the summary penalty order procedure remain reserved.

1. The municipal council decides on the initiation of legal proceedings, the pursuit of legal remedies, and the conclusion of legal settlements.

2. ...

**1. As the executive authority, the municipal council is particularly responsible for:**

1. the enforcement of municipal regulations and resolutions of the municipal assembly,

2. the maintenance of public order throughout the entire municipal territory, except for national roads and high-performance roads,

3. the supervision of all municipal personnel.

**2. In the delegated sphere of competence, the municipal council enforces federal and cantonal decrees, insofar as their enforcement is delegated to the resident municipalities.**

1. The municipal code determines the number of municipal council members.

1. The municipal council regulates its proceedings in a regulation.

2. It may allocate spheres of activity and grant its members and the administration a limited authority to incur expenditures.

1. Through municipal regulations, individual municipal council members or specific administrative offices may be authorized to issue certain orders, excluding penal orders, independently.

2. An appeal against these orders can be filed with the municipal council within 10 days. Special legal remedy procedures are reserved.

1. The municipal council may engage third parties to fulfill tasks. In doing so, it must ensure through appropriate measures that these parties adhere to the duty of confidentiality.

2. The issuance of administrative orders cannot be delegated to third parties, subject to paragraph 3.

3. The issuance of administrative orders regarding fees may be delegated to third parties, provided that the transfer and the possibility of appeal to the municipal council are stipulated by regulation.

1. Supervisory Authority over the Municipal Council is the Government Council.

2. If the municipal community has opted for a governance model with a Municipal Council, the Directorate of Education, Culture, and Sports serves as the supervisory authority over the Municipal Council regarding all matters of education.

1. Before a penalty pursuant to § 46a is imposed, the cited individual must be heard. This provision does not apply to fines under §§ 20 and 58 of this law.

2. If the cited individual fails to appear without a valid excuse upon summons, the penalty may be imposed without a hearing.

3. The penalty is generally announced orally by the chairperson at the session. Absent individuals will receive the written penal order either via a municipal employee or by registered mail. In every case, information on the right to legal remedy is required.

3bis

...

4. ...

5. ...

6. In criminal proceedings against juveniles, the principles of Art. 4 JStPO must be observed.

7. Unless this law specifies otherwise, the provisions relating to summary penalty procedures (Art. 357 StPO) are applicable by analogy to both adults and juveniles.

1. A procedure for the recognition of fines may be established by regulation.

2. The municipal council or the committee pursuant to § 70b paragraph 2 shall issue a provisional fine order against a person who has committed an unlawful violation of a municipal regulation.

3. If the fine, including the judgment fees, is paid within the set deadline, no hearing takes place, and the fine order becomes final and legally binding.

4. If the fine, including the judgment fees, is not paid, not fully paid within the set deadline, or is contested, the provisional fine order lapses, and the procedure pursuant to § 81 must be conducted.

1. The municipalities themselves are responsible for the collection of fines.

2. For the enforcement of substitute custodial sentences, the municipal council commissions the enforcement authority in accordance with the Penal Execution Act, with the enforcement costs being borne by the municipality.

3. The enforcement of community service may be

a. executed by the municipality itself, or

b. delegated to the enforcement authority in accordance with the Penal Execution Act at the cost of the municipality.

4. The enforcement of personal services for juveniles is the responsibility of the municipality.

1. Violations of municipal regulations may be sanctioned with a regulatory fine if such violations and the corresponding fine amounts are specified in a regulation.

2. Conditions and procedures shall conform accordingly to the Law on Regulatory Fines and the Regulatory Fine Ordinance, unless this law contains provisions to the contrary.

3. Municipalities shall designate as employees authorized to levy regulatory fines

a. Holders of sovereign police authority, or

b. Additional municipal functionaries corresponding to their functional or specialist area who exercise sovereign powers within their jurisdiction.

4. The persons authorized under paragraph 3 need not be in uniform but must identify themselves to the offending person with an official identification. The municipalities shall ensure the necessary training.

1. An objection against the penal order of the municipal council (§ 46a and § 83a) can be submitted to the municipal council within 10 days from the delivery; the council decides, applying Articles 354 et seq. of the Swiss Criminal Procedure Code (StPO) mutatis mutandis, whether to

a. uphold the penal order and transfer the files to the presiding judge of the criminal court or the presiding judge of the juvenile court;

b. dismiss the proceedings;

c. issue a new penal order.

2. The presiding judge of the criminal court or the presiding judge of the juvenile court decides as the court of first instance in accordance with Articles 355 et seq. of the StPO.

3. The appellate court against the decision of the presiding judge of the criminal court or the presiding judge of the juvenile court is the three-judge chamber of the cantonal court (criminal law division), whereby Articles 398 et seq. of the StPO apply mutatis mutandis.

1. If the fine cannot be collected through enforcement proceedings, the president of the criminal court, upon a substantiated request from the municipal council, determines this and orders the execution of the substitute custodial sentence.

1bis ...

2. If the convicted person cannot pay the fine because, through no fault of their own, the circumstances relevant to the assessment have significantly worsened since the issuance of the fine, they may apply to the president of the criminal court to suspend the execution of the substitute custodial sentence and instead

a. * extend the payment deadline up to 24 months, or

b. * reduce the fine, or

c. * order community service.

1. If the convicted person does not perform the community service despite warnings, or not in accordance with the penal order, the municipal council or the committee (§ 81 paragraph 4) shall establish this and order the enforcement of the fine.

2. If this enforcement is also unsuccessful, the procedure according to § 83 shall apply.

1. As Mayor, members of the municipal council are eligible for election.

2. ...

1. The mayor is the head of the municipality.

2. He or she also performs governmental functions according to the provisions of the law.

1. As the Head of the Municipality, the Municipal President or Vice President is primarily responsible for the following duties

1. Leading the municipal assemblies, unless a separate municipal assembly presidency has been introduced, as well as leading the municipal council meetings;

2. Ensuring that correspondence addressed to the municipality is promptly forwarded to the relevant municipal authority;

3. Supervising the implementation of the decisions made by the municipal assembly and the municipal council;

4. Exercising the highest supervisory function over municipal employees and overseeing their conduct, insofar as the municipal employees are not subject to individual council members or special authorities.

2. The Municipal President or Vice President acts on behalf of the municipal council when immediate action is required. If the actions affect the responsibilities of another council member, he or she should, if possible, discuss the measures with that member. He or she must inform the municipal council of the decisions taken at the following meeting. The municipal council can repeal the presidential decisions, provided that doing so does not result in significant disadvantages for those affected.

3. ...

1. The municipal council elects a vice president from among its members.

1. Through the municipal ordinance, the residential municipalities may introduce a municipal commission with the regular municipal organization.

2. The municipal commission advises on the matters of the municipal assembly and submits proposals to it.

3. The municipal commission can be designated as the electoral authority either on its own or in conjunction with the municipal council or other municipal authorities for the authorities not elected by the populace, as well as for the municipal employees.

4. The municipal ordinance may confer greater financial competence on the municipal commission than on the municipal council. However, the commission may only exercise this capacity in matters submitted to it by the municipal council.

5. ...

1. The municipal code determines the number of municipal commission members.

2. Members of the municipal council may not simultaneously belong to the municipal commission.

1. Supervisory Authority over the Municipal Commission is the Municipal Assembly.

1. Provided that the municipal assembly delegates the tasks of the school board pursuant to the Education Act of June 6, 2002, to the municipal council, the municipality shall establish the management model applicable to the primary level in the municipal ordinance.

1. The municipality shall specify in the municipal regulations

a. * the number of its school board members for the primary level, unless the municipal community has opted for a governance model with a municipal council;

abis. * the number of its school board members for the music school;

b. the number of members and the electoral body for the school boards according to letter a;

c. the electoral body for the members of the school board for the secondary school.

2. The supervisory authority over the school boards is the Directorate of Education, Culture, and Sports.

1. Regarding the composition and functions of the Social Assistance Authority, the provisions of the Social Assistance Act shall apply.

1. The municipal council is the approval authority if the construction permit system is delegated to the municipal community.

2. Through the municipal charter, the municipal communities can establish a special construction permit authority. The municipal charter determines the number of members. One member must belong to the municipal council.

3. The supervisory body over the approval authority is the government council.

1. The municipal community shall establish an audit commission.

2. The municipal code shall determine the number of members as well as the electoral body. The municipal council and the authorities pursuant to §§ 91 - 95 are ineligible as the electoral body.

3. The members of the municipal council and the authorities pursuant to §§ 91 to 95 must not be members of the audit commission.

4. The supervisory authority over the audit commission is the government council.

1. The Audit Commission

a. audits the financial statements of the local municipality;

b. audits the financial statements of the intermunicipal administrative offices, commissions, and authorities in which the municipality is involved;

bbis. * can audit the accounting of the Child and Adult Protection Authority in which the municipality is involved;

c. can audit the financial statements of regional and out-of-canton purpose associations and institutions in which the municipality is involved.

1bis. It conducts its control activities in accordance with recognized auditing standards.

2. It provides the municipal assembly with a written report on the audit findings and simultaneously submits its proposals.

3. The municipal assembly can also assign individual financial transactions to the Audit Commission for preliminary advisory review.

1. The Audit Committee may engage a company active in auditing to perform specific audit tasks.

2. The Audit Committee may inspect records related to the accounting of all bodies and branches of administration, as far as required to fulfill its legal mandate. It may also conduct interim audits at any time and without prior notice. The same powers are granted to the auditing firm appointed pursuant to paragraph 1. When it is essential for the protection of legitimate private interests, the protection of personality, or out of consideration for pending proceedings, the bodies and administrative offices may provide a special report instead of releasing official records.

3. Members of the bodies and branches of administration are obliged to provide the Audit Committee or the appointed auditing firm with any information related to accounting.

4. The details regarding the activities of the Audit Committee are governed by the Government Council.

1. The municipality shall establish an Audit Commission.

2. The municipal code shall determine the number of members and the electoral authority. The Municipal Council and the authorities pursuant to §§ 91 to 95 are not permitted as the electoral authority.

3. Members of the Municipal Council and the authorities pursuant to §§ 91 to 95 may not be members of the Audit Commission.

4. The supervisory authority over the Audit Commission is the Government Council.

1. The Audit Committee exercises overall supervision on behalf of the municipal assembly over all municipal authorities and administrative branches.

2. It

a. reviews the activities of all municipal authorities and municipal employees;

b. reviews the activities of inter-municipal offices, commissions, and authorities in which the municipality participates, as well as the activities of their employees;

bbis. * may review the activities of the child and adult protection authority in which the municipality participates;

c. may review the activities of regional and out-of-canton associations and institutions in which the municipality participates, as well as the activities of their employees.

3. It checks whether the legal norms are generally applied correctly and whether the resolutions of the municipal assembly are properly implemented. It does not examine the individual correctness.

1. The Audit Committee submits a report to the municipal assembly in the first half of each year concerning its findings from the previous year.

2. It reports to the competent supervisory authority in the event of detecting serious breaches of duty.

1. The Audit Committee may examine the records of all bodies and branches of administration, insofar as it requires them to fulfill its statutory mandate. Insofar as it is essential to protect legitimate private interests, to safeguard personal rights, or out of regard for ongoing proceedings, the bodies and administrative offices may submit a special report instead of releasing official records.

1a. The Audit Committee may consult external experts for complex matters and issues.

2. The members of the bodies and the administrative offices are obliged to provide information to the Audit Committee.

1. The Municipal Code may provide that

a. the Audit Commission assumes the duties of the Business Audit Commission,

b. a committee of the Municipal Commission assumes the duties of the Audit Commission,

c. a committee of the Municipal Commission assumes the duties of the Business Audit Commission.

1. Pursuant to municipal regulations, the municipalities may establish permanent committees or commissions for individual administrative branches with exclusively advisory functions.

1bis. The municipal assembly or the municipal council may establish temporary advisory committees and commissions for specific tasks. A new election must be held after a period of 4 years.

2. ...

3. The supervisory authority over the advisory committees and commissions is the municipal council, unless this responsibility is assigned to another authority through a municipal regulation or by resolution of the municipal assembly.

1. The municipal assembly or the municipal council may appoint construction commissions for the execution of specific municipal buildings and grant them the authority to decide on the details of construction execution not yet determined during the project approval, as well as to select the contractors to whom the construction contracts are to be awarded.

2. Regarding the supervisory authority, Section 104 paragraph 3 applies.

1. The provisions of the law on political rights apply to the polling stations.

2. ...

3. ...

4. The supervisory authority over the polling stations is the municipal presidencies.

1. Municipalities shall establish an administrative and organizational by-law.

2. Each municipality shall elect a municipal clerk and a municipal treasurer. Both functions may be combined into the role of the municipal administrator.

3. ...

1. The Municipal Clerk is the Recording Secretary of the Resident Municipality. He or she is responsible for the proper management of clerical affairs, insofar as these do not fall within the remit of another municipal office.

2. The Executive Council may issue further regulations concerning the management of clerical affairs.

3. By agreement with the Civic Community, the Municipal Clerk may be entrusted with the recording secretary duties for the Civic Community.

1. The Municipal Treasurer is responsible for managing the treasury of the municipal community in accordance with statutory and regulatory provisions. He or she is responsible for ensuring the timely receipt of taxes and other claims owed to the municipal community. Additionally, he or she is responsible for the proper safekeeping of entrusted cash and securities.

2. The Municipal Treasurer also serves as the bookkeeper of the municipal community.

3. By agreement with the civic community and the church communities, the Municipal Treasurer may be entrusted with the treasury and bookkeeping of these bodies and their institutions.

1. Through the Municipal Code, the residents' municipalities can introduce the extraordinary municipal organization.

1. The municipal code determines the number of members of the local council.

1. Due to incompatibility, except for the persons mentioned in § 9, members of the municipal council may not belong to the residents' council.

1. The resident council has the powers vested in the town meeting under the ordinary municipal organization.

2. ...

1. The Deliberations of the Municipal Council are Public.

1. The Municipal Council shall adopt its own rules of procedure.

1. In individual cases, a roll-call vote may be decided.

2. Elections are generally secret. The rules of procedure may provide for open elections.

1. Resolutions of the Residents' Council are subject to a ballot vote in accordance with § 48.

2. The Municipal Code may subject further resolutions of the Residents' Council to a mandatory referendum, except for those pursuant to § 121 paragraph 4.

**1. A resolution of the municipal council shall be submitted to a ballot vote if requested by:**

a. 1/3 of the members of the municipal council present (authority referendum);

b. 10% of the eligible voters; if there are more than 5,000 eligible voters, 500 signatures shall suffice.

**1bis The request pursuant to paragraph 1 letter a is to be decided immediately. A revocation of the decision is inadmissible.**

2. The municipalities may reduce the percentage pursuant to paragraph 1 letter b to as low as 3% through the municipal regulations.

3. The request pursuant to paragraph 1 letter b must be submitted within 30 days from the publication.

4. Exempt from the referendum are

a. Resolutions on budget, supplementary budget credits, accounts, and tax rate;

b. Elections;

c. Municipal requests pursuant to § 49 paragraph 1 of the cantonal constitution;

d. Resolutions resulting from the supervision of the administration;

e. Urgent resolutions, provided that at least 2/3 of those present, in any case, half of all members of the municipal council, agree to the exclusion from the referendum;

f. Rejection resolutions;

g. Procedural resolutions (approval of minutes, agenda, commencement, transfer, referral, acknowledgment, declaration of significance, and the like).

**1.** 10% of the eligible voters can

**a.** Submit a formulated or unformulated request for the enactment, amendment, or repeal of municipal ordinances or municipal regulation provisions;

**b.** Submit an unformulated request for a decision of the municipal council, provided the matter falls within its competence and is subject to a referendum.

**2.** For more than 5,000 eligible voters, 500 signatures are sufficient.

**2bis.** Municipalities can, through municipal ordinances, reduce the percentage according to paragraph 1 to as low as 3%.

**3.** The formulated request contains a fully developed proposal. This is subject to a decision-making process without any alterations in form or content.

**4.** With the unformulated request, the municipal council is asked to decide in accordance with the request.

1. Formulated and non-formulated requests are not subject to a ballot vote if the municipal council approves them. This is subject to the mandatory and optional referendum.

2. Requests rejected by the municipal council must be submitted to a ballot vote within 1 year from their submission. The municipal council may present a counterproposal to each request.

3. If the people approve a non-formulated request, the municipal council must decide in accordance with the request within 1 year. This decision is subject to the mandatory and optional referendum.

1. Any eligible voter can submit an initiative request as per § 122.

2. The municipal council must declare within 1 year whether it considers the initiative request to be significant.

3. An initiative request declared insignificant is not to be further processed.

4. An initiative request declared significant is to be handled according to § 123. In the case of § 123 paragraph 2, the request must be submitted to a ballot within 1 year from the declaration of significance.

1. The Municipal Council appoints from among its members permanent committees, namely an Audit Committee and a Business Review Committee. Municipal employees, with the exception of teaching staff, are not eligible for election.

1a. The members of the authorities as stipulated in §§ 91 - 95 may not be part of the Audit Committee or the Business Review Committee.

2. With regard to the responsibilities and powers of the Audit Committee and the Business Review Committee, the provisions concerning supervisory bodies in the regular municipal organization shall apply accordingly.

1. The Municipal Council may establish additional committees for the preparation of specific business items.

1. Members of the municipal council participate in the meetings of the residents' council by virtue of their office. They have an advisory vote and the right to submit motions.

2. The residents' council may also invite members of other authorities of the local municipality and, with the consent of the municipal council, clerical officers to explain certain matters. Members of authorities have an advisory vote.

1. The municipal council has the right to convene the residents' council for a meeting if there is a danger that individual matters will not be dealt with in a timely manner. In this case, the municipal council also prepares the agenda.

2. The municipal council may also make additions to the agenda in the regular convening procedure (§ 17 paragraph 1).

3. The initial convening of the newly elected residents' council is carried out by the municipal council.

1. The municipal council is responsible for preparing matters within the jurisdiction of the residents' council, insofar as they do not relate to the supervision of the municipal administration or to internal affairs of the residents' council. It submits applications.

2. The municipal council is obligated to execute the directives of the residents' council pertaining to the preparation of matters and to answer questions from within the council concerning official activities.

3. As the collective authority, only the municipal council has the right to directly submit applications to the residents' council.

1. As a disciplinary measure over its members, the municipal council, as a collective authority, has the authority to issue a reprimand with a protocol entry.

1. The Municipal Council, the Community Council, and the Community President are elected by the entirety of eligible voters.

2. For all other elections, the municipal code determines the jurisdiction.

3. The election procedure is governed by §§ 51 and 52. The Municipal Council is always elected based on the principle of proportional representation.

1. In the case of extraordinary municipal organization, the provisions concerning the ordinary municipal organization apply mutatis mutandis to the authorities and auxiliary bodies of the residents' municipality, unless deviations arise from the law.

2. Municipalities with an extraordinary municipal organization cannot establish a municipal commission.

1. Every civic community is assigned to a residential community.

2. Furthermore, the civic community of Basel-Olsberg exists. It is assigned to the residential community of Arisdorf, as long as it does not merge with another civic community other than Arisdorf.

3. The civic community does not possess any territorial sovereignty.

1. If a civic community merges with a residential community, the civic community is dissolved at the time of the merger, and its assets, as well as its other rights and obligations, are transferred to the residential community.

2. The merger requires the approval of the government council.

1. Two or more citizen municipalities may merge into a new citizen municipality by contract, provided that the resident municipalities to which they are assigned merge into a new resident municipality.

2. Upon the time of the merger

a. the terms of office of the previous authorities shall end and those of the new authorities shall begin for the remainder of the current terms of office;

b. the rights and obligations arising from previous cooperation in accordance with § 34 paragraph 1 are abolished;

c. the other previous rights and obligations shall transfer to the new citizen municipality.

3. Each citizen municipality involved in the merger shall agree with the citizen municipalities with which it has previously cooperated according to § 34 paragraph 1 on the ancillary consequences of the abolition according to paragraph 2 letter b (briefly: ancillary consequences agreement).

4. If no agreement is reached, the competent directorate shall conduct a conciliation procedure. If this is unsuccessful, the government council shall regulate the ancillary consequences. Its decision is final.

2. If a citizen tax is levied, the citizens who reside in the canton and have taxable income or assets are subject to taxation. Citizens residing outside the canton are subject to the citizen tax if they own real estate in the canton or are owners or partners of business establishments there.

1. Within the administrative district of Laufen, alongside the civil communities, there exist the bourgeois communities of Laufen-City, Laufen-Suburb, and Grellingen.

2. They have the authority to admit local citizens into the bourgeois rights.

3. In the event of the dissolution of a bourgeois community, its assets shall transfer to the property of the civil community. If no civil community exists, its assets shall transfer to the property of the resident community.

4. The provisions concerning the civil communities apply mutatis mutandis.

1. In the administrative district of Laufen, in municipalities without bourgeois municipalities, existing bourgeois communities can form bourgeois corporations. Bourgeois corporations are public law entities.

1. The Citizen Municipality has, in particular, the following responsibilities

1. It grants municipal citizenship.

2. It promotes local attachment and supports cultural endeavors.

3. It manages its forest according to professional principles.

4. It makes its real estate available for public purposes in exchange for appropriate compensation.

5. It organizes itself purposefully in accordance with legislation and appoints the authorities, control, and auxiliary bodies.

6. It manages the municipal budget according to the principles of sound financial administration.

2. With its consent, the Resident Municipality can be entrusted with the execution of administrative tasks arising for the Citizen Municipality.

1. The civil community enacts the regulations necessary and expedient for the fulfillment of its tasks and for its organization.

2. It establishes a municipal code for itself.

1. The regulations of the municipal community may penalize violations of their provisions. Fines up to CHF 1,000 can be imposed therein.

2. The prosecution of violations is the responsibility of the municipal council of the local municipality in whose territory the act was committed. In this regard, §§ 81 to 83 are applicable.

1. For the citizen community, only the ordinary municipal organization is permissible.

1. Regarding the Powers of the Citizens' Community Assembly, § 47 Applies Mutatis Mutandis.

1. Sections 48 and 49 apply mutatis mutandis to the ballot vote.

2. In the cases of Section 49, Subsection 1 and Section 54, Subsection 2, the number of registered voters residing in the home municipality is decisive for the calculation of the necessary signatures.

3. Naturalization resolutions are exempt from the referendum.

4. The introduction of the right to initiative is inadmissible.

1. The President of the Citizens' Municipality, the Citizens' Council, and the Citizens' Commission are elected by ballot voting.

2. In the Citizens' Municipality, elections are conducted solely according to the majority voting system.

3. Furthermore, the respective provisions applicable to the elections in the Municipal Community shall apply mutatis mutandis to the elections conducted by the Citizens' Municipality.

1. The provisions of §§ 53 to 69 shall apply mutatis mutandis to the conduct of the municipal assembly.

1. The administrative and executive authority of the civic community is the Citizens' Council.

2. The supervisory body over the Citizens' Council is the Government Council.

3. With the consent of the resident community, the civic community can appoint the Municipal Council as the administrative and executive authority.

1. With regard to the powers and duties of the Citizen Council, the provisions concerning the Municipal Council shall apply accordingly, insofar as they do not pertain to specific tasks of the municipal community and the law does not provide for exceptions.

2. ...

3. The Citizen Council is authorized to impose fines pursuant to sections 20 and 58.

1. The head of the civic community is the President of the Civic Community.

2. Where no special citizens' council exists, the responsibilities of the President of the Civic Community are assumed by the Mayor.

3. With regard to the responsibilities of the Civic Community Presidency, § 86 paragraphs 1 and 2 apply mutatis mutandis.

4. The deputy of the President of the Civic Community is regulated by § 87.

1. The municipal communities may appoint a municipal citizens' commission. Sections 88 to 90 apply correspondingly to this commission. The municipal citizens' commission may also be composed of citizens who are members of the municipal commission.

1. Each civic municipality shall elect an auditing commission, unless the auditing of accounts is delegated to the auditing commission of the resident municipality. The latter is obliged to carry out a corresponding mandate from the civic municipality.

2. The civic municipality may elect a business auditing commission. It may also delegate the tasks of the business auditing commission to a committee of the civic commission or to the auditing commission.

3. Sections 98-103a apply accordingly.

1. The municipal corporations may appoint advisory committees and commissions, as well as special construction commissions, by analogous application of §§ 104 and 105.

2. The electoral office for the municipal corporation shall be the same as that of the local municipality, unless the municipal corporation decides to establish its own electoral office.

1. The civic community shall have its own administrative offices, provided that its administration is not conducted by the corresponding offices of the resident municipality.

2. With respect to the scope of duties, liability, and incompatibility with other offices, the provisions pertaining to the resident municipality (§§ 107 to 110) shall apply mutatis mutandis.

1. The Municipal Council takes all necessary measures at the organizational and management levels to protect the municipality's assets, ensure accurate and reliable accounting, and ensure compliance with legal standards.

1. Municipalities may levy taxes in accordance with the relevant statutory provisions.

1. Municipalities may levy fees and additional charges.

2. The fees and additional charges are determined by regulation.

3. They may be established by ordinance in accordance with the principles of delegation set by the Federal Court.

1. Expenditures for facilities and measures that do not benefit, or benefit to a minimal extent, a substantial part of the community's members can be covered, in whole or in part, through special contributions from the beneficiaries, in accordance with the legislation and municipal regulations.

1. The municipalities have access to all other resources to which they are entitled under the legislation or which accrue to them through economic activities.

1. Municipalities receive fiscal equalization funds in accordance with the legislation.

2. The contributions of the canton to special tasks of the municipalities remain subject to the legislation.

3. Municipalities have a specific compensation claim for their expenditures in the delegated sphere of activity only if this is explicitly provided for in the statute transferring the task.

1. Municipalities may incur loans to satisfy their financial needs.

2. ...

1. The funds of the municipality shall be utilized according to their designated purpose for the fulfillment of municipal duties. Contributions for charitable and public interest purposes and the like are reserved.

2. Municipalities shall neither enter into guarantees nor grant loans to private individuals. Exceptions are made for those for social housing, for retirement homes, and for other public interest purposes. The government council may approve further exceptions.

1. Expenditures are classified as either bound or unbound.

2. An expenditure is considered bound if there is no discretion regarding its execution. Otherwise, it is classified as unbound.

1. All expenditures require a legal basis.

2. Legal bases for mandatory expenditures include, in particular

a. Provisions of decrees and contracts that must be strictly applied;

b. Decisions of the municipal council regarding actions that must be taken immediately due to damage mitigation reasons;

c. Legal decisions and settlements for all associated expenditures.

3. Legal bases for discretionary expenditures are

a. Budget,

b. Special proposals,

c. Financial competencies,

d. Additional credits.

1. The municipal council shall annually adopt a task and financial plan.

2. The task and financial plan is prepared by the municipal council and

a. describes the anticipated development of municipal tasks over the next 5 years and their impact on financial needs,

b. outlines the measures to maintain or achieve a balanced financial budget over the long term.

3. It is to be presented to the municipal assembly or the residents' council for their information along with the municipal budget.

1. The municipal council prepares the budget for the upcoming fiscal year. This budget is to be reviewed by the auditing commission and presented to the municipal assembly, the residents' council, or the civic assembly before the end of the year.

2. At the same assembly or meeting, the tax rate for the municipality for the upcoming fiscal year is also to be determined.

3. The budget, along with the proposal for the tax rate, the municipal council's explanations, and the auditing commission's report, must be provided to or made available for collection by eligible voters at least 10 days before the deliberation. Even in the case of an extraordinary municipal organization, it must be handed over to all eligible voters who request it. In municipalities with fewer than 1,000 residents and in civic communities, public notice may replace the provision.

4. ...

1. Unrestricted expenditures are approved in the form of special proposals outside of the budget. Paragraph 2 remains reserved.

2. The municipal code may stipulate that unrestricted expenditures up to a certain amount be approved within the budget. It may also differentiate the amount according to types of expenditures.

3. The municipal council may, by way of exception, present unrestricted expenditures below the amount specified in paragraph 2 as a special proposal in accordance with paragraph 1.

1. The Municipality Regulations specify the amounts over which the Municipal Council may decide outside of the budget or outside of a special submission for

a. * non-committed expenditures (individual expenditure and total annual maximum amount),

b. acquisition and sale of real estate (total annual maximum amount),

c. * establishment or dissolution of building rights in favor of or against the municipality (total annual maximum amount of capital values or building right fees).

2. ...

3. The financial authority shall not be exercised if the eligible voters or their representatives have decided otherwise.

4. ...

1. To the extent that the budget does not specifically allocate the use of funds, the Municipal Council shall decide on this, subject to any differing legal provisions.

2. The Social Welfare Authority decides on the use of funds within the scope of its competence.

3. By municipal regulation, competence can be granted to other municipal bodies to decide on the use of funds that are available for their area of expertise within the framework of the budget.

1. Subject to its financial authority, the municipal council must obtain a supplementary credit if

a. the budget does not provide for an expenditure for which it must serve as a legal basis;

b. the budget specifies an insufficient amount for an expenditure for which it serves as a legal basis;

c. a special proposal indicates an insufficient amount of expenditure.

2. Supplementary credits that fall within the financial authority of the municipal commission may be decided by it.

3. ...

4. Supplementary credits according to paragraph 1 letter b are considered approved with the authorization of the annual financial statement.

1. At the end of the fiscal year, the annual financial statement must be concluded without delay by the treasurer.

2. Subsequently, it is to be examined by the municipal council and the audit commission and provided with any necessary remarks.

3. The annual financial statement must be submitted to the municipal authority responsible for approval within 6 months after the end of the fiscal year. It should be accompanied by explanations in the same manner as the budget and brought to the attention of the eligible voters.

1. Municipalities shall account for the budget and assets.

2. The Government Council shall issue regulations for harmonized and transparent accounting of municipalities. For the local municipalities, it shall be guided by the accounting model of the Conference of Cantonal Finance Directors.

1. Within its own sphere of competence and in the part of the delegated sphere of competence that is deemed equivalent (§ 3 paragraph 3) of the municipalities, the canton exercises its oversight in instances of identified legal violations and improper management of administration by taking the following measures

1. Non-approval or annulment of resolutions and decrees;

2. Issuance of binding directives;

3. Restriction or revocation of self-administration according to statutory provisions;

4. Reduction or denial of financial equalization.

2. In the part of the delegated sphere of competence that does not fall within the area of autonomy, the competent organs of the canton possess the general right to issue directives.

1. The canton exercises supervision over the municipalities, insofar as nothing else arises from the legislation, through the Executive Council.

2. The Executive Council may transfer its supervisory authority, with the exception of the limitation and revocation of self-administration and the approval of the municipal constitution, within the framework of the delegation provisions of the Organizational Law.

1. The following must be submitted to the supervisory body for approval

a. the municipal code,

abis. * ...

b. the municipal regulations with the exception of fee regulations and the rules of procedure of the municipal council.

c. * contracts with regulatory content,

cbis. * the contract concerning a joint authority,

cter. * the contract concerning the child and adult protection authority,

d. * the statutes of the purpose association,

e. * accession to an out-of-canton purpose association,

f. * the statutes of the civic corporation.

2. The government council may, by regulation, transfer the responsibility for the approval of municipal regulations and contracts with regulatory content (Paragraph 1 letters b and c) to the directorates of the cantonal administration.

1. The municipal communities shall submit the following to the appropriate directorate for information

a. the budget,

b. the annual financial statement,

c. the task and financial plan.

2. The civic communities shall submit the annual financial statement to the appropriate directorate for information and, upon its request, the budget.

3. The citizen communities, the civic corporations, the associations of purpose, and the institutions shall submit the budget or the annual financial statement to the appropriate directorate for information upon request.

4. The appropriate directorate may provide a report to the entities on their information submission.

5. The government council

a. presents a report to the entity on its financial situation if it gives cause for concern;

b. is authorized to take supervisory measures according to § 166 if a budget deficit is imminent or exists.

1. Employees of the canton entrusted with the supervision of the municipalities shall be granted access to the records.

1. Regarding municipalities that persistently refuse to comply with the directives of the Government Council, or where, for other reasons, particularly due to the impossibility of appointing authorities or fulfilling financial obligations, a lawful and orderly administration is not guaranteed, the Government Council may impose the following measures at the expense of the municipality

1. * Substitute performance by third parties, insofar as the actions to be carried out are suitable for this;

2. partial withdrawal of self-administration;

3. complete withdrawal of self-administration for a maximum of 2 years.

2. If measures pursuant to paragraph 1 numbers 2 and 3 are taken, the Government Council shall appoint one or more cantonally authorized persons to manage the municipal affairs.

3. The provisions of disciplinary, criminal, criminal procedure, and liability law remain reserved.

1. The provisions of the Administrative Procedure Act of June 13, 1988, apply mutatis mutandis as follows

a. for the issuance of orders by authorities and bodies of the municipality: § 2 paragraphs 1 and 2, §§ 3 to 19, §§ 21 to 23, as well as §§ 25 and 26;

b. for intra-municipal appeals against orders: § 27 paragraph 1 letter a and paragraph 2, §§ 28 and 31, § 32 paragraphs 1 and 2, as well as §§ 33 to 38;

c. for special intra-municipal administrative procedures: §§ 39 to 44.

2. The regulations issued by the Government Council based on § 14 paragraph 3 of the Administrative Procedure Act of June 13, 1988, regarding the right to inspect files and the release of files also apply mutatis mutandis in the municipalities.

1. The procedure is generally free of charge. The imposition of fees based on other decrees remains reserved.

2. The procedural costs can be imposed on the person who

a. has violated the statutory duty to cooperate;

b. has submitted a clearly inadmissible or unfounded request;

c. is unsuccessful in a procedure with two or more parties, which primarily serves the protection of their private interests.

3. The costs of evidence measures may be imposed on a party if the outcome of the procedure justifies it.

4. Procedural costs can be charged up to CHF 5,000. The municipal council issues a fee schedule.

5. The fee amount is generally determined based on the administrative effort, which is to be calculated according to the principle of total cost recovery.

6. The fee amount calculated according to the cost recovery principle can be increased or decreased within the fee framework, taking into account both the private and public interest in the administrative action. In extraordinary cases, a fee may be imposed that exceeds the fee framework by no more than half.

7. Fees and expenses can be waived in whole or in part if a hardship case exists, if charitable purposes are pursued, or if the fee appears excessive in light of the overall circumstances.

1. Provided that a regulation stipulates it, the first-instance decision can be contested with an objection submitted to the issuing authority.

1. ...

2. The municipality is responsible for enforcement. If necessary, the Basel-Landschaft police will assist the municipality without charging for costs.

3. The provisions of § 45 paragraph 1 and § 46 paragraphs 1 and 2 of the Administrative Procedure Act of June 13, 1988, apply mutatis mutandis to the enforcement.

4. In the case of orders that do not require payment of money or provision of a security, the authority, in the event of delay by the obligated party, has the state of affairs ordered by the order carried out by a third party at the expense of the obligated party (substitute performance).

1. All decrees, orders, and decisions of the voters and the bodies of the municipalities, associations of municipalities, and the civic corporations can be challenged by an appeal.

2. Furthermore, an appeal is permissible if the rights of the voters are disregarded in any way.

3. An appeal can also be lodged against orders and decisions of the cantonal supervisory authorities;

4. If an order is contestable within the municipality, only the final decision at the municipal level is subject to appeal.

1. The appeal procedure is free of charge, subject to § 20 paragraph 2 of the Administrative Procedure Act of June 13, 1988, for

a. Appeals against decrees and decisions of the municipal assembly or the municipal council,

b. Appeals according to § 172 paragraph 2.

2. For other appeals according to § 172 paragraph 1, the obligation to bear costs is governed by the Administrative Procedure Act.

1. Entitled to file a complaint are

1. in the case of generally binding decrees, the eligible voters and the affected parties,

2. in the cases of § 172 paragraph 2, the eligible voters,

3. in all other cases, the affected parties.

2. Against orders and decisions of the cantonal supervisory authorities, in every case, the executing authority of the municipality (municipal council or citizens' council) also has the right to file a complaint. ...

1. Appellate Authority is

1. for appeals against decisions of the electorate and the municipal council, the cantonal government,

2. for appeals concerning the infringement of the rights of the electorate, the cantonal government,

3. for all other appeals, the supervisory authority (§ 15), unless the legislation provides for a specific appeal procedure.

2. Where the cantonal government is the supervisory authority, it may delegate the assessment of the appeal to the Department of the Interior or the department with subject-matter jurisdiction.

3. If the municipal assembly is the supervisory authority, the cantonal government or the department commissioned by it shall decide on the appeal.

1. The complaint pursuant to § 172 paragraph 1 shall be submitted as follows

a. against the legal acts of the eligible voters within 10 days from the resolution,

b. against the legal acts of the other bodies of the municipalities as well as the associations of municipalities and the public corporations within 10 days from the announcement of the resolution.

2. The complaint pursuant to § 172 paragraph 2 shall be submitted as follows

a. due to inadequate preparation of the municipal assembly within 3 days from the discovery of the grounds for the complaint,

b. due to inadequate conduct of the municipal assembly within 10 days from the resolution,

c. due to other disregard of the rights of the eligible voters within 10 days from the discovery of the grounds for the complaint.

1. The appeal pursuant to § 172 paragraph 2 due to inadequate preparation of the municipal assembly only has a suspensive effect if it is ordered by the competent directorate upon request or ex officio.

1. The municipal code shall be enacted in municipal communities with the ordinary municipal organization by April 30, 1971, and in municipal communities with the extraordinary municipal organization by June 30, 1971. Otherwise, the government council shall put a provisional municipal code into effect.

2. The provisional municipal code remains in force until the end of the term of office of the municipal council in which the municipality has enacted its municipal code by June 30 of the last year of the term.

3. In enacting the provisional municipal code, the government council shall duly take into account the size of the municipality, the existing municipal institutions, and any fundamental municipal resolutions concerning the new organization.

1. The Law on the Introduction of the Swiss Civil Code of May 30, 1911, is amended as follows: ...

1. Section 75 of the Act on the Introduction of the Swiss Criminal Code of October 30, 1941, is amended as follows: ...

1. § 47 Paragraph 3 of the Act on the Organization of State and District Administration and the Procedure before Administrative Authorities of the Canton and Districts dated April 28, 1958, receives the following new wording: ...

1. The Law on Elections and Voting (Electoral Law) of November 26, 1959, is amended as follows: ...

1. The Law of September 7, 1981 on Political Rights is amended as follows: ...

1. The Act of June 6, 1983, concerning the Organization of the Government Council and the Cantonal Administration (Administrative Organization Act) is amended as follows: ...

1. The Administrative Procedure Act of June 13, 1988, is amended as follows: ...

1. The Act of May 30, 1911 on the Introduction of the Civil Code (EG ZGB) is amended as follows: ...

1. The School Act of April 26, 1979 is amended as follows: ...

1. The Law of January 12, 1981, on Fire Protection is amended as follows: ...

1. The Welfare Act of May 6, 1974 is amended as follows: ...

1. The Civil Rights Act of January 21, 1993 is amended as follows: ...

1. The Act of March 7, 1991, on the Protection of Personal Data (Data Protection Act) is amended as follows: ...

1. Section 2 of the Law on Elections and Referendums (Electoral Law) of November 26, 1959, receives the following second paragraph: ...

2. Section 3 of the Law on Eligibility for Authorities and Official Appointments of April 4, 1968, is repealed.

1. Until the enactment of new statutory provisions regarding municipal taxes, municipalities may continue to levy municipal taxes in the customary manner based on their tax regulations.

2. The provisions of the law concerning cantonal taxes remain unaffected.

1. As long as a civil commune of Birsfelden has not been established, the residential commune shall assume its duties.

2. The residential communes of Benken and Biel may unite into a single residential commune at any time through an affirmative referendum in both communes, without the requirement for a cantonal referendum. As long as they remain separate, they form only one civil commune.

3. The civil commune of Basel-Olsberg may merge with another civil commune in the Basel-Country if 2/3 of the voters in each commune decide to do so in a referendum.

4. A corporate commune or corporate corporation and a civil commune of the same municipality, as well as two corporate communes of the same municipality, may merge at any time if 2/3 of the voters in each commune decide to do so in a referendum. If no civil commune exists, a corporate commune or a corporate corporation may merge with the residential commune, if 2/3 of the voters in each commune decide to do so in a referendum.

5. Project cost contributions and flat-rate contributions according to § 36b are granted for merger procedures that are not completed by January 1, 2026.

1. The Incompatibility Regulation pursuant to § 9 paragraph 1 sentence 1 in the version dated June 1, 2017, applies to municipal employees who were affected by it on January 1, 2016, only after the expiration of their term of office.

1. The municipal assembly shall decide on the respective leadership model of the primary level by December 31, 2023, provided that its schools are not operated as district schools.

**1. Upon the entry into force of this law, all provisions that conflict with it are repealed, in particular**

1. The Law concerning the Organization and Administration of the Municipalities dated March 14, 1881, with the exception of §§ 92-112

2. §§ 74 and 75 paragraph 4 of the Law concerning the Introduction of the Swiss Criminal Code dated October 30, 1941

3. § 82 of the Law on the Organization of State and District Administration and the Procedure before the Administrative Authorities of the Canton and Districts dated April 28, 1958

4. §§ 7, 21, and 44 paragraph 1 of the Law on Elections and Referendums dated November 26, 1959

5. The Government Council's decision concerning the Administration of the Civic Community of Olsberg dated February 17, 1883.

**2. Should other enactments refer to provisions that are repealed by this law, such references shall be construed as referring to the corresponding provisions of this law.**

1. The law is subject to a referendum and comes into force by resolution of the district council.