Legislator Case Law & Legislation
153.115 CH-BS

Instruction concerning the Payment of Attendance Fees - Scope of Application

15 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Table of Provisions (15)

Statutory Text (15 Articles)

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1. This directive governs the compensation of commission members who are appointed by the governing council for the duration of its term.

2. Moreover, the provisions of this directive also apply to departmental commissions if the governing council expressly decides so.

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1. Participation in commissions is a voluntary activity, which is generally not compensated.

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1. Commissions that hold more than four meetings per year may, as an exception to the principle, be granted meeting allowances if the scope of the commission's activities is so significant that it cannot be expected of participants to perform on a voluntary basis, or if a high level of expert knowledge is required from the participants.

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1. No entitlement to session fees shall be granted to commission presidents, commission members, as well as commission secretaries who are employed by the Canton of Basel-Stadt, if the commission activity is part of their official duties and therefore constitutes regular working hours.

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1. Per meeting, the following attendance fees are allocated

a) Basic rate: CHF 100

b) Surcharge for self-employed individuals with loss of earnings: CHF 150

c) File study: CHF 40

d) Minutes: CHF 25

e) Decision reasoning per case: CHF 30

2. The rates apply to half-day meetings lasting at least two hours and at most four hours. For shorter meetings, the attendance fee is reduced by one-third, and for longer meetings, it is increased by half.

3. Attendance fees for file study are only granted if the file study regularly takes at least two hours.

4. If the business is conducted by circulation, an attendance fee for a half-day meeting may be allocated for the estimated time expenditure of approximately four hours.

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1. Heads of Departments may approve higher meeting allowances for commissions whose members must incur increased expenses

a) Basic rate: CHF 100

b) Additional allowance for self-employed with loss of earnings: CHF 200

c) Annual flat-rate compensation: CHF 500

2. The annual compensation is only granted to commission members who have attended at least 50% of the meetings per year.

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1. The Heads of Departments may approve higher meeting fees for commissions whose members are required to prepare or make decisions of significant importance to the state

a) Basic rate: CHF 100

b) Additional allowance for self-employed individuals with loss of income: CHF 250

c) Annual compensation lump sum: CHF 1,000

2. The annual compensation is only paid to commission members who have attended at least 50% of the meetings per year.

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1. In the event that a chairperson of a commission or a chamber is required to undertake additional preparatory tasks beyond the study of files, particularly procedural functions that take at least one hour per session, an additional compensation of CHF 50 per half-day session shall be provided.

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1. Non-employed or part-time employed commission members shall be reimbursed, in addition to the basic rate, for verifiable financial expenses incurred for the care of children or dependent close family members due to their commission activities, up to a maximum amount of CHF 80 per half-day meeting.

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1. **Extraordinary Effort Outside of Meetings**

The chairperson of a committee may approve special compensation for extraordinary efforts outside of meetings. In cases of extraordinary efforts by the chairperson of a committee, the decision is made by the head of the department. The hourly rate is CHF 75, plus any potential expenses. Records of the extraordinary effort must be kept.

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1. The responsibility for determining the session allowances to be calculated lies with the Chairperson of the Commission.

2. The Commission secretariats are responsible for the disbursement of the session allowances.

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1. For commission members who are employed by the Canton of Basel-Stadt, the session fees are considered remunerable secondary income in accordance with § 20 of the Wage Act.

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1. Usual social contributions are to be deducted from the session fees.

2. The contributions are to be collected on a parity basis.

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1. No value-added tax is due on attendance fees, provided they accrue in the performance of a public office.

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1. With the effectiveness of this directive, all conflicting ordinances and government council resolutions are repealed, in particular

- Government Council Resolution (GCR) of April 28, 1964

- GCR 2346 of July 4, 1972

- GCR 946 of March 25, 1975

- GCR 1059 of April 2, 1975

- GCR 2114 of July 8, 1975

- GCR 158 of January 16, 1979

- GCR 41/16 of October 21, 1986

- GCR 46/8 of November 18, 1986

- GCR 30/53 of August 7, 1990

- GCR 06/16 of February 5, 1991

- GCR 49/18 of December 10, 1991

- GCR 03/22 of January 21, 1992

- GCR 41/90 of September 2, 1997

- GCR 05/68 of February 2, 1999

- GCR of April 4, 2000

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