Art. 34 Municipalities Act (LCom)

1 Members of authorities and municipal officials who fail in their duties, whether intentionally or negligently, are subject to disciplinary sanctions.

2 In the absence of specific municipal provisions, the disciplinary sanctions are as follows

a) reprimand;

b) a fine up to 1,000 francs;

c) the withholding of regular salary increases;

d) disciplinary relocation or transfer to a lower salary grade;

e) temporary suspension;

f) suspension, with partial or total salary withholding for up to six months;

g) dismissal.

3 Disciplinary sanctions are imposed by the municipal council, subject to paragraph 5. In cases of minor severity, it may choose to issue advice, instructions, or a warning.

4 The department to which the Municipal Office is attached may impose a disciplinary sanction on members of authorities and officials, as well as on members of the general council or municipal council, when the regular administration of the municipality is disrupted or seriously compromised by severe breaches of duty and when the municipal authority to which the offender or offenders are subordinate does not intervene effectively. Paragraph 5 remains reserved.

5 The administrative judge rules on petitions for dismissal.

6 Temporary suspension, disciplinary suspension, and dismissal can only be imposed if the individual is guilty of serious or repeated breaches of official duties.

7 In the absence of specific municipal provisions, the duties of service are identical to those incumbent upon the personnel of the cantonal administration.

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