Municipalities Act (GG) - Object (GG)

1. The law governs the basic principles of the organization and cooperation of municipalities as well as the cantonal supervision of the municipalities.

1. This law is applicable to the municipal residents of the Canton of Lucerne.

2. For the Roman Catholic and Evangelical Reformed church congregations that are subject to their national churches, their own national church law applies. To the extent that it contains no regulations regarding organization and collaboration, the provisions of this law apply mutatis mutandis.

3. For the Christian Catholic church congregation, the provisions of this law apply mutatis mutandis.

1. Municipalities are public-law territorial corporations.

2. Within the framework of superior law, they have sovereign legislative and decision-making authority over their municipal territory.

3. The autonomy of the municipalities is guaranteed. Its scope is determined by cantonal and federal legislation.

4. The Government Council lists the existing resident municipalities in the Canton of Lucerne in a regulation.

1. The municipality enacts, within the framework of superior law, legislative decrees for its area of responsibility, which regulate the rights and obligations of natural and legal persons within its territory, the organization of the municipality, and proceedings before the authorities.

2. The eligible voters decide on legislative decrees in the form of a municipal ordinance and regulations; the municipal council issues ordinances.

1. The municipality shall independently determine its organization and controlling system within its own competence and responsibility. The mandatory provisions of this law and the Law on Municipal Financial Management dated June 20, 2016 (FHGG) shall be reserved.

2. The municipal organization and controlling system must meet the following minimum requirements

a. democratic governance of the municipality,

b. legal compliance and administrative correctness of administrative procedures,

c. sound development of the financial budget.

1. The municipality regulates the basic principles of its organization in the municipal code. The municipal code takes precedence over other municipal laws.

2. The municipality regulates the responsibilities of its bodies and administrative units in a legislative decree.

1. The municipal community regulates access to official information, which it has created or received in the fulfillment of its duties, in a legislative decree and grants access unless specific regulations and overriding public or legitimate private interests oppose it.

2. The provisions of the Cantonal Law on the Protection of Personal Data (Cantonal Data Protection Law) of July 2, 1990, remain reserved.

1. The electorate is the supreme body of the municipality.

2. The electorate participates in the political leadership of the municipality. They take part in the strategic controlling of the political leadership cycle in accordance with § 18 paragraph 2 FHGG, with the support of the strategic controlling body, conduct elections, and make decisions on substantive matters.

3. The electorate exercises the powers according to paragraph 2 either in an assembly or by ballot. If exercised by ballot, the municipal code ensures that the electorate can effectively exercise these powers.

4. The electorate may transfer the powers under paragraph 2 to a municipal parliament in accordance with §§ 12 and 13.

1. Eligible voters have at least the following powers in the political planning of the municipality

a. * Acknowledgment of the municipal strategy,

b. * Acknowledgment of the legislative program,

c. * Acknowledgment of the task and financial plan,

d. * Suggesting planning and acknowledgment of planning reports.

e. * ...

2. The municipal council may subject the planning decisions according to paragraph 1b-e to a consultative vote, provided this is stipulated in a regulatory enactment of the municipality. Consultative votes are to be conducted according to the provisions on business transactions of the Voting Rights Act of October 25, 1988[4].

1. The eligible voters have at least the following powers in elections and matters of business

a. Election

1. of the municipal council,

2. * of the education commission, provided the election is not assigned to the municipal council according to § 21,

3. of the audit body and any controlling commission,

4. of the ballot office.

b. Legislation

1. Resolution of the municipal code,

2. Resolution of regulations,

3. Approval of legislative contracts and the transfer of sovereign powers to third parties, insofar as the municipal council is not declared competent by a legal provision.

c. Financial affairs

1. * Resolution on the budget with the tax rate and on supplementary credits,

2. * Approval of the annual report with the annual financial statement,

3. * Resolution on special and additional credits,

4. * Approval of the settlement of special and additional credits,

4.1. * ...

4.2. * ...

4.3. * ...

4.4. * ...

5. * Conclusion of concession contracts,

6. * Establishment of or participation in private or public legal entities or simple partnerships, provided their value exceeds the yield of a tenth unit of the municipal taxes or another size specified in a legislative decree of the municipality,

7. * Resolution on the change of purpose of administrative assets, provided the eligible voters have established its purpose binding.

d. Changes in municipal structure and territory: Resolution on changes in municipal structure or territory and participation in shaping the side effects.

1. The electorate has at least the following supervisory and management powers over the activities of the municipal council

a. * Acknowledgement of the reports from the strategic controlling body in accordance with § 19 paragraph 2 FHGG,

b. * Approval of the annual report of the municipal council along with the audit report of the auditing body,

c. * Approval of the annual financial statements,

d. * Approval of the accounts for special and additional credits.

2. ...

1. The eligible voters may transfer their powers to the municipal parliament concerning strategic control of the political leadership cycle, as well as elections and factual matters, in accordance with the provisions of § 13, within the framework of the municipal ordinance.

2. They elect the municipal parliament by proportional representation according to the provisions of the Voting Rights Act every four years, in the same year as the municipal council. The newly elected municipal parliament assumes office on September 1 following the election.

1. The following powers must be reserved for the eligible voters

a. Election of the municipal council and the municipal parliament,

b. Adoption of the municipal code,

c. Adoption of changes in the municipal composition and territory.

2. The following matters are subject at least to optional referendum

a. Adoption of regulations and approvals according to § 10 subparagraph b number 3,

b. * Adoption of the budget with the tax rate,

c. * Resolutions on special and additional credits,

d. * Conclusion of concession contracts,

1. * ...

2. * ...

3. * ...

4. * ...

e. * Establishment of or participation in private or public legal entities or simple partnerships, provided that the value exceeds the yield of a tenth unit of municipal taxes or another size specified in a legislative decree of the municipality.

1. The Municipal Council is the central governing body of the municipality. It bears overall responsibility. The rights of the eligible voters remain reserved.

2. The Municipal Council enacts executive legislation as well as regulations, which it is authorized to issue by a legal provision of the eligible voters.

3. It fulfills all tasks that are either assigned to it by the legal system or are not transferred to any other organ of the municipality.

1. The Municipal Council is a collegial authority with at least three members.

2. The municipality determines the number of members in the municipal regulations. It specifies whether an additional election is necessary for a specific office within the Municipal Council. Otherwise, the Municipal Council allocates the offices to its members itself.

3. The municipality stipulates in a legislative decree the organization of the Municipal Council and specifically sets forth

a. the responsibilities of the individual offices of the Municipal Council,

b. the matters or areas of business for which the Municipal Council can assign independent decision-making authority to individual members, committees of the Municipal Council, or administrative units of the municipal administration,

c. the officeholders who are authorized to issue necessary orders in urgent cases; these individuals must promptly report to the Municipal Council.

4. The meetings of the Municipal Council are not public.

1. The eligible voters elect the municipal council every four years in accordance with the provisions of the Voting Rights Act. The newly elected municipal council assumes office on September 1st following the election. Section 63 remains reserved.

2. The municipality may provide for a term limit and the proportional representation system in the municipal code.

1. The municipal council enables eligible voters to participate in the political leadership of the municipality in the form prescribed by the legal order.

2. The municipal council develops political planning and is responsible for the preparation of elections and issues for eligible voters, periodically informing them in an appropriate manner about its activities and proposing necessary control measures.

3. The instruments of political planning include

a. the municipal strategy according to § 17a,

b. the legislative program according to § 17b,

c. the task and financial plan according to §§ 8 and 9 FHGG,

d. the budget according to §§ 10-13 FHGG.

1. The municipal council shall develop a municipal strategy with long-term goals for the municipality at the latest two years after the beginning of the term of office.

1. Based on the municipal strategy, the municipal council shall prepare a legislative program in which the legislative goals and the most important measures are recorded. The structure of the legislative program is oriented towards the areas of responsibility. The municipal council shall report on its implementation in the annual report in accordance with § 17 FHGG.

1. The Municipal Council bears overall responsibility for the municipal administration. It establishes the organization's structure and the municipality's controlling system within the framework of the legal order.

1. The municipality shall determine by legislative enactment the election, the number of members, and the powers of the Education Commission in accordance with the provisions of the Law on Public Education of March 22, 1999.

2. If the voters elect the Education Commission, this election shall take place according to the provisions of the Voting Rights Act every four years in the same year as the election of the Municipal Council. The newly elected Education Commission shall assume office on August 1 following the election.

3. The member of the Municipal Council responsible for the school shall be an ex officio member of the Education Commission.

1. The municipal administration fulfills the tasks assigned to it by the legal system or by a specific mandate and provides the requested services. It prepares the matters for the municipal council and implements its decisions.

1. The municipal clerk shall ensure, within the scope of his or her authority, legally compliant and administratively correct procedures within the administration.

2. He or she shall ensure that the resolutions and legal transactions of the municipality are comprehensibly recorded and documented as per the instructions of the municipal council.

3. He or she shall participate in the meetings of the municipal council with an advisory vote.

4. The municipal council may assign the municipal clerk different functions by regulation, provided that the legally compliant and administratively correct procedures are maintained.

1. The municipal council appoints the municipal clerk.

2. A person can be appointed as a municipal clerk if they have obtained the certificate of competence as a municipal clerk of the Canton of Lucerne or have completed a comparable education.

3. The government council regulates the specifics regarding the education as a municipal clerk and the issuance of the certificate of competence.

1. Every municipality is obligated to maintain an archive with the documents of the municipality that are worthy of archiving.

2. Archiving should contribute to legal certainty, to continuous and rational administrative management, to the creation of transparency and traceability of governmental actions, and to the provision of foundations for research, through the permanent retention and preparation of documents.

1. Provisions from the Archives Act of June 16, 2003, apply to the securing and use of archival materials, as well as to the legal protection to be granted and the penalties involved.

1. Eligible for election to the municipal parliament, the municipal council, the education commission, the audit commission, and the controlling commission is anyone who is entitled to vote on municipal matters.

1. Incompatible in one person is an office

a. in the auditing body or in the controlling commission with an office in the municipal council or an employment with the municipality,

b. as municipal clerk with an office in the municipal council,

c. * in the education commission with an office in the municipal council subject to § 21 paragraph 3,

d. in the municipal parliament with an office in the municipal council.

2. The incompatibilities according to the state constitution [7] due to kinship and affinity also apply in the relationship between the auditing body and the controlling commission with the municipal council.

3. The municipality may stipulate further grounds for incompatibility in a legislative enactment.

1. Each member of the municipal parliament, the municipal council, the audit commission, as well as the municipal clerk or the municipal clerk shall take the oath or pledge.

2. The members of the municipal council shall take the oath or pledge before a representative of the cantonal supervisory authority. In municipalities with a municipal parliament, they shall take the oath or pledge before the municipal parliament.

3. The municipalities may regulate the particulars of the swearing-in of their authorities and commission members. They may, in particular, provide for the swearing-in of members of the controlling commission and the education commission.

4. Those who do not take the oath or pledge relinquish the office. Otherwise, the provisions of § 11 paragraphs 1, 2, and 4 of the Cantonal Council Act of June 28, 1976, shall apply mutatis mutandis.

1. The municipality regulates the authority to sign in a legislative enactment.

2. Resolutions of the municipal council must be signed by at least one member of the municipal council as well as by the municipal clerk or the deputy thereof.

1. In matters involving certain natural or legal persons, the grounds for recusal pursuant to § 14 of the Law on Administrative Justice dated July 3, 1972, also apply to

a. the municipal parliament,

b. the audit authority, the controlling commission, and other commissions,

c. all persons who in any way participate in a matter and can influence the outcome of the proceedings.

2. In matters affecting the entire municipality or parts thereof, other public-law organizations, or a broadly defined majority of persons, namely in regulatory enactments, there is no obligation to recuse.

3. If a municipal body is unable to reach a decision due to recusal or other reasons, the cantonal supervisory authority determines the further course of action. It may act in place of the body or appoint the body of another municipality as the decision-making authority.

1. By means of a municipal initiative, eligible voters can demand a vote on a matter relating to the municipality that falls within its jurisdiction.

2. The municipal initiative is inadmissible for the following matters

a. Admission to municipal citizenship,

b. Resolution on the budget and tax rate,

c. Supplementary credits,

d. Approval of accounts and financial statements.

3. Municipal initiatives can be submitted in the form of a suggestion (non-formulated initiative). For municipal initiatives requesting the enactment, amendment, or repeal of regulations or the amendment of the municipal code, the form of a draft (formulated initiative) is also permissible.

4. A municipal initiative comes into effect if it contains valid signatures from one-tenth of the eligible voters, rounded down to the nearest ten, with at least 10 and at most 500 signatures. The municipality may provide a different regulation in the municipal code.

1. The Municipal Council confirms the formal establishment of the initiative.

2. It handles an established municipal initiative within one year from submission as follows

a. If the initiative is deemed unlawful or clearly impractical according to § 145 of the Voting Rights Act, the Municipal Council declares it wholly or partially invalid.

b. If the initiative is deemed valid, the Municipal Council orders a vote in accordance with paragraphs 3 to 5 and under the provisions of the Voting Rights Act.

3. If the Municipal Council agrees to a non-formulated initiative, it may propose a resolution for the vote instead of the initiative that corresponds to the initiative request.

4. A formulated initiative can be editorially refined by the Municipal Council. It must not make any substantive changes.

5. The Municipal Council can present a counter-proposal with the initiative for voting, which contains a different regulation on the same subject.

6. If an initiative request is accepted by the eligible voters in the form of a suggestion, the Municipal Council must order the vote on the implementing resolution within one year.

1. As long as the municipal vote has not been ordered, the persons authorized on the signature lists can withdraw the initiative unconditionally or in favor of a counter-proposal from the municipal council.

1. If the municipal council is unable to process a municipal initiative within the specified time frame, the cantonal supervisory authority may extend the deadlines according to § 39 by a maximum of six months.

1. The provisions of the Voting Rights Act apply to the submission and certification of municipal initiatives and the voting by eligible voters.

2. Municipal initiatives are voted on using the same procedure (ballot box or assembly procedure) as is used for corresponding proposals from the municipal council.

1. In municipalities with a municipal parliament, the parliament is responsible for handling municipal initiatives (declaration of invalidity, acceptance, rejection, and counterproposals) as well as for extensions of deadlines. The procedure is accordingly governed by the provisions of § 41 of this law and the Cantonal Council Act of June 28, 1976.

1. The municipality may fulfill its duties alone or in cooperation with other municipalities, subject to special provisions, or delegate them to an external service provider. It may establish or participate in private or public enterprises.

2. The municipality may not transfer the powers of the eligible voters and the political leadership tasks of the municipal council.

1. If the municipality assigns tasks to an external service provider, it remains the responsible authority. It monitors the fulfillment of the tasks and holds overall responsibility. It ensures that it can either resume executing the assigned tasks itself after a reasonable period or transfer them to another external service provider for execution.

2. The rights of the eligible voters and the duties of the municipal council in the political management of the municipality apply correspondingly to assigned tasks.

3. If the organ of an external service provider issues decisions under the law on administrative justice on behalf of the municipality, it is also responsible for handling any appeals. Otherwise, the legal remedy that would be permissible against a corresponding decision by the municipality can be pursued.

1. The municipality may conclude private law contracts with other public entities or with private individuals.

2. The following cannot be agreed upon in private law contracts

a. Legal rules,

b. The transfer of sovereign powers, in particular the powers to legislate or to issue decisions in accordance with the Law on Administrative Procedure.

1. The municipality may enter into public law contracts with other public bodies or with private individuals.

2. It may establish simple public law associations through public law contracts and assign them public tasks to be fulfilled jointly. Articles 530 et seq. of the Swiss Code of Obligations are applicable as cantonal public law.

1. Municipalities may establish municipal associations for the joint fulfillment of one or more public tasks.

2. Municipal associations are bodies governed by cantonal public law with their own legal personality. The members are the affiliated municipalities.

3. The statutes, regulatory ordinances, and the resolutions adopted based thereon of the municipal association take precedence over the law and decisions of the member municipalities.

1. The statutes of a municipal association with multiple tasks may provide that not all members are required to participate in all tasks.

2. A separate account must be maintained for tasks with voluntary participation. Municipalities not participating in these tasks have neither voting rights nor a co-financing obligation in the respective area of responsibility.

1. The Municipal Association shall consist of at least the following bodies

a. Assembly of Delegates, consisting of at least one delegate per member (municipal council); the Assembly of Delegates shall meet publicly,

b. Executive Board, consisting of at least one person; this person may not belong to the Assembly of Delegates,

c. * Auditing Body with the tasks described in the FHGG concerning the financial auditing authority.

1. The statutes shall contain at least provisions concerning

a. the name and seat,

b. the duties,

c. the bodies (composition and main responsibilities),

d. the voting rights of the municipal assemblies in the delegates' meeting,

e. important resolutions in the sense of § 54 paragraph 2,

f. the financing, the financial budget, the cost distribution,

g. the amendment of the statutes,

h. the withdrawal and its financial implications,

i. the dissolution.

2. The statutes shall contain, if applicable, provisions concerning

a. the authorization of the delegates' meeting or the association's board to enact regulations,

b. the authority of the municipal association to issue decisions in the sense of the Administrative Procedure Act.

3. If the eligible voters constitute a body, the statutes must provide for and regulate the right of initiative and referendum against decisions of the delegates' meeting.

4. If the statutes contain no regulation, Articles 60 et seq. of the Swiss Civil Code concerning associations are subsidiarily applicable as cantonal public law.

1. Municipalities that wish to establish a municipal association approve the draft statutes and authorize any monetary or tangible contributions they are required to make. They designate their representation in the delegates' assembly and grant the necessary authorization for the founding.

2. A municipal association is established by the founding resolution of the founding delegates' assembly. This resolution includes at least

a. the intention to establish the municipal association and to exist as a public legal entity,

b. the acceptance of the statutes,

c. the appointment of the association management and the auditing body,

d. any provisions regarding monetary or tangible contributions.

3. The subsequent accession of a municipality to a municipal association occurs through the admission resolution of the delegates' assembly. Paragraphs 1 and 2 apply accordingly to the accession procedure.

1. The competent cantonal authority may, on the basis of specific legislative provisions and under the regulation of compensation obligations for the joining municipality,

a. oblige a municipality to join an inter-municipal association,

b. oblige an inter-municipal association to accept a municipality.

2. If the accession does not occur within the set deadline, the accession declaration or the acceptance resolution is enacted by the cantonal authority designated in the special law according to the rules on substitute performance.

1. The municipality participates in the decisions of the municipal association through its representation in the assembly of delegates. It

a. elects the representatives, sets objectives for them, and supervises their activities,

b. can submit motions through its representation in the assembly of delegates, particularly for amendments to the statutes, the promulgation of legal rules, and the dissolution of the municipal association if necessary,

c. grants its representation the necessary authorizations before important decisions of the municipal association in accordance with paragraph 2.

2. The municipal representation periodically informs the municipality about the association's activities. Before making decisions that are deemed important in the statutes or the legal order of the municipality, it obtains the necessary authorizations from the municipality.

1. The liabilities of the municipal association are primarily secured by the association's assets. If these assets do not provide sufficient coverage, the member municipalities are jointly and severally liable to the creditors.

2. The member municipalities are liable among themselves proportionally according to their voting power in the municipal association, unless the statutes provide otherwise.

1. Zweckverbände (Special Purpose Associations) are corporations governed by cantonal public law with their own legal personality. The members are the affiliated municipalities and the canton.

2. Unless a special law contains differing provisions, the regulations regarding municipal associations also apply to the Zweckverband. The decision-making and representation of the canton are subject to the rules applicable to inter-cantonal agreements, applied mutatis mutandis.

1. If the nature of the tasks and the interests require it, and with the approval of the government council,

a. municipalities of Lucerne may conclude contracts with municipalities from other cantons,

b. municipalities of Lucerne may join inter-cantonal municipal or purpose associations,

c. municipalities from other cantons may join Lucerne municipal or purpose associations.

2. The government council regulates issues arising from inter-cantonal participation through agreements with the other cantons.

1. Changes in the Composition of Municipalities: Municipalities are newly established or dissolved through amalgamation or division.

1. The eligible voters or the municipal councils of the involved municipalities may initiate the procedure.

1. In the event of the merger or division of municipalities, the structure and incidental consequences of the merger or division must be regulated in a public-law contract. This requires the approval of the eligible voters.

2. If a municipality is divided into several new municipalities, the eligible voters shall decide on the structure and incidental consequences of the division in a legislative enactment.

1. The participatory rights of the canton provided for in the constitution remain reserved.

2. Mergers and divisions of municipalities decided by the eligible voters of the involved municipalities cannot come into effect before approval by the Cantonal Council.

3. The Cantonal Council grants approval through a cantonal council resolution. It denies approval if the merger or division is impractical.

4. A municipality may submit a request for merger or division to the Cantonal Council for resolution in accordance with § 74 paragraph 3 of the Cantonal Constitution. The Cantonal Council decides by decree. If the affected municipalities cannot agree on the further regulation of the form and the secondary consequences of the merger or division, the Cantonal Council decides them upon request of the Government Council by cantonal council resolution.

1. The united municipality shall assume by universal succession all rights and obligations of the dissolved municipalities, as well as, without liquidation, their entire assets with both active and passive components.

2. In the division of a municipality, the participating municipalities shall regulate the allocation of rights and obligations, as well as the assets with active and passive components of the dissolving municipality, in the contract or in the legislative enactment.

1. The term of office of municipal bodies ends with the merger or division of municipalities.

2. Eligible voters may, no earlier than with the approval of the merger or division of municipalities, extend the term of office of the bodies elected by them until the time of the merger or division. A decision to extend the term of office of the municipal council and any municipal parliament must be made by no later than June 30th of the year preceding the election year.

3. Insofar as the municipal council is responsible for the election of bodies, it may extend their term of office until the time of the merger or division.

1. The eligible voters of the participating municipalities shall elect the new municipal bodies before the union or division comes into effect.

2. For the formation of electoral districts, the circumstances after the union or division shall be decisive.

1. Municipalities may stipulate that one or more seats are guaranteed to participating municipalities in the election of the new municipal bodies for the first term following the merger or division.

2. The Cantonal Council approves the regulation of the electoral procedure by means of a Cantonal Council resolution.

1. Upon the merger, the municipal citizenship of the dissolved municipalities is legally replaced by the citizenship of the merged municipality.

2. In the event of a division of a municipality, the participating municipalities determine in the contract or in the legislative enactment which citizenship will replace the citizenship of the dissolved municipalities.

1. No fees or other charges shall be levied, nor expenses claimed, for obligatory and urgent official acts and measures necessitated by the change in the municipal status.

2. The collection of charges under federal law remains reserved.

1. The Cantonal Council may establish exceptions to the legal provisions concerning the secondary effects of a merger or division, particularly regarding time limits and procedural details, if it is deemed necessary for the orderly execution of a merger or division.

1. In the event of changes within the municipal area, municipal boundaries may be relocated without the establishment of new municipalities or the dissolution of existing ones. The provisions regarding boundary adjustment according to the Geoinformation Act of September 8, 2003, remain reserved.

1. In the event of changes within the municipal area, the design and ancillary consequences must be regulated in a public law contract. This contract requires the approval of the eligible voters.

2. The resolution regarding changes within the municipal area is subject to the approval of the governing council. The governing council shall approve the resolution provided that there are no overriding public interests of the canton or neighboring municipalities opposing it.

1. Each municipality shall ensure that it possesses a controlling system that meets the democratic, legal, administrative, and financial minimum requirements pursuant to §§ 5 paragraph 2 and 102.

2. The cantonal supervision supports the municipality in its independent quality assurance. The control reports from the cantonal supervisory authority are directed primarily at the municipality. The municipality should undertake the necessary corrective measures in a timely manner and on its own responsibility.

3. The cantonal supervision serves as an instrument to enforce the minimum requirements within the municipality. If a municipality does not timely fulfill the minimum requirements itself, the canton shall address the deficiencies with supervisory measures.

1. Under cantonal supervision are

a. the municipalities, excluding church municipalities that are subordinate to a national church,

b. the municipal associations.

2. The provisions concerning municipal bodies apply mutatis mutandis to the association bodies.

1. The municipality submits the following documents to the cantonal supervisory authority annually

a. * ...

b. * Planning documents: municipal strategy, legislative program, task and financial plan as well as budget,

c. Control documents: accounts including minutes of proceedings and annual report, reports of the audit body with auditing documents as well as reports of any controlling commission.

1. The cantonal supervisory authority examines, as necessary, whether the organization and leadership processes of the municipality are in compliance with the provisions of this law and those of the FHGG, and whether the municipality meets the minimum requirements for lawful governance.

2. It annually reviews whether the budget and legislative program, the task and financial plan, as well as the annual report, are in compliance with superior law, particularly with the accounting regulations and the required financial indicators, and whether the municipality meets the minimum requirements for a healthy development of the financial budget.

3. The cantonal supervisory authority is not entitled to assess the appropriateness.

1. A supervisory measure can be imposed if a municipality does not meet the minimum requirements.

2. Supervisory measures are

a. Instructions to a municipal body, except to the eligible voters,

b. the substitute ordering of a decision or action by a municipal body,

c. the removal from office,

d. the withdrawal of self-administration and the appointment of cantonal administration, whose tasks are defined by the government council.

1. Cantonal Supervisory Authorities under this law are the Government Council and the supervisory authorities designated by it in the ordinance.

2. The Government Council may implement all supervisory measures in accordance with § 103 paragraph 2. The supervisory authority designated in the ordinance is responsible for issuing instructions.

1. The specialized supervision provided for in the special laws remains reserved.

1. The cantonal supervisory authority may request documents from the municipality and clarify the facts relevant to supervision ex officio.

2. The following procedure applies to matters of financial supervision

a. The supervisory authority annually reviews the planning and control documents submitted by the municipality. If the documents are incomplete or insufficiently informative, it clarifies the facts relevant to supervision.

b. If the supervisory authority does not identify any significant deficiencies relevant to supervision, it records this in the control report and submits it to the municipal council for the attention of the eligible voters.

c. If the supervisory authority identifies significant deficiencies relevant to supervision, it records these in the control report after granting the right to be heard. It may issue instructions. Additionally, paragraph 2b applies.

d. If the supervisory authority deems other supervisory measures necessary, it submits the control report, after granting the right to be heard, to the municipal council for the attention of the eligible voters and to the governing council.

1. The government council may discontinue the proceedings, refer them back to the supervisory authority designated by it for resolution, order further clarification of the facts, or impose a supervisory measure.

2. The government council may instruct the Department of Justice and Security to clarify the facts and, if necessary, order an administrative investigation.

3. The municipality shall bear the costs of the proceedings before the government council. The council may waive the costs in whole or in part.

1. If a person elected by eligible voters for the duration of their term has committed serious or repeated criminal acts or breaches of official duty, making their continued tenure incompatible with public interests, the government council may provisionally suspend them from office or remove them from office.

2. In the event of the removal of a person elected through the majority voting system, the municipal council shall schedule an extraordinary new election for the remainder of the term. For individuals elected through the proportional representation system, it shall determine the replacement according to the rules for National Council elections.

1. In the absence of other legal remedies, the decisions of the municipal authorities and municipal associations can be contested with a municipal complaint before the governing council, and the decisions of the special-purpose associations before the cantonal court.

2. The right to file a municipal complaint against a decision belongs to anyone who has a legitimate interest in its annulment or amendment.

3. The complaint period is ten days from the challenged referendum or from the delivery or public announcement of the contested decision.

4. The municipal complaint only has a suspensive effect if the complaint authority or the instructing department orders it.

5. The following can be challenged with the municipal complaint

a. the incorrect or incomplete determination of facts,

b. the incorrect application of the law, including the excess and abuse of discretion.

6. Otherwise, the Law on Administrative Justice of July 3, 1972, shall apply mutatis mutandis. The administrative court complaint is inadmissible.

1. Every local municipality and the Christian Catholic church municipality shall enact a municipal ordinance pursuant to this law, no later than January 1, 2008.

2. If a municipality does not fulfill this obligation, the governing council shall take the necessary measures and arrangements on its behalf and at its expense. The municipal council shall be heard before any such orders are issued. An administrative court appeal against the orders of the governing council is inadmissible.

3. Until the municipal ordinance comes into force, the provisions of the Municipal Law of October 9, 1962, shall apply. The provisions concerning changes in the municipal structure and municipal territory, as well as those concerning the financial budget, shall come into force immediately. § 22 paragraph 3 and the amendments to the Law on Public School Education according to § 116 subparagraph h shall come into force with respect to the term of office commencing on August 1, 2008.

1. State churches must adapt their legal foundations to this law no later than December 31, 2007. The government council may extend the deadline in justified cases.

2. As long as and to the extent that parishes and church foundations of the state churches have not yet adapted and implemented their legal foundations, the provisions of the Municipal Act of October 9, 1962, shall apply.

1. Municipal and special-purpose associations must adjust their statutes by January 1, 2008, at the latest.

2. Until and insofar as the statutes have not yet been adjusted and come into force, the provisions of the Municipal Act of October 9, 1962, shall apply. The provisions concerning the financial budget come into force immediately.

1. For the implementation of asset accounting according to § 88 and the cost disclosure according to § 77, a transition period applies until no later than January 1, 2009.

1. If the municipality does not enact regulations pursuant to § 6a by January 1, 2030, the provisions of the Organizational Act regarding access to official information according to the principle of public access shall apply accordingly.

2. The cantonal supervisory authority may extend the deadline by a maximum of six months.

1. The Act on the Term of Office of Authorities and Other Bodies in the Merger or Division of Municipalities of June 16, 2003, is repealed.

1. The following statutes are amended according to Appendix 1

a. Citizenship Act of November 21, 1994,

b. Voting Rights Act of October 25, 1988,

c. Administrative Procedure Act of July 3, 1972,

d. Municipalities Act of October 9, 1962,

e. Church Constitution Act (Introduction and Organization of Ecclesiastical Synods) of December 21, 1964,

f. Notarization Act of September 18, 1973,

g. Court Organization Act of January 28, 1913,

h. Public School Education Act of March 22, 1999,

i. School Dental Care Act of May 15, 1946,

j. Water Use and Supply Act of January 20, 2003,

k. Public Transport and Rail Freight Transport Act of May 21, 1996,

l. Social Assistance Act of October 24, 1989.

1. The Executive Council determines the commencement.

2. The law is subject to an optional referendum.