Act on the Organisation and Administration of Municipalities (Municipalities Act, GemG) (Gemeindegesetz, GemG) - Scope of Application (GEMG)
Table of Provisions (196)
Statutory Text (196 Articles)
1. Municipalities Within the Meaning of This Law Are
1. the political municipalities;
2. the school municipalities;
3. the church and chapel municipalities.
2. For the church and chapel municipalities, the provisions of this law apply only insofar as the church constitution does not determine otherwise.
1. The municipalities are territorial corporations under public law.
2. They encompass the area determined by the municipal boundaries.
1. The municipalities independently regulate and manage their affairs within the framework of the legislation.
1. The canton territory is divided into the following political municipalities
1. Stans
2. Ennetmoos
3. Dallenwil
4. Stansstad
5. Oberdorf
6. Buochs
7. Ennetbürgen
8. Wolfenschiessen
9. Beckenried
10. Hergiswil
11. Emmetten
1. The Existence of School Communities is Governed by Article 86 of the Cantonal Constitution.
1. The district governor establishes the structure of the Roman Catholic and the Evangelical Reformed Church in accordance with Article 88 of the Cantonal Constitution through a decision.
2. This decision is not subject to an optional referendum.
3. ...
1. The canton guarantees the existence of the municipalities.
1. A political municipality may not be divided or merged with another municipality without the consent of the qualified voters of the municipality and the canton.
2. The dissolution of school municipalities is governed by Art. 86 para. 2 of the Cantonal Constitution.
3. The formation, consolidation, or division of church and chapel municipalities is governed by Art. 88 para. 2 of the Cantonal Constitution.
1. The municipality formed by the merger assumes the legal relationships of the former municipalities; it particularly acquires their assets and liabilities.
2. In the merger of political municipalities, the former municipal citizenship rights are replaced by those of the municipality resulting from the merger.
3. If no agreement can be reached regarding the procedure to be followed in the merger of municipalities, the district council shall make a final decision upon appeal by an administrative council.
**1. If a municipality is divided, an allocation of assets and liabilities shall be made according to the ratio of the population shares; if the merger of a political municipality and a school municipality is reversed, the allocation shall be made based on the nature and needs of the two municipalities.**
2. When dividing a political municipality, a regulation must be established regarding how the former citizenship rights are to be assigned to the newly formed municipalities.
3. If no agreement can be reached on the procedure to be observed during the division of a municipality, the allocation of assets and liabilities, or the assignment of citizenship rights, the district council shall make a final decision upon the appeal by an administrative council.
1. The canton guarantees the municipalities their borders.
2. Neighboring political municipalities can, subject to approval by the government council, carry out boundary adjustments by mutual agreement, which are also binding for the other municipalities.
3. If a change in municipal boundaries arises as a result of a boundary adjustment between the canton and a neighboring canton, the consent of the municipality is required.
1. The municipalities shall retain their current names.
2. All political municipalities shall have a coat of arms. They shall independently determine their coat of arms through a resolution of the municipal assembly.
3-4
...
1. The eligible voters shall adopt a municipal code; this outlines the municipal organization within the framework of the legislation.
2. The eligible voters shall enact the regulations required for the fulfillment of municipal tasks.
1. The administrative council issues regulations to the extent authorized by legislation.
1. Municipalities may impose fines in their regulations, provided that federal or cantonal criminal provisions are not applicable.
1. Municipalities execute their own tasks and delegated tasks.
2. Own tasks are local matters assigned to the respective type of municipality, serving the welfare of the municipality, which do not fall within the responsibilities of the federal government or the canton.
3. The delegated tasks of municipalities are determined by federal law and cantonal law.
1. Municipalities may establish public-law institutions to fulfill their tasks.
2. The tasks and the basic principles of the public-law institution, such as organization and financing, are to be regulated in a statute.
1. Municipalities may transfer their duties to a public-law institution of the canton, another municipality, or another public or private organization.
2. The transfer requires the approval of the Executive Council if legislative or decision-making powers are being transferred.
1. The municipalities are subject to regular organization.
2. The political municipalities may introduce an extraordinary organization within the framework of legislation.
1. Municipalities with ordinary organization have the following bodies
1. the eligible voters;
2. the administrative council (municipal council, school board, church council, or chapel council);
3. * the presidency of the administrative council;
4. * the commissions.
5. * ...
1. Municipalities with extraordinary organization have the following bodies
1. the eligible voters;
2. the residents' council;
3. the municipal council;
4. * the municipal presidency;
5. * the commissions.
6. * ...
1. The Executive Council is required to annually determine the quorum for referendum requests, as well as requests for the convening of an extraordinary municipal assembly or for conducting a ballot vote in the municipalities, based on the eligible active citizens as of December 31, with validity for the following calendar year, and to publish this in the official gazette.
2. The quorum applicable at the time of submission of the request is decisive.
1. The petitions must be submitted on signature sheets, which must contain the following information
1. the name of the municipality;
2. the wording of the petition;
3. * the notice: "According to Article 282 of the Swiss Criminal Code, anyone who unlawfully participates in an initiative or referendum petition or falsifies the result of a signature collection for the exercise of the initiative or referendum, particularly by adding, altering, omitting, or deleting signatures, shall be punished."
1. The eligible voter must write their last name and first name by hand, legibly on the signature list, and additionally provide their own signature.
2. The eligible voter must provide all further information necessary to verify their identity, such as date of birth and address.
3. Eligible voters who are unable to write may have their name and all further information entered by an eligible voter of their choice. This person will affix their own signature alongside the name of the voter unable to write and maintain confidentiality regarding the instructions received.
1. The eligible voter may only sign the same petition once.
2. Petition sheets may not be signed before the start of the referendum period.
1. The signature sheets must be submitted to the office of the competent municipality.
2. The municipality notes the time of submission as well as the names of the individuals who submit the signature sheets.
1. The office certifies on the signature sheet the voting rights of persons signing, who at the time of certification are eligible to vote in the municipality; certification is only permitted if the signature sheets and signatures meet the requirements according to Art. 22 - 24.
2. The certification must indicate the number of signing persons whose voting rights are certified, as well as the date and the handwritten signature of the certifying person, and must denote their official capacity through a stamp or addition.
2a. The political municipality shall hand over the voting rights register to the competent municipality upon request.
3. The office forwards the signature sheets to the presidency of the responsible administrative council.
1. The Administrative Council or the Municipal Council is to invalidate
1.* the signature sheets that do not meet the requirements according to Article 22 or have been submitted late;
2.* the signatures of signatories who do not meet the requirements according to Articles 23 - 24.
2. After excluding the invalid signature sheets and signatures, the Administrative Council decides whether the petition has come into effect.
1. The deadline is met if the submission has arrived at the office by 12:00 p.m. on the last day of the deadline.
2. For the calculation of deadlines, the day of publication or delivery is not counted.
3. If the last day of the deadline falls on a Saturday, a public holiday according to the Rest Day Act, or a non-working day according to paragraph 4, it ends on the next working day.
4. Non-working days are: Berchtold's Day, Easter Monday, Whit Monday, and St. Stephen's Day.
5. Signature sheets for referendum requests must be submitted within 60 days from the publication of the decree.
1. No fees shall be charged for official acts related to applications intended for eligible voters.
1. The Voting and Referendum Act is decisive for the electoral register and voting rights certificates.
1. Municipalities are required to establish and maintain an archive for their records.
2. Record management and archiving are governed by the Archiving Act.
1. The Municipal Assembly is composed of all active citizens who attend the assembly.
2. Participation in the Municipal Assembly is a civic duty.
1. The municipal assembly exercises oversight over the administrative council, the municipal administration, as well as over public law institutions. Reserved are special provisions concerning oversight.
1. The municipal assembly reviews and adopts the municipal code and regulations.
2. ...
3. It reviews the drafts of the municipal code, the regulations, and the budget, provided they are to be submitted to a referendum in accordance with Article 74. Adoption takes place within the framework of the referendum.
1. The Municipal Assembly is responsible for the following, subject to Articles 74 and subsequent provisions
1. * the election of authorities, the finance committee, and additional committees to be elected by the Municipal Assembly according to legislative provisions;
2. the determination of the municipal tax rate;
3. decisions on expenditures and financial dispositions that exceed the financial authority of the administrative council;
4. authorization for the issuance of public bonds;
5. * setting the annual budget;
6. approval of the municipal accounts and acceptance of the accountability reports;
7. * setting compensation for members of the municipal authorities and committees in a regulation;
8. * ...
9. decision-making regarding joining municipal associations and any potential withdrawal;
10. * decision-making on the establishment or expansion of public institutions according to Article 17 and the delegation of tasks to third parties according to Article 17a paragraph 2;
11. * approval of agreements that entail obligations for the municipality exceeding the financial authority of the administrative council, inter-municipal agreements with legislative content, or which necessitate an amendment of the municipality's legislation;
12. * all other business assigned to the Municipal Assembly by legislation or by resolution of the administrative council.
2. The Assembly of the Political Municipality is further responsible for the following, subject to Article 74
1. * ...
2. decision-making on boundary adjustments according to Article 11, which affect a total area of more than 3,000 meters in individual cases;
3. decision-making on the alteration or re-establishment of names and coats of arms of the municipality according to Article 12.
1. Ordinary municipal assemblies shall be convened by the administrative council in the spring by the end of June and in the autumn by mid-December.
2. Extraordinary municipal assemblies shall be convened if the administrative council resolves to do so, or if one twentieth of the active citizens formally requests it in writing, specifying the matters to be addressed; in the latter case, the municipal assembly must be held within four months of the submission of the request.
3. The municipal assembly shall additionally be convened upon the order of the cantonal supervisory authority.
1. The rules of procedure shall be established by the administrative council.
2. The rules of procedure must be published in the official gazette at least 20 days before the municipal assembly; after publication, no new matters may be added to the agenda.
3. No final resolutions may be passed on items not included in the agenda.
1. Documents related to the transactions shall be made publicly available for 20 days prior to the municipal assembly and may be accessible on an online platform.
1. Active citizens shall be provided with the voting rights certificate, the rules of procedure, the budget, the accounts, as well as the decrees to be debated, unless the municipal ordinance stipulates otherwise.
1a. Delivery of the voting rights certificates may be waived if the voting eligibility for the municipal assembly is determined by other means.
2. The delivery must occur at least 10 days prior to the municipal assembly.
1. The municipal code may declare the municipal assembly public.
2. Non-voting guests shall be separated from the active citizens. Subject to Article 46 paragraph 2, they are not allowed to participate in the discussions or the voting.
3. The administrative council may grant access to media professionals and individuals with special interests.
1. Audio and video recordings at municipal assemblies may only be made if approved by the municipal assembly.
1. The municipal assembly is chaired by the presidency of the administrative council; if the presidency is unable to attend, it is replaced by the vice-presidency, and in their absence, by the member designated by the administrative council.
2. The chairing authority oversees the rights of the municipal assembly as well as compliance with existing regulations and ensures peace and order; to this end, it may expel individuals who disrupt proceedings and declare a municipal assembly dissolved if order cannot be restored.
1. The municipal assembly elects at least two vote counters.
1. The minutes of the municipal assembly shall be kept by the municipal clerk of the administrative council or their deputy and are public.
2. The approval of the minutes is the responsibility of the administrative council.
3. The presiding officer and the person keeping the minutes shall sign the minutes and the documents issued by the municipal assembly.
1. After the opening of the municipal assembly, the meeting chair presents the rules of procedure for discussion.
2. If a motion to change the order of proceedings is submitted, the municipal assembly decides on it.
3. The finalized rules of procedure are binding for the municipal assembly and can no longer be amended; this is subject to an early adjournment due to a late hour or another significant reason decided by the municipal assembly.
1. Each matter brought for consultation is initially explained by the applicant.
2. The administrative council may, if necessary, consult experts without voting rights for the explanation of individual matters.
3. The participation of non-voting, objecting persons, as well as property owners in the consultation of the zoning plan and the construction and zoning regulations is governed by the planning and construction legislation.
1. After the explanation of the business, the municipal assembly decides whether it wants to enter into it or not.
2. If no motion to not enter is made, entry is silently resolved.
3. Entry into the following businesses is mandatory
1. Budget;
2. Determination of the tax rate;
3. Account;
4. Report of accountability;
5. Elections;
6. Naturalization;
7. Adjustment according to Article 34 paragraph 3.
1. Upon commencement, the chairperson initiates the deliberation.
2. Upon request, they grant the active citizens the right to speak.
1. Procedural Motions Include
1. * Motions related to the form of the deliberation, the conduct of voting, or the handling of regulations;
2. * Motions requesting the postponement of deliberation or voting, referral to the administrative council, the preparatory commission, or a new commission;
2. If a procedural motion is made, discussion of the main subject is suspended and the procedural motion is addressed immediately.
3. Procedural motions according to paragraph 1, number 2 are inadmissible within the scope of the reconciliation according to Article 34 paragraph 3.
1. Amendment and rejection proposals may be submitted by any active citizen.
1a. Rejection proposals within the context of rectification pursuant to Article 34 paragraph 3 are inadmissible.
2. In the enactment or amendment of the zoning plan or a development plan as well as the associated provisions, the procedure is governed by the planning and construction legislation[10].
1. If speakers digress from the subject under discussion or become verbose, they shall be admonished by the chair of the meeting with a simultaneous threat of withdrawal of the floor.
2. After a warning has been issued, the chair of the meeting may withdraw the floor from the offending speaker and threaten them with exclusion from the municipal assembly.
3. Speakers who, through their statements or improper conduct, violate the respect for the municipal assembly or for individual citizens, shall be called to order by the chair of the meeting with a simultaneous threat of exclusion from the municipal assembly.
4. If a person does not comply with the withdrawal of the floor or the call to order, the municipal assembly may decide to exclude that person.
1. If a motion to close the discussion is made and decided upon by the municipal assembly, the discussion shall immediately be terminated.
2. After the termination of the discussion, motions may still be submitted but may no longer be explained.
1. Upon completion and conclusion of the deliberation of the matter, a final vote is taken on acceptance or rejection. Article 34 paragraph 3 remains reserved.
1. The chair of the proceedings shall announce the motions put forward before each vote and determine the voting procedure.
2. Objections to the voting procedure must be raised before the commencement of the vote. The municipal assembly shall decide on the objections.
1. If multiple mutually exclusive amendment proposals have been submitted, the two proposals with the least substantive difference are compared against each other. The proposal that receives fewer votes is eliminated. This process continues until only one amendment proposal remains. This remaining proposal is then put to a vote against the main proposal.
2. ...
1. Votes are to be conducted by a show of hands.
2. If the majority cannot be clearly determined, the vote must be repeated, counting the votes.
3. ...
1. The members of the administrative council participate in the voting.
2. When it comes to the approval of accounts and decisions relating to the supervision of the municipal administration, they must abstain from voting.
1. In the event of a tie vote, the voting shall be repeated without allowing for further discussion.
2. If the vote is tied after three attempts, the motion shall be deemed rejected.
1. In elections for authorities, the provisions of the Administrative Authorities Act regarding the electoral requirements shall apply.
2. ...
1. Every active citizen has the right to freely propose candidates for elections within the framework of the legislation.
2. Election proposals can be made until the commencement of the voting.
1. In renewal elections for authorities, the remaining members are to be placed for election in descending order of their previous term of office. The election for resigned members is then conducted.
2. If three or more nominations are made for an election, the candidate with the fewest votes is eliminated from the election in each round. If a candidate achieves the majority of all votes in a round, the election is considered to have been successful.
3. In the event of a tie, the election is conducted at most three times. Thereafter, the decision is made by drawing lots.
1. The ordinances and resolutions of the municipal assembly become legally valid upon adoption.
2. The issuance of a cantonal approval is reserved; it must be obtained by the administrative council.
1. Only motions pertaining to matters within the jurisdiction of the municipal assembly are permissible.
2. The motions submitted to the municipal assembly must not contain anything that contradicts federal or cantonal law.
1. Requests may be submitted as a general suggestion or as a detailed proposal.
2. If a general suggestion is brought to a resolution, the detailed proposal must be presented to the municipal assembly within one year.
3. If the administrative council, in justified cases, is unable to prepare the proposal within the deadline, the government council may, upon request, extend this deadline once by a maximum of two years.
1. Motions may be submitted by
1. * every active citizen, every commission, and the administrative council of the competent municipality;
2. legal entities under private and public law that have their registered office in the municipality, provided that it is a financial resolution in favor of a charitable or cooperative purpose.
1. The applications must meet the following requirements to be valid
1. they must relate to a single subject matter only; the combination of an initiative request with a referendum request is not permitted;
2. they must be clearly drafted;
3. they must include a justification, the title, and the text of the decree or decision, and must be dated and signed by the applicant.
1. Applications to the municipal assembly must be submitted to the office for the attention of the administrative council.
2. They must be discussed at the ordinary spring or autumn municipal assembly if they are submitted by March 1 or September 1, respectively; if the spring municipal assembly takes place before April 1, or the autumn municipal assembly before October 1, the administrative council must set a deadline of 30 days for the submission of applications.
3. If applications are submitted later, the administrative council shall decide whether they will be addressed at the next municipal assembly.
1. The administrative council shall decide on the admissibility of the motions to the municipal assembly.
2. Its decision can be appealed to the constitutional court by an applicant within ten days of delivery.
1. Applications that have been submitted within the deadline and declared admissible must be published in accordance with Article 37.
1. Amendments and rejection motions in the form of written motions pursuant to Art. 62 are inadmissible.
1. Written motions can only be withdrawn at the municipal assembly after their publication in accordance with Art. 37. Any person entitled to file a motion can maintain a withdrawn motion. Art. 80 remains reserved.
1. The administrative council is authorized to have the municipal assembly vote on the inclusion of individual principles into the municipality's legislation or on the procedure for preparing a matter within the competence of the municipal assembly.
2. For consultative votes with two options, Article 46 of the Voting and Election Act [12] applies mutatis mutandis.
1. The outcome of the consultative vote binds the administrative council in the drafting of legislation or in the preparation of the subject matter.
2. The binding effect does not extend to subsequent decrees and resolutions that address the same issue.
1. Decisions regarding the merger or division of municipalities, as well as the principal decision on the introduction of extraordinary organization, are subject to a ballot vote.
2. Enactments and matters of business must be submitted to a ballot vote if provided for by cantonal or municipal legislation, ordered by the administrative council, or if demanded in writing by one-twentieth of the active citizens, specifying the subjects to be addressed.
2a. Consultative votes cannot be submitted to a ballot vote.
3. Requests from active citizens must be submitted no later than eight days before the municipal assembly at which the agenda includes the subject to be addressed.
1. The members of the administrative council of the municipality, including the presidency and vice-presidency from among them, shall be elected by ballot, unless otherwise provided by the municipal code.
1a. The presidency and vice-presidency are to be elected for a term of two years, unless the municipal code stipulates a term of four years.
2. Elections to the district council shall be conducted in accordance with the provisions of the law on the proportional election of the district council.
3. Furthermore, by-elections may be conducted at any time.
1. Electoral matters shall be submitted to a ballot vote if this is provided for by the municipality's legislation, ordered by the administrative council, or requested in writing by one-twentieth of the active citizens.
2. Requests by active citizens must be submitted no later than eight days before the municipal assembly at which the election is on the agenda.
1. All members of the authority, who are required to be elected, shall be brought to election in the same voting procedure. Renewal and replacement elections are to be conducted as independent voting procedures.
2. The determination of the election results shall be governed by Art. 71 - 73 of the Electoral Act (WAG).
3. The right to propose candidates in elections is regulated by the government council in an ordinance.
4. ...
1. Amendments are inadmissible, subject to Article 34 Paragraph 3.
1. Proposals submitted to a ballot vote cannot be altered or withdrawn after the ballot has been ordered. Subject to adjustments pursuant to Article 34, paragraph 3.
2. ...
1. The municipal code must specify whether the ballot votes are to be conducted within the framework of the municipal assembly or separately from it.
2. If matters are to be submitted to a ballot vote at the request of one-twentieth of the active citizens, this vote must be conducted within six months of the submission of the request; the possible procedure according to Art. 34 para. 3 is included within this period.
1. The government council regulates the ballot voting procedure in an ordinance.
1. The administrative board consists of three to eleven members.
2. The number of members is to be determined in the municipal ordinance.
1. The election of the members of the administrative council is conducted within the framework of the legislation by the municipal assembly or by ballot voting.
2. The commencement of office for the members of the administrative council takes place on July 1st of each year. In the case of by-elections during the term of office, the administrative council, in consultation with the newly elected member, determines the commencement of office.
1. Municipalities are authorized to introduce proportional representation in place of majority voting in the municipal code.
2. The executive council regulates the procedure in an executive ordinance.
1. The administrative council is the executive and administrative authority of the municipality; it ensures an efficient, appropriate, and economical organization and management of the administration.
2. It may delegate commissions or administrative units for specific administrative branches or matters for execution.
2a These commissions or administrative units may exercise their own decision-making powers if
1. the corresponding powers are not assigned to another body under the superior legislation; and
2. a regulation by the eligible voters or the administrative council provides for it.
3. The administrative council represents the municipality externally.
1. The administrative council issues regulations for which it is authorized by legislation.
1. The administrative council is responsible for all municipal matters, insofar as these are not expressly assigned to another municipal body.
2. The administrative council is particularly responsible for
1. the approval of the minutes of the municipal assembly and the confirmation of the results of the referenda;
2. the execution of laws, ordinances, and regulations, as well as the resolutions and decisions of the cantonal authorities and the municipality's eligible voters, insofar as this authority is not reserved for specific bodies;
3. the election of employees, insofar as this is not transferred to another authority by legislation;
4. the election of commissions for specific administrative branches and individual matters, insofar as this is not transferred to another authority by legislation;
5. the decision regarding the constitutional admissibility of motions addressed to eligible voters;
6. the preparation of all matters to be handled by a superior municipal body;
7. the issuance of statements requested by the canton from the municipality;
8. the resolution of discretionary one-time expenditures and annually recurring expenditures within the financial competencies described in the municipal regulations;
9. the resolution of expenditures that are mandatorily prescribed to the municipality by legislation, irrespective of item 8, or for which the administrative council has been granted further powers by legislation or by decision of the eligible voters in individual cases;
10. the management of municipal assets and, within the framework of item 8, the disposition thereof;
11. ...
12. the approval of agreements within the financial competencies, provided no amendment of municipal legislation is necessary;
13. ...
14. the initiation of entries in the land register in cases provided for by law;
15. the submission of the accountability report for the past calendar year;
16. the planning of tasks and activities of the municipality;
17. the fulfillment of all other tasks assigned to it by legislation or resolution of superior municipal bodies.
3. The administrative council of the political municipality is also responsible for making decisions on border adjustments that affect a total area of up to 3,000 m² within the municipality in individual cases.
1. The administrative council represents the municipality in legal disputes.
1. The sessions of the administrative council are not public.
2. They are chaired by the presidium of the administrative council.
3. The members of the administrative council are obliged to vote in decisions and elections; the presidium also votes. In the event of a tie, the presidium casts the deciding vote.
1. For the validity of a resolution, a majority of votes is required.
1. Minutes of the deliberations of the administrative council shall be kept and are not public.
2. The minutes must be approved by the administrative council and signed by the person keeping the minutes.
1. The Presidency of the Administrative Council has the following duties and powers
1. * The leadership of the municipal assembly and the meetings of the Administrative Council;
2. * The supervision of the activities of the Administrative Council;
3. * The fulfillment of all additional tasks assigned to it by the regulations of the federation, the canton, or the municipality, as well as by resolution of the Administrative Council.
2. The Vice Presidency represents the Presidency when it is unable to perform its duties. If the Vice Presidency is also unable to fulfill its official functions, the next member in the hierarchy according to Article 25 of the Government Council Act assumes leadership.
3. The powers of the Presidency for the duration of this period are vested in the substitute.
**1. The Presidium acts on behalf of the Administrative Council when immediate actions are required; if the actions concern the responsibilities of another member of the Administrative Council, the Presidium shall, if possible, consult with that member regarding the measure.**
**2. If the Presidium makes a decision by way of a Presidial Decree, it must be submitted to the Administrative Council for approval at its next meeting. If the decree is not approved, it must be revoked.**
**3. The Administrative Council may also authorize the Presidium to handle specific matters of minor importance through a Presidial Decree.**
**4. The decision-making powers of the Presidium in accordance with the Administrative Procedure Act remain reserved.**
1. The municipal assembly elects for the constitutionally defined term of office a Finance Commission, which consists of three to seven members; the number of its members is determined in the municipal regulations.
2. Municipalities that encompass the same area can establish a joint Finance Commission; the municipal regulations of the participating municipalities must specify how many members each municipality delegates to the Finance Commission.
3. Neither members of the administrative council nor employees of the municipality or a public law institution of the municipality may belong to the Finance Commission.
1. The Finance Commission constitutes itself and has the following tasks
1. Examination of the municipal accounts and the accounts of the municipal institutions;
2. Examination of the settlement of the use of loans approved by the eligible voters;
3. Providing an opinion on the determination of the municipal tax rate and the tax rebate;
4. Providing an opinion on the budget;
5. Providing an opinion on all matters affecting the municipal finances at the municipal assembly;
6. Fulfillment of additional tasks assigned to it by legislation or decisions of the eligible voters.
2. It may, within the scope of its tasks, review the management of the administrative council and the other bodies and administrative offices of the municipality for legality and appropriateness of the organization.
3. It may, within the approved credit, engage experts for the technical review of the accounts.
1. The Finance Commission may, within the scope of its duties, examine all minutes and records of all municipal authorities, administrative branches, and institutions of the municipality.
1. The Finance Commission reports to the Municipal Assembly.
2. It submits to the Municipal Assembly a proposal for approval or rejection of the accounts and comments on the budget and the other matters it has reviewed.
3. If the Finance Commission identifies errors or administrative offenses, it must give the respective authority or administrative office the opportunity to correct the deficiency before reporting to the Municipal Assembly or the Supervisory Authority. The Administrative Council must be informed.
4. If the Finance Commission detects significant breaches of duty, grievances, or criminal acts, or if there is a corresponding suspicion, it reports to the Administrative Council immediately, notifying the cantonal Supervisory Authority.
1. The commissions of the municipalities are authorized to call upon members of the administrative authorities, municipal employees, as well as individuals not belonging to the administration, to provide information.
1. Municipalities establish an administrative organization in the municipal code.
2. ...
3. Municipalities may create various organizational units in their administrative organization and subordinate them directly to the administrative council, another municipal authority, a member of the administrative council, or a commission.
1. The administrative council appoints a municipal clerk; the council may designate a deputy.
1a. The municipal clerks ensure, within the scope of their authority, legally and administratively correct administrative procedures.
2. They have, in particular, the following responsibilities
1. Keeping the minutes of the municipal assembly;
2. Keeping the minutes of the meetings of the administrative council;
3. * Operational management of the office;
4. Maintenance of the municipal archive, unless this task is assigned by the administrative council to another employee.
3. ...
1. The Cantonal Personnel Act governs the applicable law for the employment relationships between the municipality and its employees.
2. ...
1. Employees of the municipality must be insured against the economic consequences of old age, disability, and death with a registered pension institution. The municipality's affiliation as an employer is established through an affiliation contract.
2. The conclusion, amendment, and termination of an affiliation contract require the participation of the joint personnel commission, subject to approval by the municipal assembly.
1. Political municipalities may establish an extraordinary organization, provided that the school municipality has been dissolved and its responsibilities and powers have been assumed by the political municipality.
**1. The Application for the Introduction of an Extraordinary Organization Can Be Made By:**
1. the Municipal Council;
2. * one-twentieth of the active citizens through a written request;
3. a consultative vote of the municipal assembly.
**2. The Principle Decision Must Be Made by Ballot Voting and Can Be Decided Simultaneously with the Resolution on the Abolition of the School Municipality.**
**3. The Principle Decision Is Legally Effective Only After the Amendment of the Municipal Ordinance in Accordance with Art. 115, Either at the Beginning of the Next Calendar Year or at the Time Specified in the Municipal Ordinance.**
1. If the extraordinary organization has been fundamentally decided, the municipal council must present an appropriate municipal ordinance to the eligible voters for resolution within six months.
2. If the municipal ordinance is rejected, the introduction of the extraordinary organization is considered declined.
1. The extraordinary organization can be abolished through a fundamental decision of the eligible voters and the subsequent approval of a new municipal ordinance; if the municipal ordinance is rejected, the abolition of the extraordinary organization is considered as declined.
2. The abolition becomes legally effective at the beginning of the next calendar year following the amendment of the municipal ordinance, or at the date specified in the municipal ordinance.
3. The application for the abolition of the extraordinary organization can be submitted by
1. the Residents’ Council;
2. the Municipal Council;
3. * one-twentieth of the active citizens through a written petition.
1. Unless otherwise specified in the section of the law concerning the extraordinary organization, the provisions of the section on the ordinary organization shall apply mutatis mutandis, particularly with regard to the administrative council, the commissions, as well as the officials and employees.
1. The eligible voters exercise their rights at the ballot box.
1. The voters shall decide on
1. the municipal code as well as ordinances and regulations, insofar as these are not declared the responsibility of the municipal council or the town council by legislation or by resolution of the voters;
2. the abolition of the extraordinary organization;
3. the determination of the municipal tax rate;
4. resolutions concerning expenditures and financial dispositions that exceed the financial powers of the municipal council;
5. resolutions concerning membership in municipal associations and any potential withdrawal;
6. resolutions regarding the establishment or expansion of public institutions, as well as concerning the transfer of specific tasks to an institution of the canton, another municipality, or public or private entities;
7. the approval of agreements that result in obligations for the municipality which exceed the financial powers of the municipal council or necessitate an amendment of the municipal legislation;
8. resolutions regarding the amendment or re-establishment of the name and coat of arms of the municipality in accordance with Art. 12;
9. all other decrees and transactions in accordance with the legislation of the municipality.
1. The following are to be elected by the eligible voters
1. the delegation in the District Council;
2. the members of the Resident Council;
3. the members of the Municipal Council and from among them, for a term of two years, the President and the Vice-President;
4. the members of other authorities and the officials in accordance with the legislation of the municipality.
2. Article 130 is reserved; otherwise, Article 77 applies accordingly.
1. Subject to a referendum are also the following, if demanded in writing by one-twentieth of the eligible citizens within two months of the publication of the enactment or resolution
1. the ordinances, regulations, and supplementary provisions issued or amended by the Municipal Council or the City Council according to Article 14;
2. the annual budgets;
3. the resolutions passed by the City Council concerning expenditures and financial dispositions that exceed half of the financial authorities defined for the City Council in the municipal regulations.
1. The right to submit an application is governed by the provisions of Articles 62 and following, unless otherwise specified below.
1. In addition to those entitled to submit applications pursuant to Art. 64, the municipal council may also submit applications.
1. The Residents' Council shall decide, upon the request of the Municipal Council, on the admissibility of proposals for the attention of the electorate.
2. Its decision may be appealed to the Constitutional Court by an applicant within ten days after delivery.
1. The Residential Council and the Municipal Council can, with the exception of the cases referred to in Art. 121, draft counter-proposals and submit them together with the proposals for a ballot vote.
2. Counter-proposals must meet the requirements according to Art. 65.
3. The provisions of Arts. 124 and 68 apply to admissibility and publication.
1. Concerning the Irrevocability and Maintenance of Proposals, Article 80 applies.
1. The Executive Council regulates the referendum procedure in an implementing ordinance.
1. The Municipal Council consists of 20 to 50 members.
2. The number of members is determined by the municipal code.
1. Members of the Government Council as well as the Municipal Council may not belong to the Residents' Council.
2. In other respects, the provisions of the Authorities Act concerning the eligibility requirements for election apply to the election of the Residents' Council.
1. Municipalities are authorized to introduce proportional representation instead of majority voting in the municipal ordinance.
1. The provisions of the Administrative Authorities Act apply to the term of office, the transfer of office, the swearing-in, and the termination of membership.
1. The Municipal Council elects, for a term of office of two years, the President, the Vice President, two vote counters, and a deputy vote counter; these individuals form the office of the Municipal Council.
2. The President is not eligible for re-election as such for the subsequent two-year term.
3. The Municipal Council elects, for a term of office of four years, the Clerk, who does not need to be a member of the Municipal Council and concurrently serves as the Clerk of the office.
1. The Residents' Council enacts regulations, subject to an optional referendum, for which it is declared competent by legislation or by decision of the eligible voters.
2. Furthermore, it is responsible for drafting those decrees that it presents to the eligible voters for approval.
1. Further responsibilities of the Residents' Council include
1.* the election of authorities, commissions, and officials to be appointed by the Residents' Council in accordance with the statutory provisions;
2. the decision on the constitutional admissibility of proposals to be put to the eligible voters according to articles 124 and 125;
3. the interpretation of municipal legislation, but never in a case pending before the court;
4. the resolution on freely determinable one-time expenditures within the financial competencies defined in the municipal regulations;
5. the resolution on expenditures that are mandatory for the municipality by law, irrespective of item 4, or for which broader powers are transferred to the Residents' Council by legislation or, in individual cases, by decision of the eligible voters;
6. the right to dispose of financial assets, excluding participations in private, public, or mixed enterprises and subject to article 88 paragraph 2 item 10;
7. the right to dispose of administrative assets within the framework of item 4, subject to article 88 paragraph 2 item 10;
8. the resolution on expenditures for the maintenance of buildings and facilities owned by the municipality, irrespective of item 4, but subject to article 88 paragraph 2 item 8;
9. the authorization to take out public loans;
10. the determination of the annual budget;
11. the approval of municipal accounts and acceptance of accountability reports;
12. the determination of compensation for members of municipal authorities and commissions, subject to article 121;
13. the resolution on the employment relationships and salaries of officials and employees and on the creation of new positions, as far as the Residents' Council does not delegate this competence to the administrative council, subject to article 121;
14. the approval of agreements within the scope of financial competencies, subject to article 88 paragraph 2 item 12, provided these do not result in changes to the municipal legislation;
15.* ...
16. the resolution concerning boundary adjustments that in individual cases affect a total area of more than 3,000 m² of municipal territory;
17. the overall supervision of all branches of municipal administration as well as public institutions;
18. all other tasks assigned to the Residents' Council by legislation.
1. The right to submit motions to the Municipal Council is held by each member of the Municipal Council as well as the Town Council and its members.
2. Furthermore, every active citizen is entitled
1. to request an explanation of a decree of the municipality;
2. to submit a motion on matters that fall under the jurisdiction of the eligible voters, either as a general initiative or as a drafted proposal.
3. A motion according to paragraph 2 number 2 must be dealt with by the Municipal Council within one year of its submission; the mover can justify the motion orally before the Municipal Council.
1. The members of the Residents' Council and the Municipal Council are obligated to attend the meetings of the Residents' Council.
2. The members of the Municipal Council have an advisory vote.
1. The meetings of the Residents' Council shall be public within the framework of the legislation.
2. The Residents' Council may decide to conduct a closed session if it appears necessary in the interest of public order or for other important reasons; the motion to conduct a closed session will be discussed and voted upon in the absence of the public.
3. Audio and visual recordings may only be made if authorized by the Residents' Council.
4. The resolutions of the Residents' Council shall be published.
2. The local council may regulate the organization and procedure of the local council by ordinance within the framework of the legislation.
1. The tasks and powers of the municipal council are governed by Articles 86 to 90.
2. Article 134 numbers 2, 5, and 8 remain reserved.
3. The resident council is responsible for granting the power of attorney in place of the municipal assembly.
1. Two or more municipalities may form a municipal association to fulfill common tasks and to establish and operate joint public institutions.
1. The approval of the statutes by the Government Council and the accession of the number of municipalities stipulated in the statutes result in the establishment of the municipal association as a public law corporation.
2. The municipal association assumes the position of the affiliated municipalities to the extent of the delegated tasks and assumes their duties and rights in this area.
1. Within the confines of their duties and legislation, the municipal associations may issue binding regulations, particularly regarding the establishment and operation of their institutions, in accordance with their statutes.
2. These regulations apply in the affiliated municipalities as if they were their own decrees and take precedence over other municipal legislation.
1. The accession to a municipal association occurs through a resolution by the municipal body responsible according to municipal legislation.
2. The subsequent accession of additional municipalities also requires the approval of the assembly of delegates.
3. The accession includes the recognition of the statutes.
1. Subject to differing provisions in other laws, the district council may, in the presence of special circumstances, require municipalities to join an association of municipalities or require the association to admit additional municipalities, provided that this is clearly in the public interest. The association of municipalities and the affected municipalities must be heard before a decision is made.
2. If, in the event of a compulsory accession, no agreement is reached between the association of municipalities and the newly joining municipality, particularly regarding the distribution of financial burdens or the appointment of the association's bodies, the government council shall decide.
1. The withdrawal of a municipality from a municipal association is permissible if the continuation of the association among the remaining municipalities is not unduly hindered and the association's tasks have become obsolete for the withdrawing municipality or can be fulfilled just as effectively outside the association.
2. The withdrawal must be resolved by the competent municipal body and requires the approval of the government council, which must hear the municipal association and the municipality before making its decision.
1. Withdrawal shall not occur at an inopportune time; in school community associations, it is permitted only at the end of a school year, and in other community associations, only at the end of a calendar year.
2. Community associations that require more costly facilities, determined by the number and size of the member communities, to fulfill their duties may exclude withdrawal for a specific extended period in their statutes or make it contingent upon the withdrawing community assuming a proportionate share of the association's outstanding facility debts corresponding to its participation in the association.
3. The Executive Council shall refuse approval in accordance with Art. 145 para. 2 if the withdrawal contravenes legal provisions or clearly violates the public interest.
1. The notice period is one year unless a longer period is prescribed in the statutes.
1. The departing municipality must fulfill all obligations imposed on it by the legislation and statutes at the time of its departure.
2. It is only entitled to a share of the association's assets if the departure results in financial benefits for the association.
3. The costs incurred by the association due to the departure of a municipality shall be borne by the departing municipality.
4. If the parties cannot agree on the consequences of a departure, the government council shall decide.
1. A municipal association may be dissolved
1. by unanimous resolutions of all member municipalities;
2. by resolution of the majority of the member municipalities if the association’s functions have become insignificant or can be fulfilled equally efficiently without the association.
2. The dissolution resolution requires approval by the government council, which must hear the municipal association and the dissenting municipalities before making a decision.
3. The government council must refuse approval if the dissolution contravenes statutory provisions or clearly violates the public interest.
1. The liquidation is the responsibility of the association's bodies.
1. The provisions regarding the financial budget of the municipalities shall apply mutatis mutandis to the municipal associations.
1. The municipal associations are required to submit an annual report on their activities.
2. The annual report must be made available to active citizens along with the annual financial statement and the audit report, and provided free of charge.
1. **Approval of the Government Council is required when:**
1. municipalities of other cantons participate in a municipal association;
2. municipalities participate in municipal associations of other cantons;
3. a municipal association enters into an agreement with a municipal association of another canton.
2. **The Government Council is authorized to regulate the status of inter-cantonal municipal associations with other cantons.**
1. The municipal associations, like the municipalities, are subject to cantonal supervision.
1. The statutes shall regulate the organization and procedure of the municipal association within the framework of the legislation and must include provisions on
1. the name, purpose, and duration of the municipal association;
2. the municipalities affiliated with the municipal association;
3. the composition of the delegation assembly, the board, and the control body;
4. the procurement of funds;
5. the liability for association debts;
6. the handling of an asset or debt surplus in the event of the dissolution of the association;
7. the type of required publications.
2. The statutes may contain additional provisions, particularly concerning approval quorums and the issuance of regulations.
1. Amendments to the statutes require approval by the assembly of delegates and the bodies responsible for decisions regarding membership in the affiliated municipalities, as well as the approval by the government council.
2. For the amendment of certain non-essential provisions, the statutes may provide for a simplified procedure.
3. If individual municipalities refuse to consent to a statutory amendment that has been approved by the assembly of delegates and the other municipalities, the government council may declare the statutory amendment binding, provided that it is evidently in the public interest.
1. The Bodies of the Municipal Association are
1. the eligible voters in the individual affiliated municipalities;
2. the delegates' assembly;
3. the board;
4. the audit office.
1. The delegates' assembly is the governing body of the municipal association.
2. Its composition is determined by the statutes.
1. The members of the Delegates' Assembly are elected by the individual municipalities in accordance with the statutes for the term of office of the Cantonal Council.
2. Each municipality is entitled to at least one vote. In municipal associations comprising more than two municipalities, no single municipality may hold more than half of all the votes.
3. The delegates exercise the voting rights for their municipality. This right can be exercised by a single delegated person.
1. The delegates' assembly takes all measures and makes all decisions necessary for fulfilling the purpose of the municipal association.
2. The delegates' assembly is specifically responsible for
1. * the election of members of the board who must not simultaneously belong to the delegates' assembly;
2. * the election of the presidency and vice-presidency of the board;
3. * ...
4. * the election of the members of the supervisory body;
5. the election of the association's employees, unless the board is declared responsible for this by the statutes or decision of the delegates' assembly;
6. * adopting resolutions on the subsequent admission of municipalities in accordance with Articles 143 and 144, on amendments to the statutes within the framework of Article 157, and on the dissolution of the municipal association within the framework of Article 149;
7. issuing regulations within the limits of the statutes and legislation;
8. * setting the annual budget;
9. the approval of the annual financial statement and receiving the accountability report;
10. if the association's purpose involves the establishment and operation of a public institution, the resolution concerning its design and execution, subject to Article 165 Paragraph 1 Number 6;
11. * determining the remuneration of the members of the association's organs in a regulation;
12. * ...
13. all other business not expressly assigned to the board.
3. The delegates' assembly holds elections required of it for the duration of the legislative period of the regional council; the mandate holders can be re-elected.
1. The general assembly of delegates shall convene at least once a year.
2. It shall also convene
1. if ordered by the presidency of the board;
2. if requested by the board or the administrative council of an association community;
3. if one quarter of the members request it in writing, specifying the subjects to be addressed.
3. The date of the meeting shall be determined by the presidency.
1. The assembly of delegates is presided over by the presidency of the executive board; if the presidency is unable to attend, it is represented by the vice-presidency. If the vice-presidency is unable to attend, the next member in the order of succession according to Article 25 of the Government Council Act shall assume the leadership.
2. The secretariat shall keep the minutes, which must be submitted to the assembly of delegates for approval.
3. The resolutions are to be published.
1. The board of directors is the executive body of the municipal association.
2. The number of board members ranges from three to nine and is specified by the statutes.
1. The Board is entrusted with
1. the execution of the resolutions of the Delegates' Assembly;
2. the preliminary discussion of all matters to be addressed by the Delegates' Assembly;
3. the management of the association's assets, the keeping of the association's accounts, and the annual financial reporting;
4. the annual submission of a report on the association's activities;
5. the collection of contributions owed by the affiliated municipalities, the levying of fees and charges from beneficiaries, and the assertion of claims against the federal government, the canton, and third parties;
6. * the awarding of contracts, unless a commission is declared responsible for this;
7. * the issuance of service regulations and job descriptions, as well as the determination of salaries for the association's employees;
8. * the representation of the municipal association externally; powers of attorney for legal proceedings must be obtained from the Delegates' Assembly;
9. * the election of the secretariat for the Board and the Delegates' Assembly.
2. The statutes or the Delegates' Assembly may assign additional tasks to the Board.
1. The provisions of Article 91 and the following apply mutatis mutandis to the procedure.
1. The audit committee shall consist of at least two individuals who must not be members of the board.
2. The audit committee is tasked with examining the association’s accounts annually and reporting the results in writing.
3. The audit committee may conduct interim audits at any time and without prior notice.
1. The funds required to achieve the association's purpose shall be raised through
1. Contributions from the affiliated municipalities according to the principles established in the statutes;
2. Fees and contributions from beneficiaries;
3. Contributions from the federal government, the canton, and third parties;
4. Income from the association's assets.
1. If the purpose of the association requires the establishment or expansion of a public institution, the shares of the affiliated municipalities in the capital costs must be decided by the competent bodies of the municipalities.
2. If a municipality refuses to pay its share of the costs, the governing council shall decide whether the municipality must be compelled to pay its share or withdraw from the municipal association.
1. The board levies operational contributions from the member municipalities in accordance with the statutes, to the extent that the municipal association cannot cover its expenses from other revenues.
2. The municipalities are obligated to pay the contributions determined by the municipal association.
1. The municipal association may levy fees for the services claimed.
2. Additional natural and legal persons who benefit economically from the activities carried out by the municipal association may be obliged to make appropriate contributions.
3. The municipal association may issue more detailed provisions regarding the fees and contributions of the beneficiaries within the framework of the statutes in a regulation.
1. Upon the dissolution of the municipal association, its assets shall be liquidated.
2. Any surplus remaining after the settlement of all liabilities shall be distributed to the affiliated municipalities in accordance with their statutory cost shares.
1. The obligations of a municipal association are primarily the responsibility of the association itself.
2. The affiliated municipalities are subsidiarily liable in accordance with their cost shares as stipulated in the statutes; to the creditors of the municipal association, the associated municipalities are jointly liable for the association's debts existing at the time of dissolution.
3. For withdrawing municipalities, this liability continues throughout the entire calendar year following their withdrawal.
1. Municipalities, municipal associations, and public law institutions of the municipalities are under the supervision of the canton within the framework of legislation; they are required to comply with the orders of the supervisory authority.
2. The supervisory authority is the cantonal government; it may delegate its supervisory powers, except for the restriction or abolition of self-governance, in whole or in part, to individual directorates.
1. The approval of the Government Council is required for their validity
1. * Enactment or amendment of
a) the municipal code;
b) the statutes and regulations of municipal associations;
c) * the regulations and ordinances of the municipalities;
2. Resolutions concerning the alteration of municipal boundaries according to Article 11, Paragraph 2;
3. * Agreements between municipalities inside and outside the canton concerning the joint fulfillment of tasks and the joint establishment of institutions;
4. Resolution on the withdrawal from a municipal association;
5. Resolution on the dissolution of a municipal association;
6. Resolutions and agreements in accordance with Article 153.
2. Approval is to be granted if the enactments, agreements, and resolutions contain nothing that contradicts federal law or cantonal law, and if they do not exhibit any other significant substantive or formal deficiencies.
3. If they exhibit significant deficiencies, they should be returned by the Government Council; minor deficiencies can be remedied through amendments in the approval decision.
4. The enactments, agreements, and resolutions shall come into force with the legal force of the approval, provided that their coming into force is not determined otherwise.
1. The government council monitors that the administration of the municipalities and municipal associations is conducted in accordance with the regulations.
2. The organs appointed by the government council are authorized to inspect minutes, registers, and files, as well as to request the necessary information.
1. The accounts of the municipalities and municipal associations must be submitted to the cantonal finance directorate by the end of April at the latest.
2. The directorate examines whether these accounts comply with legal regulations and, if necessary, makes the required arrangements.
**1.** If unlawful conditions are identified in the legislation, administration, or accounting of a municipality, a municipal association, or a public-law institution of a municipality, cantonal offices and directorates must immediately inform the government council; the right to report such conditions is also granted to every active citizen of the municipality.
**2.** The government council will investigate the situation after hearing the responsible authority and, if necessary, request the rectification of the identified deficiencies within a reasonable deadline.
**3.** If the request is not complied with within the set deadline, the government council shall take the necessary measures to restore the lawful condition; in urgent cases, the government council may order provisional measures without a prior investigation.
**4.** The government council may impose the costs of the investigation and measures on the municipality, the municipal association, or the public-law institution of a municipality; the reporting individual is only liable for the costs if they knowingly or with gross negligence provided false information.
1. The government council may impose a disciplinary sanction on authorities' members who disregard the supervisory authority's requests, in accordance with the provisions of the Authorities Act.
1. Members of authorities may be dismissed from their office by the government council for important reasons, particularly due to inability to perform their duties, notwithstanding Art. 208.
2. The provisions of the Authorities Act shall apply mutatis mutandis.
1. Municipalities, municipal associations, or public-law institutions of a municipality that persistently refuse to comply with the orders of the government council, or where for other reasons, particularly due to the inability to appoint authorities or fulfill financial obligations, a lawful and orderly administration is no longer guaranteed, the government council withdraws self-administration wholly or partially as long as the interests of the canton and the supervised municipality, or respectively, the municipal association or the public-law institution of the municipality, require it.
2. The government council appoints one or more trustees to manage the administration in place of the otherwise responsible bodies, at the expense of the municipality, the municipal association, or the public-law institution of the municipality, in accordance with regulations.
1. Objections to decisions made by committees and organizational units subordinate to the administrative council or another municipal body can be filed with the deciding instance within 20 days of notification.
2. Municipalities may provide in their municipal ordinances or regulations the possibility of filing objections against decisions of the administrative council, unless coordination with procedures of other bodies is required.
1. The Government Council adjudicates complaints regarding the exercise of political rights and the validity of elections and votes in the municipalities.
2. Entitled to lodge a complaint pursuant to para. 1 are any active citizen of the municipality or the municipalities affiliated with the municipal association, as well as political interest groups, provided they are constituted as a legal entity and are politically active in the municipality.
3. The complaint pursuant to para. 1 can be submitted within 3 days following the delivery of the decision or after the complainant has gained or should have gained knowledge of the decision or any irregularities.
4. Against decisions of the Government Council that, due to serious breaches of duty by a municipality, completely or partially revoke the right of self-administration or order other measures, an administrative complaint may be lodged by the administrative council with the Landrat within 20 days.
1. The Constitutional Court adjudicates complaints
1. concerning the exercise of political rights and the validity of elections and referendums in the municipalities after assessment by the Government Council according to Art. 219 para. 1;
2. * regarding the legality of regulations and ordinances of municipalities, municipal associations, and public-law institutions of the municipality;
2a. * against approval decisions of the Government Council for enactments according to no. 2.
3. against decisions of the Land Council according to Art. 219 para. 4;
4. against decisions of the Government Council according to Art. 144 para. 2, Art. 146 para. 3, Art. 148 para. 4, and Art. 149 para. 3;
5. against decisions of the administrative council or the residents' council concerning the constitutional permissibility of proposals intended for eligible voters.
1. Entitled to file constitutional complaints are
1. * in the case of Art. 220 Nos. 1 and 2, any active citizen of the municipality, a municipality affiliated with the municipal association, or a municipality belonging to the public-law institution;
1a. * in the case of Art. 220 No. 2a, the administrative council;
2. in the case of Art. 220 No. 3, the administrative council as well as the government council;
2a. * in the case of Art. 220 No. 4, the board of directors and the administrative council;
3. * in the case of Art. 220 No. 5, any applicant.
1. Constitutional complaints pursuant to Art. 220 Nos. 1 and 5 must be submitted within 3 days.
1a. Procedures for constitutional complaints pursuant to Art. 220 No. 2 are to be suspended until the executive council has made a decision on the approval.
2. Furthermore, the appeal deadlines of the Ordinance on the Procedure before the Constitutional Court apply.
1. Violations of the provisions of this law or of the decrees and orders based thereon shall be punished by a fine, unless penal provisions of federal law are applicable.
1. The executive body of the municipality, the municipal association, or the public institution of the municipality, as well as the government council within the scope of its supervision, are obliged to file a criminal complaint if the offense is not minor.
1. Municipalities must enact their municipal code by December 31, 1975.
2. If a municipal code is not yet in force by December 31, 1975, the governing council shall issue the necessary orders.
1. Existing municipal associations and other entities pursuing the objectives of such associations at the time of this Act's entry into force must amend their statutes to comply with this Act by December 31, 1975.
1. In order to realize the existence of the school municipalities pursuant to Art. 5, the procedural provisions of Art. 102 of the Cantonal Constitution must be adhered to.
1. If the part of the municipality of Oberdorf belonging to the Roman Catholic parish of Stans wishes to detach itself from the parish of Stans, the procedural provisions of Art. 103 of the Cantonal Constitution must be observed.
2. The decision-making can occur at the municipal assembly, unless a referendum according to Art. 74 is ordered.
1. The existing parishes for the poor shall remain in place until a different arrangement is established by law.
2. Each parish for the poor shall deliver the proceeds of the taxes for the poor paid by citizens of other municipalities in Nidwald to the poor fund of the home municipality of the respective citizens; however, no parish for the poor may demand more tax for the poor from the parish of residence than it receives itself from its own taxpayers based on the applicable tax rate.
3. Furthermore, the provisions of this law shall apply mutatis mutandis to the parishes for the poor, unless the municipal regulations specify otherwise.
1. Pending the enactment of a regulation pursuant to Art. 138, the provisions of the Landratsverordnung shall apply mutatis mutandis.
1. For electoral and voting transactions of the municipal assembly, which have already been published according to Art. 37 at the time this amendment comes into force, the previous law shall apply.
1. Regulations and ordinances that were legally adopted at the time of the entry into force of this amendment shall remain in effect. Provisions that conflict with the new law are not applicable.
2. If regulations and ordinances are amended, they must be adjusted to conform to the new law.
1. If a municipality changes the term of office for the presidency and vice-presidency from two to four years, it must enact the necessary transitional provisions in the municipal regulations.
1. The existing coats of arms shall remain valid until a differing resolution is passed by the municipal assembly.
1. The municipal associations must amend their statutes and elect the board in accordance with the new regulations within four years from the effective date of the amendment of October 23, 2024. Until this implementation occurs, the previous provisions shall remain in effect.
1. The Civil Rights Act of April 27, 1969, is amended as follows: ...
1. The Organizational Act of April 30, 1967, is amended in Article 70, paragraph 1, to read as follows: ...
1. The Administrative Authorities Act of April 25, 1971 is amended and supplemented in Article 35 as follows: ...
1. The Civil Service Act of April 26, 1970 is amended in Article 72 to read as follows: ...
1. The Executive Council enacts the provisions necessary for the implementation of this law in a regulation.
1. This law shall come into force upon adoption by the Landsgemeinde.
2. The provisions that need or can be further elaborated by the municipal code shall enter into force with the enactment of the municipal code, but no later than January 1, 1976.
3. All provisions that conflict with it are hereby repealed.