Act on the Ombudsman's Office (Ombudsman Act) - Purpose

1. The Purpose of the Ombuds Office

a) to strengthen trust between the public and the entities responsible for public tasks at the cantonal and municipal levels, and particularly to mediate in conflicts between these entities and private individuals

b) to identify and rectify inadequacies and grievances in the administrations, in particular by enabling (anonymous) reporting of grievances (whistleblowing)

c) to support the Cantonal Council in exercising its supervisory authority

**1. The Ombuds Office has specifically the following tasks:**

a) Providing information to those seeking advice and offering guidance in dealings with authorities and institutions

b) Mediating in conflicts between private individuals (natural and legal persons) and authorities and institutions

c) Receiving concerns, complaints, and grievances presented by private individuals (natural and legal persons) against authorities and institutions for review

d) Receiving reports from employees pursuant to Art. 34bis of the Personnel Act for review

e) Issuing recommendations to authorities and institutions, which may pertain to the resolution of the submitted matter, future conduct, or regulation

f) Public relations work and reporting on its activities

1. The activities of the Ombudsman extend to

a) the authorities of the cantonal administration including the non-autonomous public-law institutions and enterprises, as well as, subject to paragraph 2, the judiciary and law enforcement authorities

b) the autonomous public-law institutions and enterprises, such as the University of Teacher Education Schaffhausen (PHSH), the Schaffhausen Special Schools, the Building Insurance of the Canton of Schaffhausen, and the Social Insurance Office Schaffhausen (SVA)

c) the authorities of the municipal administrations including the municipal associations

2. The scope of the Ombudsman is limited to complaints concerning denial of justice, delays in justice, and other breaches of official duty in the following authorities

a) Courts and other judicial authorities in the area of their independent judicial activity

b) Law enforcement authorities in the area of criminal prosecution

c) all authorities regarding legal remedy procedures

3. Excluded from the scope of the Ombudsman are

a) the Schaffhausen Cantonal Bank (SHKB)

b) the Pension Fund Schaffhausen (PKSH)

c) the Hospitals of Schaffhausen

d) the Cantonal Council, the municipal parliaments, and the municipal assemblies

e) religious institutions

f) all authorities regarding their legislative activities

g) disputes for which a conciliation procedure exists

1. The Ombudsperson acts upon the request of a natural or legal person or on their own initiative. They may also act upon the suggestion of an authority.

2. The request may concern an ongoing or concluded matter. It is not bound by any form or deadline. It does not affect deadlines for legal remedies and does not replace the necessary submissions or measures for safeguarding rights and obligations.

1. The Ombudsperson reviews and decides whether and to what extent they will engage with a matter.

2. If they accept a concern for further clarification, they provide the affected authority or institution with an opportunity to comment.

3. They assess the possibilities for mediation and strive to mitigate conflict situations and reach amicable solutions. In this process, they examine the questioned conduct of the authorities for legality, appropriateness, and reasonableness.

1. For the clarification of the facts, the Ombudsperson shall have, in particular, the following rights

a) Obtaining oral and written information

b) Unrestricted case-related inspection of files and their release, subject to any restrictive provisions of the federal government

c) Conducting on-site inspections

d) Holding discussions among the parties involved

e) Engaging experts for professional conflict resolution with the consent of those involved

f) Consulting experts to ascertain circumstances

1. The parties are obligated to cooperate in the establishment of the facts and in the mediation efforts of the ombudsperson.

2. Authorities are released from official secrecy obligations towards the ombuds office and are required to provide documents and information. Limitations prescribed by federal law remain reserved.

3. The ombudsperson, their staff, as well as experts and third parties consulted by them, are subject to the same confidentiality obligations as the authorities providing information. They must remain silent about their observations made in a specific case towards authorities and private individuals. The duty of confidentiality is waived if the affected person consents.

1. The ombudsperson, their employees, as well as any experts and third parties consulted by them, shall refuse to testify in any administrative, civil, or criminal proceedings regarding observations made in the fulfillment of their duties, unless the parties involved or, in criminal proceedings, the Judicial Commission of the Cantonal Council release them from their duty of confidentiality.

1. The Ombudsperson informs the parties about the result of the review and about the resolution of the procedure.

2. The Ombudsperson may

a) advise the applicants on their future conduct

b) issue a written recommendation to the involved and other authorities, as well as to the superior bodies and the supervisory authorities

c) in cases of significant public interest, disclose her recommendations, her proposals for future practice, or for legislation, at her discretion, to other authorities and the public

3. She has no authority to issue directives to the affected authorities and institutions.

4. The authorities and institutions inform the Ombuds office about the measures they intend to take.

5. There are no legal remedies available against the actions of the Ombuds office or concerning the conduct and resolution of the procedure.

1. The utilization of the Ombudsman's services is free of charge. An exception is made for vexatious utilization of the Ombudsman's services.

1. The Cantonal Council elects the Ombudsperson and a deputy, upon the proposal of the Judicial Commission, for a term of four years.

2. The Ombudsperson and the deputy are subject to personnel law, insofar as it is compatible with the provisions of the Ombudsman Act. They disclose their conflicts of interest.

1. Representation becomes particularly active in the absence or incapacity of the Ombudsperson or if there is a reason for disqualification against them, or for other important reasons.

2. The recusal of the Ombudspersons is governed by Article 2 of the Administrative Procedure Act.

1. The Ombudsperson and the Deputy must not engage in any activity that could impair their independence in the performance of their duties or that is otherwise incompatible with the responsibilities of the Ombuds Office. In particular, they may not hold a leading position in a political party alongside their role as Ombudsperson or Deputy, nor be employed in the administration or judiciary in the Canton of Schaffhausen, or hold any other public office in the Canton of Schaffhausen.

1. The Ombudsperson and the deputy are independent in the fulfillment of their duties.

2. The Ombuds office is administratively assigned to the office of the Cantonal Council.

1. The Ombudsperson is subject to the supervision of the Cantonal Council.

2. They prepare an annual detailed report on their activities for the Cantonal Council and the public and personally represent this report before the Cantonal Council. The Cantonal Council acknowledges the report.

3. They also inform other authorities, the administration, and the public about their activities in an appropriate manner.

1. The canton shall bear the costs of the Ombuds Office and the experts and third parties it engages.

2. The Ombuds Office shall prepare a budget for the tasks set out in this law and submit it to the government council, which forwards it unchanged to the cantonal council. The government council may submit differing proposals.

1. The Ombudsperson hires their staff within the budget approved by the Cantonal Council.

2. The staff work exclusively under the instructions of the Ombudsperson.

3. Personnel measures ordered by the Ombudsperson can be appealed to the Higher Court according to the provisions of Article 35 et seq. of the Administrative Procedure Act.

1. The Ombudsperson and their deputy may be removed from office by a two-thirds majority of the members present in the Cantonal Council in the event of manifest incapacity to perform their duties.

2. The Ombudsperson must immediately inform the Cantonal Council of any criminal convictions that occur during their term of office and result in an entry in the Ombudsperson's criminal record.