Municipalities Act (GEG) - Subject and Scope (GEG)

1. This law regulates the fundamental organization and duties of the resident municipalities, as well as supervision and legal proceedings.

2. Where this law refers to the "municipality," and unless expressly or contextually indicated otherwise, it refers to the resident municipality.

3. For local civic communities and church parishes, this law applies mutatis mutandis, unless special legislation stipulates otherwise.

4. For corporate civic communities, the law of the respective corporation applies.

1. Municipalities independently regulate their affairs within the framework of the superior law.

1. The municipalities regulate the basic principles of their organization, the responsibilities of their bodies, and the participation of eligible voters in the municipal constitution.

1. Municipalities enact additional regulations within the framework of superior law to fulfill their duties.

2. Legislative acts passed by eligible voters are called "Ordinance," whereas those by authorities are termed "Regulation."

1. To the extent that the overriding law and this statute do not dictate otherwise, the eligible voters have the authority to enact laws.

1. Eligible voters may transfer their legislative powers to an authority. The delegation must be included in the regulation and be limited to a specific area of concern. Furthermore, the regulation must itself govern the fundamental aspects of the delegated area of concern.

2. Legislative powers that are granted to an authority by virtue of a special provision may not be further delegated.

1. The municipalities publish their laws in a systematically organized legal collection.

1. Legal enactments, generally binding resolutions that affect the population, and election and voting results shall be published.

2. The municipality shall determine the publication medium in a legal enactment. It may designate the municipality's website as the publication medium for legal enactments.

1. A person is entitled to vote and be eligible for election if they are eligible to vote in cantonal matters and have a political residence in the municipality.

2. The elected person may only exercise their official duties if and as long as they reside in the municipality.

3. The Government Council may grant exceptions to the residency requirement for a limited period if there are important reasons and the fulfillment of official duties is ensured.

1. The supreme body of the municipality is the eligible voters. They exercise their rights at the ballot box or at the municipal assembly.

1. The eligible voters decide on those matters assigned to them by cantonal law, the municipal code, or another legal enactment of the municipality.

2. Within the framework of cantonal law, the municipal code determines which matters are to be submitted to the municipal assembly and which are to be decided at the ballot box.

3. Votes and elections that are to be conducted at the ballot box are governed by cantonal law.

1. The Municipal Assembly is the gathering of eligible voters in a municipality with the purpose of making decisions and holding elections that fall within its jurisdiction.

1. The municipal council determines the timing and the agenda of the municipal assembly. Reserved are special rights granted to the eligible voters by legislation.

2. The municipal assembly must be convened publicly at least eight days before it meets. The convening notice must specify the time, place, and subjects of the meeting.

3. The municipal assembly may not decide on subjects that are not included in the convening notice.

1. The municipality issues a procedural ordinance for the municipal assembly within the municipal code or as a special ordinance.

2. The procedural ordinance may provide for variant, principle, or consultative votes. The following applies

a) In variant votes, no more than two options may be submitted to the voters. The municipal council shall designate the option it prefers.

b) A principle question approved by the voters is binding on the municipal council.

c) The consultative vote follows the regular voting procedure. The result is not binding.

1. The municipal assembly is public.

2. Non-eligible voters are to be seated separately from the eligible voters. The chairperson of the proceedings may expel them from the assembly room if overriding public or private interests require it.

1. Authorities Under This Law Are Considered To Be

a) the Municipal Council

b) the School Board

c) the Social Council

d) the Independent Commissions

1. The fundamental principles of the organization of the authorities are governed by the provisions of the cantonal constitution and the municipal ordinance.

2. This applies particularly to incompatibility, exclusion of relatives, recusal, quorum, decision-making, term of office, and compulsory service.

1. Within the framework of overarching law, the municipality enacts regulations for procedures in governmental authorities.

1. The proceedings of the authorities are not public.

1. The Obligation of Authorities to Inform the Public about Important Issues, Projects, and Decisions is Governed by the Cantonal Constitution and the Public Information Act (RB 2.2711).

1. Members of authorities and private individuals who perform public duties are obligated to maintain confidentiality regarding matters they have become aware of in their official capacity.

2. The duty to uphold official secrecy remains in effect even after the position or mandate has ended.

3. The municipal council may release the affected person from the obligation of official secrecy if the interest in discovering the truth outweighs the interest in maintaining confidentiality.

1. The Responsibility of the Authorities and their Members is governed by the Provisions of the Cantonal Constitution.

1. The municipal council consists of the presidency and at least four additional members.

2. The municipal code determines the number of members and the constitution of the municipal council.

1. The Municipal Council is the leading and highest executive authority. It fulfills the tasks assigned to it by this law and special legislation. Additionally, it handles all affairs of the municipality, insofar as special legislation does not determine otherwise.

2. It is particularly responsible for

a) leading the municipality as well as planning and directing its activities,

b) organizing, managing, and supervising the administration,

c) ensuring the appropriate and economical use of resources,

d) ensuring that the principles of lawful conduct are adhered to,

e) preparing and implementing the business of the municipal assembly,

f) representing the municipality externally.

3. The Municipal Council may delegate the management of individual administrative areas to municipal employees.

1. If the municipality appoints a school board, the following applies

a) The school board consists of the president and at least four additional members.

b) The municipal code determines the number of members and the organization of the school board.

1. The duties of the school board are governed by special legislation.

2. If there is no school board and the municipal code does not provide otherwise, the municipal council assumes this responsibility.

1. In the event that the municipality establishes a Social Council, the following applies

a) The Social Council shall consist of the presidency and at least four additional members.

b) The municipal code shall determine the number of members and the formation of the Social Council.

1. The responsibilities of the Social Council are determined by special legislation.

2. If there is no Social Council and the municipal code provides otherwise, the Municipal Council shall assume this task.

1. The municipal assembly and the authorities may delegate certain areas of their duties to a non-autonomous commission. The delegated area of responsibility must be clearly defined in the establishment resolution. Such commissions may not be granted any powers of disposition.

2. These commissions are subordinate to the appointing authority. If they are appointed by the municipal assembly, the municipal council acts in their place.

3. The non-autonomous commissions are subject to disqualification obligations and the duty to maintain official secrecy. The municipal regulations or the establishment resolution may contain further provisions.

1. The municipality may elect independent commissions to fulfill certain municipal tasks and make related dispositions.

2. Independent commissions must be based on a regulation. This regulation governs at least the organization, scope of duties, and disposal powers of the commission.

1. The municipalities perform the tasks assigned to them by superior law, as well as those tasks they choose themselves.

2. Self-chosen tasks may be matters for which neither the Federation nor the Canton or, by virtue of a special provision, a third party is responsible.

3. The competencies of the church communities, the local civic communities, and the corporations remain reserved.

1. The municipalities undertake self-selected tasks through a legal decree or a resolution of the competent municipal authority.

1. Unless otherwise specified by special legislation, municipalities can fulfill their tasks

a) themselves

b) by assigning them to an independent municipal enterprise

c) by transferring them to third parties, or

d) in cooperation with one or more other municipalities

1. The municipalities may organize suitable administrative branches as municipal enterprises and endow them with separate legal personality.

1. Municipal Enterprises Require a Basis in a Regulation.

2. The regulation shall determine at least

a) the nature and scope of the services assigned,

b) the basic structure of the organization of the enterprise,

c) the financing of the enterprise, and

d) the supervision of the enterprise.

1. The municipality may obligate and authorize third parties to fulfill clearly defined public tasks through a performance agreement, provided that superior law does not prohibit this.

2. If the municipality transfers sovereign powers to the third party, it shall issue an ordinance for this purpose. This ordinance shall specifically regulate the transferred tasks and decision-making powers, as well as supervision.

3. If no sovereign powers are transferred to the third party, the municipal council is responsible for deciding on fulfillment by third parties, unless specific legislation provides otherwise. The municipality's expenditure authority remains reserved.

1. Cooperation with other municipalities is carried out by means of

a) a service contract

b) a cooperation agreement

c) a special-purpose association

1. Municipalities may enter into agreements regarding cooperation with municipalities from other cantons.

2. If such agreements involve the transfer of sovereign powers or the declaration of applicability of the other canton’s law, they shall only become valid once approved by the government council.

1. The Government Council may, upon request from the municipalities, provisionally approve forms and arrangements of cooperation that deviate from this law.

2. It approves the requested form of cooperation if it appears more appropriate in the individual case.

1. Under the performance agreement, the municipality may

a) fulfill one or more municipal tasks for another municipality

b) enable another municipality to use public facilities

c) provide administrative personnel to another municipality

d) render further services in the municipal area of responsibility for another municipality

2. Unless otherwise specified by special legislation

a) the municipal council is authorized to conclude the performance agreement if it does not delegate sovereign powers. The budgetary powers within the municipality remain reserved

b) the performance agreement must be submitted to eligible voters for approval if sovereign powers are transferred with the agreement

**1. Under the Cooperation Agreement, municipalities may agree:**

a) to deploy joint administrative personnel or joint committees

b) to fulfill one or more municipal tasks together. In this case, the provisions of the Swiss Code of Obligations regarding simple partnerships apply mutatis mutandis as municipal public law, unless otherwise specified in the cooperation agreement

c) to establish a joint institution governed by public or private law

**2. Unless specified otherwise by special legislation:**

a) the municipal council is responsible for entering into the cooperation agreement if it does not transfer sovereign powers. The spending authority within the municipality remains reserved

b) the cooperation agreement is to be submitted to the eligible voters for approval if sovereign powers are transferred under the agreement

1. Several municipalities may join together to form special-purpose associations in order to jointly fulfill one or more of their tasks.

2. The special-purpose association is a public-law corporation with its own legal personality.

1. The statutes of the association of municipalities shall determine at a minimum

a) The name, members, purpose, and headquarters of the association

b) The election, composition, and convening of the association's bodies

c) The competences of the association and its bodies

d) The principles of financing

e) The conditions and procedure for admission and withdrawal

f) The rights of the members

g) The co-determination rights of the eligible voters of the participating municipalities

1. The bodies of the public-law association are

a) the Delegates' Assembly

b) the Administrative Council

c) the Audit Commission. The provisions of this law regarding auditing shall apply mutatis mutandis.

2. The Government Council may approve a different organization if it proves to be more appropriate in a specific case.

1. The joint municipal authority maintains its own accounts. These are governed by cantonal law.

1. The members are secondarily liable for the special-purpose association according to their respective shares.

1. The statutes shall, in particular

a) ensure that each member has at least one representative in the assembly of delegates

b) clearly regulate financial competencies, specifically determining the amount of new expenditures that require the approval of all members

c) guarantee the comprehensive information rights of the members

1. The participation rights of the voting citizens must be preserved.

2. The statutes of the purpose association determine the amount of new, one-time, and recurring expenditures, as well as other important decisions, which are subject to mandatory referendums by the eligible voters of the participating municipalities.

1. The statutes of the special-purpose association determine the procedure by which the participation rights of eligible voters are to be upheld. They specify the procedure either at the municipal assembly or at the ballot.

2. The member municipalities conduct the voting. The provisions regarding regular votes and elections in the individual municipalities are to be applied.

1. The statutes of the special-purpose association are only valid once the governing council has approved them. The council examines whether the statutes are lawful.

2. The same applies to the amendment and repeal of the statutes.

1. The financial budget shall be managed in accordance with the principles of legality, budgetary balance, and the appropriate and economical use of public funds.

1. Municipalities manage their financial budget in accordance with the provisions of cantonal law.

1. Municipalities ensure auditing that is adapted to the financial budget.

2. For this purpose, they establish an audit commission. They may delegate its tasks to a professionally qualified third party, insofar as questions of financial legal admissibility or technical accuracy are concerned. Overall responsibility remains with the audit commission.

3. The municipal code governs the specifics, particularly the election and composition of the audit commission, as well as the selection of the third party and the scope of tasks delegated to them.

1. The Audit Commission reviews the budget and the annual financial statement. It also examines other matters of financial significance, particularly those on which the eligible voters decide.

2. The review is conducted with consideration to the following aspects

a) Legal financial admissibility

b) Technical accuracy

c) Financial appropriateness

1. The Audit Commission may examine the records of the municipality and question the authorities, to the extent necessary to fulfill its duties. By regulation, the municipality may also authorize the Audit Commission to directly question the municipal staff.

2. The authorities and, where a direct right of questioning exists, the staff are obligated to provide the Audit Commission with the necessary information.

3. The Audit Commission may submit proposals and requests to the affected authority.

1. The existence and territory of the municipalities are guaranteed. Changes for the municipalities are voluntary.

1. Municipalities may merge through the following methods

a) one or more municipalities are incorporated into another municipality (absorption merger)

b) two or more municipalities unite to form a new municipality (combination merger)

1. Upon consolidation, the municipalities that are absorbed by another or that merge to form a new municipality are dissolved.

2. The enlarged or newly established municipality resulting from the consolidation shall automatically assume the existing rights and obligations of the dissolved municipalities. Exceptions may apply if there are agreements to the contrary with third parties.

1. The eligible voters of the involved municipalities decide on the merger by voting at the polls on the merger contract.

2. For the merger of municipalities, the approval of the majority of the voters in each participating municipality is required.

1. The merger agreement governs the details required for the execution of the merger.

2. It specifically regulates

a) whether a new municipality is formed or one municipality incorporates other municipalities

b) the date of the merger, the boundaries, and the name of the new municipality

c) the basic structure of the organization and competencies of the new municipality

d) the transitional arrangement. This notably regulates the possible continuation and the repeal of legal provisions of the dissolved municipalities

1. Municipal mergers are only valid once they have been approved by the Executive Council. Approval is granted if the merger is lawful.

2. If the Executive Council refuses to approve the merger agreement, the Cantonal Parliament shall make the final decision on approval within the canton. The affected municipalities must be heard beforehand.

1. The canton provides the merging municipalities with

a) a one-time contribution towards the project costs for the preparation of a merger

b) a one-time contribution towards the consequences of the merger. This contribution particularly takes into account the costs of reorganization and an appropriate debt relief contribution

2. Within the scope of paragraph 1, the Cantonal Parliament decides on the amount of the contributions. It makes the final decision on the expenditures associated with this.

1. The competent directorate advises the municipal residents willing to merge. It may conduct investigations and develop proposals for these municipalities.

1. In the event of territorial changes, the boundaries between municipalities are rearranged.

2. Boundary adjustments aim to create a technically more practical and clearer boundary line.

1. The municipalities regulate the change in the area with an agreement. This agreement determines the new boundary line and, in the event of a change in area, also the legal consequences of the change.

1. The eligible voters decide on the agreement regarding the territorial change, while the municipal council decides on the agreement concerning the boundary adjustment.

2. The agreements must be approved by the government council.

1. If violations of regulations occur in the municipality, the municipal council resolves the matter. It initiates within its jurisdiction the necessary measures that are appropriate to remedy the identified issue; if it lacks jurisdiction, it turns to the competent authority. Article 68, paragraph 3 applies accordingly.

2. The municipal council may conduct investigations or have them conducted. The procedure shall follow, mutatis mutandis, the provisions of the Ordinance on Administrative Justice (RB 2.2345).

1. The Government Council exercises supervision over the municipalities and their authorities. This is subject to the municipal supervisory duty according to Article 67 and that of the special legislation.

2. The Government Council also supervises the independent municipal enterprises and the associations of municipalities.

3. The Government Council intervenes as the supervisory authority only if

a) there are indications of clear legal violations, or

b) the orderly management and administrative activities are seriously jeopardized in other ways.

1. The Executive Council shall ascertain the relevant facts of the case. For this purpose, it may review the municipality’s records, question officials and employees, and clarify the facts in any other appropriate manner.

2. The procedure shall be conducted, mutatis mutandis, in accordance with the provisions of the Ordinance on Administrative Justice (RB 2.2345).

1. If the supervisory investigation reveals a need for action, the Government Council shall take the appropriate measures.

2. In particular, it may

a) act on behalf of the municipality

b) issue directives

c) take precautionary measures

d) revoke unlawful decrees, decisions, and ordinances

e) enact substitute regulations and actions

f) issue replacement instructions

g) determine the budget and tax rate of a municipality

h) temporarily or permanently remove a member of an authority from office for repeatedly or severely violating official duties, if this is in the public interest

i) withdraw a municipality's right to self-administration and appoint a managing authority, if orderly fulfillment of tasks cannot be ensured otherwise. This is particularly the case if the municipality

1. is no longer able to make decisions due to a lack of properly constituted authorities

2. grossly violates its legal obligations

3. defies the directives of the Government Council as the supervisory authority, or

4. jeopardizes the municipality's solvency through its financial conduct

3. Decisions of the Government Council on supervisory investigations and measures are of final instance at the cantonal level.

1. If the Executive Council enacts supervisory measures, it generally imposes the costs of the investigation and measures on the affected municipality.

1. Votes and elections of the municipal assembly as well as preparatory, follow-up, and procedural orders related thereto can be appealed to the Government Council with an administrative complaint.

2. Excluded from this are legal enactments and facts whose contestability is regulated differently by special legislation.

3. Only legal violations can be contested.

4. The right to appeal is held by those who are eligible to vote in the municipality.

5. In all other respects, the provisions of the Ordinance on Administrative Justice (RB 2.2345) apply.

1. The canton respects municipal autonomy in the fulfillment of its duties.

2. Within the framework of legal provisions, it collaborates with the municipalities to accomplish common public tasks.

1. The canton establishes a point of contact for the municipalities.

2. Within the scope of its personnel and technical capabilities, the point of contact supports the municipalities upon request

a) in fulfilling their own public affairs

b) in cooperating with the canton

1. Municipalities are required to adjust their regulations to the new law within five years from the date of this law's enactment. Until then, the existing regulations of the municipalities remain in effect. Any changes to them must adhere to the new law. The same applies to independent municipal enterprises and to associations of municipalities.

2. Likewise, within five years from the date of this law's enactment, municipalities must establish the legal decrees required by this law.

3. Associations of municipalities must adjust their statutes to comply with this law within five years from its enactment. In particular, they must ensure the rights of the members and the participatory rights of the eligible voters according to this law.

4. The governing council may extend the deadlines in paragraphs 1 to 3 in individual cases if there are significant reasons or if compliance with the deadline is not feasible.

5. If a municipality or association of municipalities fails to meet the deadlines outlined in paragraphs 1 to 3, the governing council may issue substitute regulations. These will remain in force until the municipality or association enacts its own proper regulations.

1. The Municipal Council aligns the municipal legal enactments with the terms "Ordinance" and "Regulation."

1. The Law of May 1, 1859, concerning voting rights in village communities is repealed.

1. This law is subject to a referendum.

2. The government council determines when it comes into force.