Act on Prefects and Prefectures (Lpréf) - Purpose

1. The purpose of this Law is to

a. define the status of prefects;

b. determine the powers of prefects;

c. regulate the organization of prefectures.

1. Each district has a prefecture.

2. The prefecture constitutes the State's local administrative entity in the territory. It provides the services entrusted to it by law.

3. The prefect is a magistrate. He exercises the administrative and judicial powers conferred upon him by special laws.

1. The Council of State appoints at least one prefect per district.

2. The prefect assumes the general management of the prefecture. He is responsible for its internal organization. He is the representative of the prefecture to the Council of State.

3. In districts with multiple prefects, regulation [A] establishes the internal organization of the prefecture.

1. Prefects may carry out their duties in multiple districts.

1. The Prefect is directly accountable to the Council of State. He is placed under the administrative authority of the head of the department responsible for prefects (hereinafter: the department). [B]

2. The independence of the Prefect in the exercise of his judicial powers is guaranteed.

1. Prefects are appointed following a public competition.

2. They are appointed for the period ending on December 31 of the year in which the legislative term ends.

3. Prefects are not subject to the law on the personnel of the State of Vaud (hereinafter: LPers) [C].

1. At the beginning of each legislature, no later than September 30, the Council of State decides to renew the prefects in office for a period of five years.

2. The Council of State may choose not to renew a prefect who no longer meets the requirements of the position due to their aptitude, performance, or behavior.

3. The Council of State shall notify the decision not to renew in writing no later than three months before the end of the appointment period, indicating the reasons. The prefect is heard before this decision is made.

4. If a prefect is not renewed, they are entitled to compensation, the amount of which is determined by Regulation [A].

5. The Labor Tribunal of the Cantonal Administration has jurisdiction in case of dispute.

1. The prefect may resign by giving six months' notice effective at the end of a month.

2. Furthermore, the termination of employment relationships is governed by Articles 54, letters a) to d) and f), 55 to 57, 61, and 62 of the LPers [C], which apply by analogy.

1. Upon assuming office and after each renewal, the prefect is sworn in by the Council of State.

2. The content of the oath is as follows

3. "You swear to uphold the Federal Constitution and the Constitution of the Canton of Vaud, to maintain and defend the freedom and independence of the country, to perform your duties with conscience, diligence, and fidelity, and to scrupulously adhere to the general and specific duties imposed on you or that will be imposed on you by the laws and their implementing provisions. You also swear to act in all circumstances in accordance with the interests of the State and to refrain from anything that could cause it loss or damage."

1. The Council of State sets the salary of the prefects.

2. Articles 14 to 16, 21 to 24, 26, 30 to 35, 40 to 42 of the LPers [D] apply by analogy to these magistrates.

3. The prefects are insured with the Pension Fund of the State of Vaud.

1. The Council of State is responsible for the training of prefects.

1. In principle, twice per legislative term, the work of the prefect is subject to a performance review aimed at setting objectives for the prefect and evaluating their work.

2. A delegation from the Council of State conducts the performance review.

3. Regulation [A] sets out the terms and conditions concerning the performance review and evaluation.

1. The prefect must dedicate all his time to his duties, except to fulfill other mandates that may be entrusted to him by the Council of State.

2. He may not directly or indirectly engage in any commerce, industry, profession, nor be part of the governing body of a legal entity.

3. He may not hold any other public office.

4. However, the Council of State may authorize exceptions to these rules.

1. The prefect must have their domicile in the district.

2. The Council of State may authorize exceptions to this rule.

1. Each year, the prefect submits a report to the Council of State on the activities of the prefecture and the situation in his district.

1. The prefect represents the Council of State in the district, both to the municipal authorities and to the population.

2. He actively ensures the implementation of the Council of State's decisions.

1. The Prefect exercises the administrative powers conferred upon him by special laws.

2. In particular, he exercises the following powers

a. the execution of decisions taken by the Council of State and the departments, when so instructed by them;

b. the installation and swearing-in of communal authorities, magistrates, and other district agents;

c. the issuance of authorizations, permits, licenses, and other official documents;

d. the provision of opinions to the Council of State, the Cantonal Court, or the departments on matters on which he is consulted;

e. the inspection and examination of acts, accounts, and registers, in accordance with the instructions of the departments concerned, and whenever requested by the competent authority;

f. conciliation in apprenticeship matters.

1. The Prefect shall rule on any matter that penal legislation places within his jurisdiction. He shall provide, in particular

a. for the repression of minor offenses;

b. ...

c. for the collection of fines he imposes. He may delegate recovery tasks to an administrative service.

1. The Prefect exercises the power of president of the conciliation commission for leases as provided by

a. the law establishing the procedure in disputes relating to immovable property leases and non-agricultural farm leases [F];

b. the law implementing the federal law on agricultural farm leases [G].

1. The prefect offers his good offices in any public or private dispute that can be settled amicably.

1. The prefect oversees the organization and conduct of voting and elections.

1. The prefect communicates to the Council of State or the concerned department the facts likely to interest them or require their intervention.

2. He conducts administrative investigations on his own initiative in cases specifically provided for by law or on the order of the Council of State or at the request of a department.

1. The prefect exercises general oversight over the maintenance of public order and safety.

2. For this purpose, he or she has authority over the cantonal and municipal police.

1. The Prefect convenes the district canton office executives whenever necessary, but at least once a year, to examine issues of common interest.

1. When a matter falling under the authority of the prefectural duties concerns multiple districts, the interested prefects shall address it jointly; if necessary, they shall form a commission whose president is appointed by the department.

1. Prefects of districts located on the borders of the canton are authorized to jointly examine, with the competent magistrates and officials of the neighboring canton or state, any matter falling within the scope of prefectural authority.

1. The prefect participates in the promotion of the district, particularly by facilitating connections between political, economic, associative, and cultural spheres.

1. In judicial matters, recusal and supervision are governed by the laws on judicial organization [H] and procedure [I].

2. In other cases, the prefect may voluntarily recuse themselves or be recused by the head of the department.

1. The prefect exercises the powers conferred upon them by the legislation related to municipalities.

1. The Prefect and the Department in Charge of Relations with the Municipalities [B] shall mutually inform each other about significant matters pending between the State and the municipal authorities of the concerned district.

2. Similarly, the municipal authorities must inform the Prefect about significant matters related to their relations with the State.

1. The prefect oversees the municipalities, fractions of municipalities, associations of municipalities, and other inter-municipal institutions, notably by reviewing their activities and management annually, as well as their records and accounts. The annual report submitted to the Council of State reflects these controls.

1. The prefect convenes the municipal authorities of the district whenever necessary, but at least once a year, to discuss issues of common interest.

1. The prefect contributes to the development of relations between municipalities, notably by encouraging and promoting inter-municipal collaborations and mergers of municipalities.

**1. In cases of specific risks or dangers, extraordinary situations, or states of necessity within the meaning of the legislation on population protection, the prefect shall perform the tasks assigned to them by the Council of State or the Head of the Cantonal Command Staff, upon express delegation by the Council of State.**

1. The Council of State determines the location of each prefecture, which is typically in the district capital.

2. It may establish decentralized offices.

1. The department coordinates the allocation of human and financial resources available to each prefecture.

2. The employees of the prefectures are subject to the LPers [C].

1. The department shall conduct inspections of the prefectures as often as it deems appropriate, particularly regarding the maintenance of records, and shall verify the accounting.

1. The department in charge of prefectures is the authority responsible for personnel appointments, upon consultation with the prefect.

2. It provides prefectures with the necessary tools for coordinating their actions and harmonizing their practices.

1. The law of May 29, 1973, on prefects is repealed.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the Cantonal Constitution and shall determine, by way of decree, the date of its entry into force.