Art. 139b Act on Municipalities (LC) - Suspension and Revocation [ 21, 33 ]

1. In the presence of serious grounds, upon request by the municipality or by a two-thirds majority of the general or communal council, the State Council may suspend one or more members of the municipality or of the general or communal council. The State Council determines the duration of the suspension, which may not exceed one year. The decision is renewable if criminal proceedings remain pending.

2. Serious grounds include all circumstances which, according to the rules of good faith, do not permit the continuation of the mandate for which the member(s) of the municipality or of the general or communal council were elected, or which are likely to compromise the trust or authority implied by their functions. Such grounds notably include the opening of a criminal investigation for a crime or an offense, a lasting incapacity, a prolonged absence, or a violation of the provisions of this law regarding conflicts of interest or the prohibition against accepting or soliciting gratuities or other benefits (within the meaning of Articles 65a and 100a of this law).

3. The State Council submits the question of the revocation of one or more members of the municipality or of the communal council to the electoral body of the commune concerned

a. when the duration of the suspension has expired and the person concerned is still incapacitated or absent;

b. when the person concerned has been the subject of a final and enforceable criminal conviction for a crime or an offense;

c. when an administrative inquiry has established the responsibility of the person concerned in a disruption of relations with their counterparts and an attempt at conciliation by the prefect or head of the department in relation to the communes has failed;

d. when an administrative inquiry has established the occurrence of one of the cases referred to in Articles 65a and 100a of this law.

4. When such grounds concern one or more members of the general council, the State Council submits the question of revocation to that body. The law on the exercise of political rights [M] governs the procedure.

5. If several members of the municipality or of the communal council are suspended, Articles 139 and 139a of this law and 82, 86 to 87 of the Law of May 16, 1989, on the exercise of political rights apply.

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