Incompatibility Act (UG) - Kinship in Exclusively Prohibitory Degree (UG)

1. Relatives and in-laws up to and including the 2nd degree, spouses, registered partners, as well as spouses and registered partners of siblings, may not be members of the same authority.

2. The same exclusion of relatives also applies between

a) Members of the government council and the state secretary,

b) * ...

c) * ...

d) Department heads and their directly subordinate employees of the canton,

e) Judges and court clerks as well as their deputies,

f) * Members of the municipal council and the finance commission as well as the business audit commission,

g) * The municipal mayor and the municipal clerk or deputy clerk.

3. The dissolution of marriage or registered partnership does not eliminate the exclusion cause of in-law relationship.

4. The Grand Council may grant exceptions in cases of hardship.

1. The personal designations used in this law refer to both genders.

1. Authorities within the meaning of this Act are the collegial bodies with decision-making powers, excluding the Grand Council and the Municipal Council.

1. In the event of a complete renewal election where relatives of excluding degree are elected to the same authority in the first voting round and these individuals accept the election, the person who received the most votes is considered elected. In the case of a tie, the decision shall be made by drawing lots.

2. If, in a subsequent voting round or in a replacement election, a person who is related in an excluding degree to a member is elected to the same authority, that person may only exercise the office if the member resigns from their position.

3. In the case of a relationship as defined in § 1 para. 2, the superior authority member is deemed elected, unless that member expressly renounces the further exercise of their office.

1. The following individuals cannot be members of the Grand Council

a) Persons who are in a public-law service relationship under cantonal law; teachers in public schools, temporary employees, interns, and part-time employees with a workload of 20% or less are exempted,

b) * ...

c) * Members of the Supreme Court, the Special Administrative Court, the Judicial Court, as well as the District Courts.

1. The office of a municipal councilor and the activities of the municipal clerk and their deputy cannot be exercised simultaneously by

a) the members of the Executive Council and the State Secretary,

b) * the full-time members of the Supreme Court, the Special Administrative Court, and the District Courts, as well as the full-time specialized judges for child and adult protection,

bbis) * the part-time members of the District Courts, if the respective municipality is located in the same district,

bter) * the presidents of the mediation authorities for rent and lease, if the respective municipality is located in the same district,

c) * the justice of the peace, if the respective municipality is located in the same justice of the peace district.

2. Additionally, the office of a member of the municipal council is not compatible with the position of head of finance and as a member of the management of a public school in the same municipality, as well as employment relationships with municipal employees and dependent public-law municipal institutions with a workload of more than 20%.

1. Members of the Finance and Business Audit Commission may not simultaneously be members of the Municipal Council, employees of the municipality, or of dependent public-law municipal institutions. The management of the registrar's office by an employee is permissible.

1. Justices of the Peace are not permitted to hold any other judicial office.

2. Employees of the cantonal administration may not be members of the Administrative Court or the Special Administrative Court. Members of the Special Administrative Court may not be members of the Administrative Court.

2bis Judges of the Court of Justice may not belong to any other court in the canton.

3. Employees of the cantonal administration may only be prevented from serving as associate judges on other courts if potential conflicts of interest may arise.

1. Upon the enactment of this law, all provisions inconsistent with it are repealed, in particular

a) § 12 of the Law on the Organization of the Supreme Court dated December 22, 1852[1],

b) § 12 of the Law on the Organization of District Courts dated December 22, 1852[2],

c) § 3 of the Law on the Establishment of District Offices dated March 16, 1854[3],

d) § 13 para. 4 of the Law on Elections and Referendums dated September 6, 1937[4],

e) Regulation on the Exclusion of Relatives, Incompatibility, and Resignation in School Authorities dated September 17, 1943[5],

f) § 11 para. 2 of the Law on Administrative Justice dated July 9, 1968[6],

g) § 2 of the Decree on the Organization and Management of the Executive Council and its Departments (Organizational Decree) dated March 17, 1969[7],

h) § 21 of the Law on the Aargau Cantonal Bank dated July 3, 1973[8],

i) §§ 41 and 47 para. 2 of the Law on Municipalities (Municipal Law) dated December 19, 1978[9].

1. The Law on Municipalities (Municipal Act) of December 19, 1978, is amended as follows

*Text inserted into the relevant enactment.*

1. This law shall be enacted by the government council upon approval by the populace and published in the official law collection.

2. The authorities and officials shall conclude the current term of office at the time of this law's enactment according to previous law.

1. Persons subject to the incompatibility rule of § 5 paragraph 2 of this law and who were members of the municipal council during the 2002/05 term can be re-elected for the 2006/09 term.