Ordinance on the Police Act (Polizeiverordnung, PolV) - Structure (PolV)

1. The cantonal police is divided into departments.

2. The departments are under the leadership of police officers, who form the command leadership staff, which is under the direction of the Chief of Police.

3. The departments can be subdivided into service units and police stations.

1. The Chief of Police shall inform the Department of Internal Affairs and Security in an appropriate manner about the performance of duties and the handling of incidents.

1. The cadre of the cantonal police consists of the command staff, the head of staff services, the deputies of the department heads, and individuals with special leadership functions.

2. The cadre supports the police commander in management tasks.

1. The Cantonal Police fulfill the tasks assigned to them by law, the government council, or the Department of Internal Affairs and Security.

1. The Chief of Police determines the personnel strength of the departments and police stations; adequate police presence within the canton's territory must be ensured.

2. To the extent necessary for operational procedures or deployments, the police command issues service orders or directives.

3. For the individual functions, the police command prepares job descriptions and, if necessary, duty manuals.

1. Police officers must adhere to the chain of command in official matters.

1. The police command is located in Herisau.

2. Regional posts are located in Herisau, Teufen, and Heiden, which can be supplemented by additional posts.

3. The municipalities are obligated to provide the cantonal police with sufficient and suitable workspaces as needed, in exchange for reasonable compensation.

1. The Cantonal Emergency Call Center operated by the Cantonal Police coordinates operations in favor of the population and those seeking assistance. It acts as an alarm center for the blue light organizations and civil protection and also fulfills coordination tasks with federal agencies, the border guard corps, the army, as well as extra-cantonal police corps.

2. The emergency call center is located at the site of the police command.

1. The assignment of personnel is carried out by the Chief of Police. In the event of a reassignment, due consideration must be given to the personal circumstances of the affected individuals.

2. The Chief of Police may also order workplace assignments outside the canton, in a competence or service center of the police concordat or of the federal government.

1. The Cantonal Police, in consultation with the Office of Military and Civil Protection, is responsible for the training and deployment of police reinforcements.

2. When deployed, the police reinforcements report directly to the Chief of Police.

1. The police command promotes the professional training and further education as well as the physical fitness of the employees.

2. It may require police personnel to attend training and further education courses and temporarily assign them to other government offices.

3. Professional training following police education and in subsequent years is conducted in close cooperation with the Swiss Police Institute, the Eastern Switzerland Police Concordat, the Eastern Switzerland Police Chiefs Conference, and other educational institutions both domestically and internationally.

1. Police officers who voluntarily leave the cantonal police force during police training or within the first four years after completing the federal professional examination, or police officers who are dismissed without notice during this period for reasons attributable to them, must reimburse the canton for the training costs.

1bis The amounts to be reimbursed are

a) * during police training: costs incurred so far;

b) in the first year: CHF 35,000.—;

c) in the second year: CHF 25,000.—;

d) in the third year: CHF 15,000.—;

e) in the fourth year: CHF 10,000.—;

f) * ...

2. The government council may provide for exceptions to the reimbursement obligation in justified cases.

1. The electronic processing of police data collections is governed by the Ordinance on the Electronic Processing of Police Data Collections.

1. Video recordings with personal identification are generally stored without being accessed in the cantonal emergency call center.

2. They may be accessed in the cantonal emergency call center

a) immediately upon receiving an alarm at the cantonal police after an alarm button is pressed in the monitored area;

b) at the request of an on-duty officer, when another alarm affecting the monitored area is received;

c) on the instruction of the duty officer, if the police assessment justifies the assumption that there is a special threat situation in the monitored area.

3. For an immediately necessary search or clarification of facts, sequences may be reproduced and handed over to law enforcement authorities.

1. Access to stored video recordings shall only be granted upon the instruction of the public prosecutor.

1. All postings, reproductions, and inspections are logged. The log states the reason for access, the ordering person, as well as the image material that was accessed.

2. The data protection supervisory body decides on the timing and periodicity of reporting by the cantonal police.

1. The video recordings must be kept securely protected. The loss or manipulation of the data, such as through theft, unauthorized destruction, accidental loss, falsification, or illegal use, must be prevented by implementing appropriate measures.

2. Specifically

a) unauthorized access to the storage area must be prevented through the use of appropriate measures;

b) it must be ensured that the digital storage media are stored in a room that is suitable in terms of construction and climate;

c) unwanted data transfer to other systems must be excluded.

1. The cantonal data protection supervisory body monitors the lawful conduct of video surveillance and specifically checks whether

a) Connections and subsequent accesses are conducted lawfully;

b) Recording material is deleted in accordance with Article 24, paragraph 3 of the Police Act.

2. The data protection supervisory body operates independently in its supervisory activities and reports to the government council on any deficiencies identified and proposes the necessary measures.

1. The Police Commander designates the police officers who are active in the state security sector.

2. In the execution of these duties, the police officers are directly subordinate to the Police Commander.

3. The Cantonal Police fulfills its state security mandate in accordance with the directives of the Department of Internal Affairs and Security and maintains operational control over received and completed tasks or inquiries.

1. The Police Commander informs the Department of the Interior and Security about the fulfillment of duties in the area of state protection.

1. Police officers shall perform their duties to the best of their knowledge and belief. They must act even when this entails risks to their own person, unless the extent of the risks is not reasonably proportionate.

2. The prevention of danger shall generally take precedence over criminal prosecution, particularly when the life or health of individuals or valuable property is threatened.

3. If direct force must be applied in the course of duty, it shall, where circumstances permit, be threatened in advance in writing or verbally.

4. Police officers must be reachable at all times during their duty and on-call time and be ready for deployment within a reasonable period.

1. Members of the Cantonal Police may not demand, accept, or promise to accept gifts or other advantages in the course of their official duties. Exemptions are made for customary occasional and courtesy gifts of minor value. In case of doubt, the Police Command must be informed.

1. Police officers are required to intervene when necessary, even if they are off-duty, provided that it is reasonable for them to do so.

2. They may also be called upon outside of their working hours for special assignments or on-call duties.

3. They are generally required to carry the communication device provided by the police command. Details and exceptions regarding this obligation are governed by the police command in a service regulation.

1. Working hours are determined by the duty schedule as well as by special instructions.

2. The Police Command may approve part-time work in consultation with the Department of Internal Affairs and Security.

1. Police service is generally conducted armed and, aside from the criminal investigation department, usually carried out in uniform. Exceptions are determined by the police command.

2. To ensure operational readiness, the weapon and the communication device, which must be switched to receive mode, are to be carried on the way to work.

1. Uniforms, weapons, necessary specialized equipment, and other items of equipment shall be procured by the police command and made available to the police officers.

2. The police officers shall be responsible for the maintenance and upkeep of the materials entrusted to them; they shall be liable to the canton for losses and damages resulting from gross negligence or willful misconduct.

3. Defects and deficiencies in weapons and equipment must be reported to the police command immediately. The costs of repair or replacement shall generally be borne by the canton.

4. Upon resignation or dismissal, the entrusted items and documents must be returned to the police command. The police command may allow exceptions.

1. During police operations, a name badge is generally worn on the uniform.

2. In special situations or during special operations, the wearing of the name badge may be waived.

3. The name badge does not exempt from the identification requirement established in the Police Act.

4. The police command regulates the details.

1. Members of the police shall report any use of firearms to the police command without delay.

2. The deployment of special weapons is ordered by the police commander or regulated in a service regulation or directive.

3. The police command shall regulate the details.

1. Police personnel are fingerprinted and photographed upon joining the Cantonal Police for the purpose of any potential trace elimination. If necessary, they may also be asked to provide samples for DNA analysis in accordance with federal law. For members who have already joined but have not yet undergone identification processing at this time, this will be done retrospectively.

2. In addition to fingerprinting and photographing, samples for DNA analysis are simultaneously taken from the employees of the Forensic Technical Service.

1. The Department of Internal Affairs and Security may grant exceptions to the legal residency requirement if

a) there are respectable personal reasons presented by the applicant, and

b) the travel time by motor vehicle from the requested place of residence to the assigned place of duty does not exceed 20 minutes or is within the canton.

2. No exceptions will be granted for members of the staff cadre as well as for single and double positions.

1. If police officers are involved in a traffic accident while on duty, whether with a private or a service vehicle, the police command must be notified immediately, irrespective of the statutory obligation to report. The police command may order an accident report in every case.

1. Police officers are liable to the canton for damages intentionally or grossly negligently caused to service vehicles.

2. For damages to private vehicles caused during a work-related trip, the regulations regarding compensation for inconveniences, expenses, on-call duty, and extraordinary working hours apply.

1. Police officers assigned to single or double posts are, unless a service vehicle is assigned to the post, required to use their private motor vehicles for official purposes at all times.

2. For the remaining police officers, this obligation applies in the event of deployment.

3. Compensation will be provided for this; maintenance and repairs are the responsibility of the police officers.

1. The Cantonal Police have the following ranks

a) Police Officer

b) * Police Adjutant (Adj)

c) * Police Sergeant (Fw)

d) Police Sergeant 1 and 2 (Wm 1 and Wm 2)

e) * Police Corporal (Kpl)

f) * Police Private First Class (Gfr)

g) * Policewoman / Policeman (Pol)

gbis * Police Cadet (Pol i A)

h) Police Aspirant

1. Promotion in the police service is considered the advancement to a higher rank.

2. Promotions up to and including Police Adjutant are carried out by the Department of Internal Affairs and Security, those above by the Government Council.

3. The promotion date is generally January 1st.

1. Promotions are based on professional and personal abilities. A fundamental requirement is proven performance in police service or in the function exercised.

2. Promotions also depend on the function and seniority of the police personnel.

3. During the duration of a disciplinary procedure, a promotion is generally postponed.

1. For promotions, the following years of service constitute an additional requirement

a) * Police Officer in Training: Passing the Operational Readiness Exam (ORE)

abis) * Police Officer: Successful completion of the Federal Professional Examination

b) * Police Corporal: 3 years after completing the Federal Professional Examination or 4 years after passing the ORE

c) * Police Sergeant: 3 years since the promotion to Police Corporal

d) * Senior Police Sergeant 2: 4 years since the promotion to Police Sergeant

e) * Senior Police Sergeant 1: 4 years since the promotion to Police Sergeant

f) * Police Warrant Officer: 4 years since the promotion to Senior Police Sergeant 1

g) * Police Adjutant: 2 years since the promotion to Police Warrant Officer

2. For leadership roles and in the presence of exceptional performance, the Department of Internal Affairs and Security may shorten the years of service required for promotion.

3. Upon assuming a leadership position, the Department of Internal Affairs and Security may directly promote the individual to the designated rank.

1. The following can be appointed as Police Sergeants 1

a) the head of police stations;

b) police officers responsible for particularly qualified special fields;

c) police officers holding a position that allows promotion to higher ranks.

2. The following can be appointed as Police Staff Sergeants

a) * the deputy of the regional chiefs or of the department heads;

b) * police officers holding a position that allows promotion to higher ranks.

c) * ...

2bis. Police officers with specialized tasks receive the additional designation "with special duties" (mbA).

3. The following can be appointed as Police Lieutenants

a) * the head of regional police stations;

b) * the head of a department;

c) * deputy officers or the head of staff services. These also receive the additional designation "with special duties" (mbA).

d) * ...

1. Promotion to Police Officer generally requires the leadership of a department, a service center, or the function of Head of Support and Personnel.

1. The Support and Training of Service Dogs is Promoted Through

a) Financial Contributions;

b) Leave of Absence for Police Dog Handlers for Training, Courses, and Examinations;

c) Coordination of the Operational Use of Police Dogs.

1. The acquisition of a police dog must be approved by the police command.

2. The police command may issue directives regarding the training of police dogs.

1. An annual allowance for dog food is provided for service dogs.

2. The police command contributes to the costs of acquiring police dogs, construction related to dog keeping, and veterinary visits.

3. The amount of the contributions is determined by the Department of Internal Affairs and Security.

4. The police command may condition the payment of these contributions on the successful completion of recognized annual examinations.

1. Liability insurance for service dogs is provided by the canton. Any additional insurance is paid for by the police command.

1. Disciplinary Measures are

a) the written reprimand;

b) the transfer in service;

c) the temporary suspension in service;

d) the disciplinary dismissal.

2. Multiple disciplinary measures may be combined.

1. The following authorities are responsible for the intended measures

a) the police chief for the written reprimand and reassignment within the service;

b) the Department of Interior and Security also for the temporary suspension from service and for disciplinary dismissal;

c) the government council for disciplinary dismissal, insofar as it occurs without notice.

2. The procedure is governed by the Administrative Procedure Act[7].

3. Appeals do not have a suspensive effect. The appeals authority may issue a contrary order[8].

1. The fees are regulated by the Ordinance on the Fees of the Cantonal Police.

1. Domestic violence is particularly present when individuals within an existing or dissolved familial, marital, or partnership relationship exert or threaten physical, psychological, or sexual violence.

2. The criteria for deciding on an eviction, return, restraining, or contact ban are

a) Co-residents are seriously endangered; they have been specifically threatened verbally, psychologically, physically, or sexually;

b) repeated interventions without prior eviction; each case is to be reassessed in consideration of the criteria and with inclusion of previous incidents;

c) the condition of the person to be evicted is unreasonable for the co-resident due to violence, aggressiveness, unpredictability, or massive threat to health, life and/or sexual integrity.

d) * the stalking person continuously pursues, harasses, or threatens the affected individual, thereby causing fear and terror (Stalking).

3. If the criteria are met, the violent or violence-prone person is evicted from

a) the jointly used living space, irrespective of the rental or ownership relationships;

b) the living space of the person affected by violence.

4. The police command is responsible, in collaboration with the Department of Internal Affairs and Security, for providing information materials to the affected parties.

5. The emergency slip is provided and updated by the police command.

6. If the criteria are met, the harassing person is imposed with a restraining order. The scope of the restraining order is spatially and distance-wise limited in the decree.

1. Stalking occurs particularly when a person persistently

a) seeks another person's physical proximity;

b) attempts to establish contact using communication means or through third parties;

c) places orders for goods or services by misusing data;

d) threatens them with harm to life and limb, physical integrity, health or freedom of themselves or a person close to them, or

e) undertakes any other comparable action and thereby severely impacts their life.

1. The police command issues the necessary traffic regulations and restrictions for major events in accordance with the Road Traffic Act and its associated implementing provisions.

2. The organizers must submit a corresponding application in a timely manner and provide the necessary justification.

3. The granting of the permit may be made dependent on the provision of an appropriate order and security service.

1. To prevent confusion, it is prohibited for other persons working in the security sector within the canton to use uniforms, insignias, or inscriptions that resemble those of the cantonal police.

1. For the areas of police, army, civil protection, and fire brigade, the Department of Internal Affairs and Security appoints a Security Commission composed of representatives from the canton and municipalities, as well as members of the Cantonal Leadership Staff and subject matter experts.

2. The commission serves an advisory function but does not have any directive authority.

1. The Chief of Police shall issue the necessary service regulations.

1. This regulation shall enter into force on January 1, 2003.