Ordinance on the consultation of municipalities - Scope

1. This regulation governs the timely and appropriate consultation of the affected municipalities in accordance with § 49 paragraph 3 of the Cantonal Constitution during the preparation of decrees and resolutions.

2. Subject to the ordinance of May 16, 2006, concerning the co-reporting procedure and the consultation procedure.

1. The hearing shall be conducted by

a. the invitation to submit a written statement;

b. the involvement in a preparatory working group according to § 36 paragraphs 1 and 3 of the Administrative Organization Act (abbreviated: Working Group); or by

c. a conference discussion.

2. The leading directorate decides on the method of the hearing in each individual case.

1. If all municipalities or a group of municipalities are affected by a proposed decree or resolution, they shall be invited to a hearing through the mediation of the respective associations. § 4 paragraph 1 is reserved.

2. If an individual municipality is affected by a proposed decree or resolution, it shall be directly invited to a hearing.

1. The invitation to submit a written statement is issued to all affected municipalities and the relevant associations.

2. If all municipalities or a group of municipalities are affected by a proposed decree or decision

a. the associations are provided with a sufficient number of documents for internal distribution among their boards;

b. a period of usually 3 months is set for submitting the statement.

3. If an individual municipality is affected by a proposed decree or decision, a period of usually 1 month is set for submitting the statement.

1. The evaluation of written statements from municipalities and associations shall be presented transparently and made accessible to the public.

2. Any association valuations concerning the opinions of members who have not expressed themselves will be adopted.

1. Nominations made by the associations of individuals for a working group or for a conference discussion are binding.

2. Deviations from the nominations are only permitted for valid reasons.

1. If municipalities are involved in working groups that also include other interest groups, their submissions must be specifically heard.

1. The canton compensates the participation of municipal and association representatives in a working group established by the Government Council or a directorate, in accordance with § 18 of the Ordinance of March 30, 2004, on Remuneration for Holders of Secondary Offices and for Members of Cantonal Working Groups.

2. Participation is not considered an advocacy in accordance with § 2 paragraph 2 sentence 2 of the Ordinance as per paragraph 1.

1. Drafts of decrees and resolutions, for which the municipalities have been consulted during their preparation, shall also be submitted to them and the relevant associations for consultation in a subsequent party consultation procedure.

1. A copy of all written information sent to the entirety of the municipalities or a group of municipalities shall be forwarded to the affected associations.

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