Ordinance on administrative investigations - Purpose

1. Administrative Investigation is a special supervisory procedure within the meaning of § 2 paragraph 3 of the Government and Administrative Organization Law Basel-Landschaft (RVOG BL), used to determine whether there is a situation that requires intervention ex officio in the public interest.

2. The administrative investigation is not directed against specific individuals. Personnel law procedures and criminal proceedings remain reserved.

3. An administrative investigation must not obstruct criminal investigations or investigations by parliamentary oversight bodies.

1. Administrative investigations are ordered by the Government Council.

2. The Government Council establishes an investigative body, provides it with a written mandate for investigation, and informs the affected organizational units of the initiation, reason, and purpose of the administrative investigation, as well as the investigative body.

3. Individuals tasked with the administrative investigation must

a. fulfill the necessary personal, professional, and technical qualifications for such a task, and

b. not be active in the area subject to investigation, and

c. not be concurrently involved in a disciplinary or other personnel-related proceeding on the same matter.

4. The investigation may be assigned to persons outside the cantonal administration. Such a person acts as an agent of the ordering authority.

1. The Mandate for Investigation Specifically Describes

a. the subject matter of the investigation;

b. the powers of the investigating body;

c. the duty to maintain official secrecy;

d. the organizational framework conditions (remuneration of the investigating body, necessary resources, involvement of auxiliary bodies, etc.);

e. the form of reporting to the governing council;

f. the deadlines.

2. The governing council issues the necessary instructions in the specific case regarding the rights of access and inspection for the investigating body, as well as the obligation to provide information by the affected employees of the canton.

1. For the determination of the facts, the investigative body has at its disposal the means of evidence according to § 9 paragraph 3 of the Administrative Procedure Act of June 13, 1988 (VwVG BL).

2. The investigative body

a. informs individuals within the cantonal administration who are to be questioned that they may refuse to provide information if doing so would incriminate themselves in relation to a personnel or criminal procedure;

b. informs individuals outside the cantonal administration who are to be questioned that providing information is voluntary.

3. Persons involved in the administrative investigation are entitled to review all files concerning them and to comment thereon. They have the right to a fair hearing and may be represented and advised.

4. If it becomes apparent during the administrative investigation that information is required from other directorates or from the state chancery, which is subject to confidentiality, the investigative body must first obtain the consent of the head of the directorate or the state secretary.

5. Employees of the canton involved in the administrative investigation are obliged to cooperate in establishing the facts; with reservations regarding § 3 paragraph 2 and § 4 paragraph 2 letter a of this ordinance.

6. Each organizational unit requested by the investigative body to disclose personal data must ensure, under its own authority, that the provisions of the Information and Data Protection Act (IDG) are complied with.

1. The investigative body submits a report to the governing council on the administrative investigation and hands over all investigation files.

2. In the report, the investigative body outlines the course and results of the investigation and presents proposals for further actions.

3. The governing council informs the administrative offices and individuals involved in an administrative investigation of the outcome and decides on the consequences of the investigation.

4. The results of an administrative investigation may serve as a basis for initiating other procedures, particularly those related to personnel law.