Act on Prefects - General Provision

1. The District Administrator represents the Council of State and each of its directorates in the district.

1. The eligibility requirements for the office of Chief Administrative Officer are set forth in the Constitution.

1. The Chief Magistrate is elected at the same time as the State Council by the district's electoral assembly according to the majority system for a term of five years.

2. The election is regulated by the law concerning the exercise of political rights.

3. If a Chief Magistrate leaves office during the legislative period, the position shall be filled anew for the remainder of this period.

1. The Chief Administrative Officer is sworn in by the Council of State once the Great Council has validated his election.

1a. He assumes his office on the first day of the month following his swearing-in.

2. The special law establishes his salary and his professional pension.

3. Furthermore, the Chief Administrative Officer is subject, mutatis mutandis, to the legislation concerning state personnel.

1. The State Council exercises supervision and disciplinary authority over public personnel in accordance with the legislation.

1. The Chief Administrative Officer resides in the district. The State Council may authorize temporary deviations from this provision, provided that no disadvantages arise for the administrative supervision.

2. ...

1. The Senior Administrative Officer is directly subordinate to the State Council and its departments.

2. Administratively, he/she is subordinate to the department to which the district offices are assigned.

1. The office of the Oberamtmann is incompatible with the exercise of a public office in a municipality or a parish. It is also incompatible with a mandate in the Federal Assembly; the only exception being the conclusion of the current cantonal term of office.

2. Otherwise, the law on the exercise of political rights and the legislation on state personnel are applicable.

3. The disclosure of the connections of the Oberamtmänner to private or public interests is governed by the legislation on information and access to documents.

1. With respect to judicial activities, recusal and oversight are governed by the laws concerning court organization and procedural rules.

2. In other cases, the senior official may recuse themselves for personal reasons, or recusal may be initiated by the directorate to which the senior offices are assigned. It shall designate a substitute when necessary.

1. Upon the proposal of the Chief District Officer, the Council of State approves the appointment of at least one Deputy Chief District Officer per district and administers their oath.

2. When the Deputy Chief District Officer assists the Chief District Officer, they are subordinate to them; when they replace them, they act independently.

1. The Conference of Chief District Officers ensures the consultation and coordination between the district offices. It submits its organizational regulations to the State Council for approval.

2. It ensures procedural coordination among the district offices to guarantee effective and efficient handling of matters within their jurisdiction. It formulates proposals for the State Council regarding inter-agency collaboration, the use of synergies, the streamlining of tasks, and the optimization of the resources available to the district offices.

3. As necessary, it issues recommendations that are required for the coordination of state actions in areas under the jurisdiction of the Chief District Officers.

1. The chief administrative officer is responsible for the proper management of the administrative office.

1bis. The directorate to which the administrative offices are assigned may delegate personnel management powers to the chief administrative officer in accordance with the state personnel legislation.

2. He specifically oversees the management of accounting, the collection of invoiced amounts, and their transfer.

3. The state council assigns the necessary personnel to each administrative office.

1. The directorate to which the district offices are assigned inspects them at least once a year.

2. The audit of the accounting books is the responsibility of the directorate in charge of state accounting.

1. When a senior official assumes office, the handover of duties takes place under the supervision of representatives from the directorate to which the senior offices are assigned and the directorate responsible for state accounting.

2. An inventory and a protocol shall be prepared.

3. A report on the status of accounting shall be prepared for the directorate responsible for state accounting.

1. The Chief Administrative Officer exercises the duties and powers imposed upon him by the laws and regulations.

2. He executes the orders and instructions of the State Council and its departments.

1. The district commissioner contributes to the development of his district; in particular, he initiates and promotes regional and inter-municipal cooperation.

2. If several districts or districts from multiple cantons are involved in the implementation of a task of regional interest, the state council appoints the responsible district commissioner or the one who represents the canton.

1. The Chief Administrative Officer reports to the Council of State and the administrative offices on facts that concern them or require their intervention.

2. He supports the residents in their interactions with the cantonal and municipal authorities.

1. The Chief Administrative Officer may be requested by the State Council and its directorates to coordinate the activities of the cantonal administration for the execution of specific tasks.

1. The Chief Administrative Officer exercises supreme supervision over the officials within his district; when necessary, he reports to the State Council or the competent directorate on any deficiencies observed in their conduct.

1. The Chief District Officer is responsible for the maintenance of public order.

2. He has the Cantonal Police at his disposal for the execution of the orders he issues for this purpose.

3. He is informed by them about everything concerning public order in the district.

1. When requested to do so, the Chief Administrative Officer represents the State Council at public events.

1. The Conference of Chief Administrative Officers shall submit a report on their activities and the situation in the districts to the Council of State annually by January 31st.

1. The State Council is entrusted with the execution of this law, which repeals the law of May 9, 1848, concerning the Chief Administrative Officers. It shall enter into force on January 1, 1977.