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1.1-1 GOGemeindeordnung CH-GL

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49 Articles / Provisions · Switzerland · Canton of Glarus
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Table of Provisions (49)

Statutory Text (49 Articles)

Grundsätzliches

1. The Municipal Code governs the organization of the Municipality of Glarus Nord (hereinafter: the Municipality).

2. It further contains provisions regarding the duties of the Municipality, its institutions and utilities, and its personnel.

Appendix 1: Financial Competencies

1. Table of Financial Competencies

| Expenditure | Municipal Council (final) | Municipal Council, optional referendum of eligible voters | Eligible Voters | Competence of eligible voters transferable to the Municipal Council by decision in individual cases |

| --- | --- | --- | --- | --- |

| Commitment credits | up to CHF 250,000.00 | | from CHF 250,000.00 | X |

| Supplementary and additional credits | up to CHF 100,000.00 | | from CHF 100,000.00 | |

| Freely determinable one-off expenditures for the same purpose | up to CHF 250,000.00 | | from CHF 250,000.00 | X |

| Freely determinable recurring expenditures for the same purpose | up to CHF 25,000.00 | from CHF 25,000.00 to CHF 50,000.00 | from CHF 50,000.00 | X |

| Sale of real estate, granting of rights of pre-emption, granting of building rights in favour of third parties on municipal-owned real estate (market value appraisal or acquisition costs are decisive for the value) | up to CHF 250,000.00 | from CHF 250,000.00 to CHF 500,000.00 | from CHF 500,000.00 | X |

| Acquisition, granting, sale of easements and land charges | up to CHF 250,000.00 | | from CHF 250,000.00 | X |

| Authorization for the granting or amendment of concessions | up to CHF 250,000.00 | from CHF 250,000.00 to CHF 500,000.00 | from CHF 500,000.00 | X |

| Provision of guarantees and similar obligations, insofar as the municipality is not legally obliged to do so | up to CHF 100,000.00 | | from CHF 100,000.00 | X |

| Provision of guarantees and similar obligations, if the municipality is legally obliged to do so | regardless of value | | | |

| Acquisition of real estate as an investment or for provision | up to CHF 250,000.00 | from CHF 250,000.00 to CHF 500,000.00 | from CHF 500,000.00 | X |

| Acceptance of gifts and legacies with conditions or stipulations (the financial implications of the conditions or stipulations are decisive for the value) | up to CHF 250,000.00 | | from CHF 250,000.00 | X |

| Conclusion of service agreements with one-off expenditures | up to CHF 250,000.00 | | from CHF 250,000.00 | X |

| Conclusion of service agreements with recurring expenditures | up to CHF 25,000.00 | from CHF 25,000.00 to CHF 50,000.00 | from CHF 50,000.00 | X |

| Sale of majority holdings in private-law companies | up to CHF 250,000.00 | | from CHF 250,000.00 | X |

Grundsätzliches

1. Insofar as the Municipal Code and other municipal enactments do not establish specific provisions, the cantonal provisions shall apply, particularly those of the Cantonal Constitution, the Municipal Act, the Act on the Financial Management of the Canton of Glarus and its Municipalities, and the Act on School and Education.

Appendix 2: Coat of Arms

1. Escutcheon in yellow (gold), a blue wavy pale, flanked by four blue, six-pointed stars on each side.

Grundsätzliches

1. Organs of the municipality are

a) the voters;

b) the Municipal Council;

c) the Business Auditing Committee (GPK);

d) the School Commission;

e) the Technical Services Glarus Nord (TBGN);

f) the Old People's and Nursing Homes Glarus Nord (APGN);

g) the administration, the enterprises, and other institutions of the municipality.

Grundsätzliches

1. The municipality fulfills the tasks assigned to it by the constitution and law, as well as those it undertakes itself in the public interest.

2. The self-chosen tasks and the manner in which they are fulfilled are determined by the objectives of the municipal council and the resolutions of the competent organs.

3. No direct claims for services from the municipality can be derived from the authority's objectives.

4. The tasks are to be regularly reviewed to determine whether they are necessary and financiable, and whether they are fulfilled effectively and economically.

5. The municipality takes measures for the preservation and promotion of cultural life in the villages and the municipality.

Grundsätzliches

1. The municipality may fulfill its duties jointly with other public bodies as well as with private entities, or it may delegate them to them. It actively promotes such cooperation if it leads to more effective and cost-efficient fulfillment of these duties.

Grundsätzliches

1. On fundamental issues, the population is to be involved in an appropriate manner (focus groups). For matters that particularly affect specific segments of the population, these groups shall be granted the opportunity to participate.

Grundsätzliches

1. Die Bevölkerung wird aktiv, verständlich und zeitgerecht über die Tätigkeit der Behörden informiert.

Grundsätzliches

1. Official announcements are made by publication in the cantonal gazette, by uploading to the municipality's homepage, and additionally, at the discretion of the Municipal Council, at the public notice boards designated by it.

Grundsätzliches

1. The municipality bears the coat of arms "in yellow (gold) a blue wavy pale, flanked by four blue, six-pointed stars on each side" (representation in Appendix 2).

Voters - General Principles

1. The voters are the supreme organ of the municipality.

2. They deliberate and decide at the communal assembly, unless a ballot vote is prescribed or decided upon.

3. They decide on matters for which they are obligatorily competent or for which the optional referendum has been successfully invoked.

Stimmberechtigte - Politische Rechte

1. Die Stimmberechtigten wählen den Gemeindepräsidenten und die weiteren Mitglieder des Gemeinderates an der Urne.

2. Die Stimmberechtigten wählen an der Gemeindeversammlung

| | | | | | --- | --- | --- | --- | | a) | den Präsidenten sowie die Mitglieder der Geschäftsprüfungskommission; | | |

| | | | | | | | --- | --- | --- | --- | --- | --- | | b)-d) **\*** | ... | | | | |

| | | | | | --- | --- | --- | --- | | e) **\*** | den Verwaltungsrat von selbstständigen öffentlich-rechtlichen Anstalten mit eigener Rechtspersönlichkeit sowie der gemeindeeigenen privatrechtlichen Organisationen, soweit die jeweiligen Eigentümerstrategien oder Organisationsreglemente keine Ausnahmen vorsehen. | | |

Voters - Political Rights

1. The voters are responsible for

a) the enactment and amendment of the municipal constitution;

b) the enactment and amendment of the municipality's personnel and salary regulations;

c) the enactment and amendment of the municipal master plan;

d) the enactment and amendment of the building regulations and the zoning plan;

e) the enactment and amendment of other generally binding provisions, insofar as they do not fall within the competence of the municipal council;

f) the enactment and amendment of the organizational regulations of independent public law institutions with their own legal personality;

g) the approval of regulations for further administrative branches that are organizationally independent as institutions without legal personality;

h) the approval or amendment of the founding agreement and the organizational statutes of inter-municipal associations.

Voters - Political Rights

1. The voters are responsible for

a) determining the budget and the tax rate of the municipality;

b) approving the annual financial statements of the municipality, its enterprises and institutions;

c) approving the reports of the business audit committee;

d) matters with financial implications within the scope of their competence according to the table in Appendix 1.

2. The voters also take note of the multi-year financial plan in accordance with the cantonal Financial Household Act.

3. The voters may transfer their powers according to the table in Appendix 1 to the municipal council by resolution in individual cases.

Voters - Political Rights

1. The voters are responsible for

a) Decisions regarding the amalgamation, dissolution, or division of the municipality and boundary changes;

b) Decisions regarding membership in intermunicipal associations (Zweckverbände);

c) The approval, amendment, or termination of agreements with other municipalities or intermunicipal associations or with private individuals and organizations concerning the fulfillment of a public task of the municipality;

d) Decisions regarding the establishment and dissolution of enterprises and institutions;

e) The approval of school locations;

f) Other matters that, according to law, are decided upon by the voters.

Voters - Political Rights

1. The following generally binding provisions are subject to the facultative referendum

a) the school regulations;

b) the owner strategies of independent public-law institutions, the service level agreements or concession agreements with these, and the remuneration regulations for the board of directors.

2. Furthermore, matters with financial implications, as per the table in Annex 1, are subject to the facultative referendum.

Voters - Political Rights

1. Through a referendum request, the electorate may demand a vote on a matter that is subject to an optional referendum.

2. The Municipal Council officially announces decisions subject to the optional referendum.

3. The referendum request, accompanied by the signatures, must be submitted to the Municipal Chancellery within 14 days of the publication of the proposal.

4. The referendum request is valid if at least 300 eligible voters sign it.

Voters - Political Rights

1. Every person entitled to vote has the right, independently or jointly with other persons entitled to vote, to submit motions to the Municipal Council concerning matters that fall within the competence of the persons entitled to vote at the municipal assembly or at the ballot box.

2. The Municipal Council shall examine the legal admissibility of the motions within a maximum period of three months.

Voters - Political Rights

1. The eligible voters may pose questions of general interest concerning the municipality to the Municipal Council. The answers shall be provided immediately or at the next municipal assembly.

Voting Rights - Conduct of the Municipal Assembly

1. Each eligible voter will receive a voting card prior to the municipal assembly, which serves as certification of the right to vote in municipal matters. The voting card must be brought to the municipal assembly.

Voting Rights - Conduct of the Municipal Assembly

1. The motions for each substantive proposal, accompanied by an explanatory report, must be made known to those entitled to vote.

2. The Municipal Council shall prepare the report.

Voting Rights - Conduct of the Municipal Assembly

1. When adopting and amending the zoning plan, motions for amendment must be submitted in writing to the Municipal Council, with reasons, no later than six weeks before the assembly.

2. For other complex proposals, the Municipal Council may decide that motions for amendment must be submitted in writing to the Municipal Council, with reasons, no later than six weeks before the assembly.

3. These proposals must be officially announced at least 12 weeks before the assembly.

4. Motions at the municipal assembly are only permissible if they are in direct connection with a motion submitted in good time beforehand.

Voting Rights - Conduct of the Municipal Assembly

1. Technical aids may be used for recording the deliberations of the municipal assembly, provided this is made known to the assembly.

Voting Rights - Conduct of the Municipal Assembly

1. The members of the communal electoral office shall act as tellers.

Geschäftsprüfungskommission

1. The Business Auditing Committee is the supreme supervisory authority.

Geschäftsprüfungskommission

1. The Business Audit Committee consists of the President and 6 members. It constitutes itself.

Geschäftsprüfungskommission

1. The Business Audit Committee performs all tasks assigned to it by the Municipal Law.

2. The Business Audit Committee examines, for the attention of the voters, the legality, effectiveness, and economic efficiency of the business management of the municipal authorities, the administration, the enterprises, and institutions, as well as the proposals of the Municipal Council regarding the budget and tax rate, and the matters with direct or indirect cost implications that fall within the competence of the voters.

3. The Business Audit Committee, after hearing the Municipal Council, selects an external, expert auditing body for the auditing of the accounts of the municipality and its institutions. Separate industry-specific auditing bodies for individual institutions remain reserved.

Geschäftsprüfungskommission

1. The Business Audit Committee carries out its activities on the basis of reports from the Municipal Council, the Board of Directors of independent public law institutions, external audit bodies, and through its own controls.

2. The Business Audit Committee submits its reports to the Municipal Council, which then makes them known to the electorate.

3. To fulfill its duties, the Business Audit Committee is authorized to

a) invite the Municipal Council, its President, or one or more of its members to provide information at meetings and to request reports from them;

b) inspect all minutes, documents, records, etc.;

c) question employees of the municipality or the independent public law institutions after consultation with the relevant Municipal Council or, in the case of independent public law institutions, with the respective Chairman of the Board of Directors.

4. If the Business Audit Committee identifies deficiencies, the affected body or person shall be given the opportunity to comment. Taking this into account, the Business Audit Committee may issue recommendations.

5. It may directly submit a report and motion to the electorate if, based on its examinations, it deems a decision by the electorate to be necessary. The Municipal Council shall submit the matter, accompanied by its statement, to the next possible municipal assembly.

Municipal Council - Fundamentals

1. The municipal council is the leading and supreme executive authority of the municipality.

Municipal Council - Fundamentals

1. The Municipal Council consists of the President and six members.

2. The member elected with the most votes shall act as deputy to the President.

3. The Municipal Council determines the portfolios and allocates them among its members, also designating the respective substitute member.

Municipal Council - Fundamentals

1. The President works in a full-time capacity (80-100%).

2. The Heads of Departments work in a part-time capacity (20-40%).

3. Paid employment activities that lead to a conflict of interest with the municipality are incompatible with full-time employment.

4. Additional mandates of the President must be submitted to the Business Audit Committee for approval. Approved mandates will be published.

Municipal Council - Fundamentals

1. The municipal council is authorized to delegate its decision-making powers as well as its powers of direction and supervision over the administration, generally or in individual cases, to committees, commissions, and administrative units, in specific areas of responsibility.

Municipal Council - Fundamentals

1. In urgent cases, the municipal council may exceptionally pass a resolution in place of the voters, provided all present members agree.

2. This resolution, with a justification for its urgency, must be promptly officially announced by the municipal council.

3. At least 100 voters can, within 14 days of the resolution being announced, demand that it be submitted as a motion to the next municipal assembly or the next ballot box vote.

Municipal Council - Duties and Powers

1. The Municipal Council is responsible for traffic and cooperation with third parties, particularly with the canton, other municipalities and special purpose associations, as well as with public and private law corporations.

2. The Municipal Council elects or nominates representatives to the boards of special purpose associations in accordance with their statutes. It ensures that it is regularly informed by these representatives.

3. The Municipal Council employs the senior staff of the first and second management levels of the municipality.

4. The Municipal Council is vested with all powers that are not mandatorily assigned by cantonal law or expressly by the municipal constitution to the electorate or another authority.

Municipal Council - Duties and Powers

1. The Municipal Council is solely responsible for the enactment and amendment of the following generally binding regulations

a) the Ordinance on Cemetery and Burial Matters;

b) the Regulation on the Use of Forest Roads;

c) the Contribution Regulation for Associations;

d) the Usage Regulation for Public Infrastructures;

e) the Tourist Tax Regulation;

f) the Regulation on Student Transport, the Parental Contribution Regulation, and other regulations in the school sector upon application by the School Commission;

g) the General Water Supply Project and the General Wastewater Disposal Plan;

h) the Fee Schedules for Administrative Tasks.

2. The Municipal Council is responsible for the enactment and amendment of the following generally binding regulations, subject to an optional referendum

a) the School Regulations upon application by the School Commission;

b) the owner strategies of independent public-law institutions, the service agreement or concession contract with these institutions, and the compensation regulations for the Board of Directors.

Municipal Council - Duties and Powers

1. The Municipal Council is responsible for business with financial implications within the scope of its competence as set forth in the table in Appendix 1.

Municipal Council - Duties and Powers

1. The Municipal Council is responsible for

a) determining the development and legislative goals;

b) organizing the municipal administration;

c) enacting and amending special land use plans;

d) supervising the school commission, commissions, committees, officials, works and institutions of the municipality, as well as the personnel and foundations belonging to the municipality, insofar as this supervision is not exercised by the cantonal foundation supervisory authority.

e) determining the locations of polling stations and election offices.

2. Furthermore, the Municipal Council possesses those competencies that are transferred to it by the voters on a case-by-case basis.

Municipal Council - Mayor

1. The Municipal President represents the municipality and its authorities. He chairs the Municipal Council, leads and coordinates the affairs of the administration.

2. The Municipal President, or in his absence, his deputy, is authorized to decide on freely determinable one-off expenditures for the same purpose up to a maximum of CHF 5,000.00.

Municipal Council - Department Head

1. Each member of the Municipal Council heads a department.

2. The head of the department bears strategic political responsibility and is responsible for the direction and development of the corresponding specialized area. They are responsible for the implementation thereof and may issue instructions accordingly.

3. The heads of departments are authorized to decide on freely determinable one-time expenditures for the same purpose up to a maximum of CHF 3,000.00.

School Commission - General Principles

1. The School Commission is responsible for the strategic affairs of education.

2. The School Commission is subject to the supervision of the Municipal Council and must provide it, upon request, with information concerning its management and workload.

School Commission - General Principles

1. The School Commission consists of the President and six other members, with the President being appointed by the Municipal Council from among its members.

2. In the event of the President of the School Commission being unable to attend, the substitute member of the Municipal Council shall take a seat on the Commission.

School Commission - Duties and Powers

1. The School Commission is responsible for the strategic management and supervision of the public school.

2. The School Commission has the following powers

a) Issuance of disciplinary measures in accordance with the legislation on education;

b) Approval of school visits outside the municipality;

c) Decisions on the admission to the municipal school of children not permanently residing in the municipality;

d) Negotiation and determination of compensation for school visits according to lit. b and c above;

e) Collaboration with the competent authorities on social measures in accordance with the legislation on education;

f) Employment of teaching staff upon application by the school administration;

g) Approval of the staffing plan for teaching staff within the framework of the budget and class organization upon application by the school administration;

h) Election of delegates from the School Commission to school associations for specific purposes;

i) Decisions on the locations of individual classes, class types, and grade levels;

k) Exercise of other powers assigned to it by the Municipal Council.

3. The School Commission is the appeals body for decisions made by subordinate school organs.

4. The School Commission submits proposals to the Municipal Council concerning

a) Approval of the school's strategy;

b) Budget;

c) Employment of the rector and school principals;

d) Determination of school locations, subject to approval by the municipal assembly;

e) Space requirements of the school;

f) Enactment and amendment of the school regulations and other generally binding regulations concerning the school system;

g) Agreements with other municipalities in the education sector;

h) Assumption of voluntary tasks that are factually related to the school's mission of education and upbringing;

i) Matters that concern it but exceed its competence.

School Commission - Duties and Powers

1. The President is authorized to decide on freely determinable one-time expenditures for the same purpose up to a maximum of CHF 3,000.00.

2. The provisions of the Municipal Act for the Executive Board apply mutatis mutandis to presidential decrees.

Organisationen

1. Die Gemeinde führt mit den Technischen Betrieben Glarus Nord (TBGN) und den Alters- und Pflegeheimen Glarus Nord (APGN) zwei selbstständige öffentlich-rechtliche Anstalten mit eigener Rechtspersönlichkeit. Einzelheiten werden im jeweiligen Organisationsreglement und in der jeweiligen Eigentümerstrategie geregelt.

2. Die Gemeinde kann weitere öffentlich-rechtliche Anstalten mit eigener Rechtspersönlichkeit führen.

3. Ebenso kann sie weitere Verwaltungszweige als Anstalten ohne Rechtspersönlichkeit organisatorisch verselbstständigen.

Personal

1. As a general rule, all employees of the municipality are subject to a public-law employment relationship.

2. For independent public-law institutions, the type of employment is governed by their respective organizational regulations. The employment conditions of the municipality's personnel and salary ordinance are decisive, unless industry-standard deviations are justified.

Wahlbüro

1. The electoral office consists of the municipal president, who presides ex officio, and at least 10 members. The minutes are kept by the municipal clerk.

Transitional and Final Provisions

1. With the entry into force of the present municipal constitution, the competencies previously vested in the municipal parliament shall be transferred to the municipal assembly, unless otherwise provided.

2. Regulations and ordinances, as well as performance agreements, concession agreements, organizational regulations, etc., of public law institutions must be reviewed and amended by December 31, 2017, at the latest.

Organisationen

1. Die Gemeinde führt mit der lintharena ag eine privatrechtliche Aktiengesellschaft mit eigener Rechtspersönlichkeit. Einzelheiten werden in der Eigentümerstrategie geregelt.

2. Die Gemeinde kann weitere privatrechtliche Organisationen mit eigener Rechtspersönlichkeit führen.

3. Der Gemeinderat ist verpflichtet, die Jahresrechnung der lintharena ag im Bulletin der Gemeindeversammlung zu publizieren und den Stimmberechtigten zur Kenntnisnahme vorzulegen.

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