Legislator Case Law & Legislation
7.4.1-1.1 CH-GL

General Provisions

11 Articles / Provisions · Switzerland · Canton of Glarus
Open official source Machine-readable Markdown (.md)

Table of Provisions (11)

Statutory Text (11 Articles)

1. This owner strategy is created on the basis of the municipal regulations of the Municipality of Glarus Nord and the organizational regulations of Technische Betriebe Glarus Nord (TBGN). The municipality is the owner of TBGN.

2. The interests of the Municipality of Glarus Nord are represented by the Municipal Council. In doing so, it considers the entrepreneurial autonomy of TBGN and, in its capacity as representative of the owner, acknowledges the freedom of decision of the Board of Directors with regard to the corporate strategy.

3. The representation of owner interests must not conflict with regulatory duties.

4. In addition to defining the owner strategy, the municipality exercises its rights as owner, particularly through

a) the election of five of the seven members of the Board of Directors and the presidency by the Municipal Council;

b) information and reporting for the attention of the Municipal Assembly;

c) guidelines from the Municipal Council regarding the institution's planning and reporting.

Objectives of the Municipality of Glarus Nord

1. The objective of the TBGN is the basic supply of the municipality of Glarus Nord with energy and communication networks. They strive for a high level of supply security. In particular, the TBGN performs the tasks according to Art. 2 of the Organisational Regulations.

2. The enterprise is to be managed as an independent, competitive company, in accordance with business principles and with a customer-oriented approach.

1. The ownership strategy provides clear guidelines for determining the corporate strategy. The corporate strategy is also to be defined within these guidelines. The municipal council commits to deviating from the provisions in the ownership strategy only after thorough examination and consultation with the company's Board of Directors.

2. The provisions in the ownership strategy are to be incorporated by the strategic and operational management levels of TBGN in their activities. Deviations are only possible when deemed necessary and after consultation with the municipal council.

3. The ownership strategy aims to provide clarity regarding the corporate direction for both the company's employees and its stakeholders.

4. The Board of Directors of TBGN is responsible to the municipal council for compliance with the ownership strategy.

Objectives of the Municipality of Glarus Nord

1. The TBGN shall guarantee the population and the economy the most attractive prices possible for high-quality products. The TBGN generate profits from business operations for the sustainable financing of the necessary and future-oriented investments of the company, especially in networks and production facilities. The TBGN utilize financial resources cost-consciously.

2. The endowment capital shall bear interest at 5%.

3. Any profits shall be distributed equally between customers (in the form of price reductions) and the TBGN (remaining within the company).

Objectives of the Municipality of Glarus Nord

1. The organs of TBGN shall, in determining the corporate strategy and in its implementation, assume social and ecological responsibility towards employees, business partners, customers, and the residents of Glarus Nord. This applies in particular to

a) Establishing and securing the position as an attractive regional employer;

b) Implementing measures to ensure the occupational safety of employees;

c) Ensuring a leading position in committed and contemporary training of apprentices;

d) Ensuring continuous development of employees through targeted education and training measures;

e) Promoting a sustainable energy supply to cover electricity consumption until the year 2050 through regionally produced renewable energy;

f) Production, purchasing, consulting, and investments shall be treated according to the following principles and decided upon according to the following priorities

1. Energy efficiency;

2. Renewable;

3. Local;

4. No CO2 emissions;

5. No nuclear energy.

g) Energy efficiency shall be promoted with suitable measures (e.g., smart buildings);

h) Promoting customer and employee satisfaction;

i) Protecting nature and the environment.

Requirements of the Municipality of Glarus Nord for the Implementation of the Goals

1. TBGN may enter into strategic partnerships to achieve the following objectives, provided that the benefits are demonstrably and significantly outweigh the costs and risks.

2. The institution may participate in undertakings, acquire similar or related undertakings in whole or in part, establish undertakings itself, and dispose of participations, provided that this demonstrably ensures the long-term self-sustainability and/or improves its market position. The consent of the Municipal Council is required for transactions exceeding CHF 100,000.00 or if TBGN's participation after the transaction exceeds one-third, or if a participation falls below the one-third threshold again upon sale.

3. The development of new strategic business areas shall only commence after approval by the Municipal Council has been obtained.

4. Services from the various operational areas may also be offered to third parties. The pricing for these services shall ensure a market-driven gross margin.

Requirements of the Municipality of Glarus Nord for the Implementation of the Goals

1. Community services and/or services from other providers are to be procured based on quality standards (Service Level Agreements).

2. The Municipal Council must be informed in advance of tariff adjustments for electricity – particularly for grid usage and for energy supplies under the basic service –.

3. To promote the expansion of solar installations on roofs, the community makes the roof areas of its buildings, not needed by it for its own electricity production, available to TBGN. If TBGN declines to use a roof area, the community may lease it to a third party for this purpose. Details will be regulated by contract in each case.

Requirements of the Municipality of Glarus Nord for the Implementation of the Goals

1. The company adopts an organizational structure geared towards continuity. Job descriptions have been created for all functions.

2. All members of the Board of Directors are to be entered in the Commercial Register with collective signature by two.

3. The external appearance adheres to the community's CD/CI manual.

4. The planning of new office buildings and maintenance yards is carried out in coordination with the relevant departments of the community. The Municipal Council shall be consulted for definitive implementation.

5. Authority or administrative software will be procured and operated by TBGN jointly with the community, the canton, and other technical operations in the canton. Synergistic effects and common benefits are to be given high priority. Exceptions must be justified.

6. TBGN shall consider the interests of the community in its own sponsoring activities and coordinate with the relevant departments of the community.

Requirements of the Municipality of Glarus Nord for the Implementation of the Goals

1. The TBGN offer attractive workplaces under fair conditions and ensure compliance with occupational safety regulations.

2. The personnel policy of TBGN is based on Article 15 of the Organizational Regulations, on the regulations of the municipality, and, with regard to salary adjustments, on the decisions of the municipal assembly. In addition, the personnel policy guidelines and standards of the municipality apply, insofar as they do not contradict industry-standard regulations.

Requirements of the Municipality of Glarus Nord for the Implementation of the Goals

1. The TBGN must establish and operate an appropriate risk management system. An internal control system (ICS) is to be maintained as a component of risk management.

2. In their reporting to the Municipal Council, the TBGN shall provide the following documents/reports

a) Annual financial statements and management report including the audit report;

b) Status of the implementation of measures within risk management and the ICS (as part of the annual financial statements and management report);

c) Oral reporting to the Municipal Council on business performance and the degree of target achievement in accordance with Art. 1 to Art. 3 (twice per year).

3. In the event of extraordinary occurrences (e.g., significant damage claim, events with a massive impact on the annual result), the Municipal Council must be informed without delay. The Municipal Council may request further information at any time.

Schlussbestimmungen

1. The ownership strategy must be regularly (at least every four years) reviewed by the Municipal Council for completeness and accuracy.

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →