Kanton Glarus (GG)

Scope of Application

1 This Act governs the fundamental principles of the organization, the perfor-

mance of tasks, cooperation, and amalgamation of municipalities,

as well as cantonal supervision.

2 This Act applies to parish councils, special purpose associations, and public-law corporations where this is expressly provided for.

Definitions

1 For the purposes of this Act

a. **Municipal statutes:** The municipal statutes of a municipality, the church statutes of a parish, the statutes of a special purpose association, a public corporation or a municipal institution;

b. **Parliamentary municipality:** A municipality with a municipal parliament;

c. **Assembly municipality:** A municipality without a municipal parliament;

d. **Municipal authorities:** The executive board, the commissions and the municipal administration of the municipality and, in a parliamentary municipality, additionally the municipal parliament;

e. **Executive board:** The municipal council of a municipality, the parish council of a parish, the board of a special purpose association, the board or commission of a public corporation and the board of directors of a municipal institution;

f. **Audit body:** The audit commission in a municipality, the financial audit body in a parish and a special purpose association, and the body responsible for the audit in a public corporation;

g. **Decision:** A decision or an enactment.

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Autonomy

1 Municipalities regulate their affairs autonomously within the framework of superior law.

2 Within this framework, municipalities are entitled to legislative and administrative powers.

Legislation

1 The municipalities shall regulate their organisation and the competences of their bodies in the municipal by-laws within the framework of superior law. They shall also regulate financial competences.

2 The important legal provisions of the electorate or the municipal parliament shall be officially published and maintained in a generally accessible collection in an appropriate manner.

Criminal Sanctions

1. Municipalities may provide for criminal provisions concerning violations of misdemeanor offenses under their municipal enactments.

2. The criminal provisions shall specify the misdemeanor to be penalized and shall set the amount of the fine.

**2. Types of Municipalities and Public Law Corporations**

**2.1. Municipalities**

Legal Status of Municipalities

1 Municipalities are public-law territorial corporations with their own legal personality.

Legal Status of Church Parishes

1 The Evangelical Reformed and the Roman Catholic Cantonal Churches and their church parishes are state-recognized, autonomous public law corporations.

1. Organisation und Verwaltung der Kirchgemeinden müssen den Grundsätzen der Kantonsverfassung und dieses Gesetzes entsprechen; im Übrigen richten sie sich nach den kirchlichen Vorschriften.

2. Im Einzelnen gilt

| | | | | | --- | --- | --- | --- | | a. | Wo nach diesem Gesetz die Genehmigung oder Zustimmung einer kantonalen Instanz nötig ist, können die kirchlichen Vorschriften vorsehen, dass vorgängig kantonale kirchliche Instanzen mitwirken. | | |

| | | | | | --- | --- | --- | --- | | b. | Der Regierungsrat kann eine Aufsicht gegenüber Kirchgemeinden nur ausüben, wenn die kantonalen Kircheninstanzen diese nicht wahrnehmen oder wenn das staatliche Recht in schwerwiegender Weise verletzt wird. | | |

| | | | | | --- | --- | --- | --- | | c. | Der Rechtsschutz gegenüber den Kirchgemeinden richtet sich nach den Kirchenverfassungen[[2]](#enumeration_itemtext_content_fn_480317_2_2_c) und dem Verwaltungsrechtspflegegesetz (VRG)[[3]](#enumeration_itemtext_content_fn_480317_2_3_c). | | |

| | | | | | --- | --- | --- | --- | | d. | Die Landeskirchen können im Übrigen in Einzelfragen abweichende Bestimmungen erlassen, sofern die Rechtsstellung der Stimmberechtigten, die Funktionen der Gemeindebehörden und die Rechtsstellung der Gemeindebediensteten nicht beeinträchtigt werden. | | |

Legal Status of Public-Law Corporations

1 A public-law corporation is a body corporate under cantonal law, based on a specific group of persons or on specific assets, and performing tasks of general interest.

Establishment

1 The establishment of new public-law corporations, changes in their existing

form, as well as in relation to their statutes, require the approval of the

Government Council.

2 The Government Council may, if it is indispensable in the public interest, order

the establishment of a public-law corporation, newly define the tasks of such a

corporation, or dissolve such a corporation.

Organization and Administration

1 Public corporations shall organize themselves according to democratic

principles. They shall observe the procedural and organizational principles

of this Act.

2 Public corporations shall manage and utilize their assets independently

and shall take into account the general interests of the municipality.

2) GS IV A/1/4 and IV A/1/6

3) GS III G/1

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Deviating Regulations

¹ Your accounting is governed by Article 957 paragraphs 2 and 3 OR¹). The provisions of financial management law are not applicable.

2.3. Joint Purpose Associations

Legal Status of Special Purpose Associations

¹ Special purpose associations are public corporations with their own legal personality, formed as an amalgamation of municipalities for the joint fulfillment of tasks.

**3. Organization of Municipalities**

**3.1. Enfranchised Voters**

Voters/Electors

¹ The voters/electors, in their entirety, constitute the supreme body of the municipality.

² They exercise their rights in accordance with the Constitution and cantonal as well as communal law at the municipal assembly or through ballot.

³ The right to vote in municipal affairs is governed by the Cantonal Constitution, by the Law on Political Rights5), and by this Law.

Guarantee of Political Rights

¹ Political rights in the municipality are guaranteed in accordance with the municipal constitution and the law on political rights.

Right to Submit Motions

¹ Every person entitled to vote has the right, at any time, independently or jointly with other persons entitled to vote, to submit motions to the Executive Board concerning matters falling within the competence of the voters.

² A motion may be submitted in the form of a general suggestion or a fully developed draft. It must observe the principle of the unity of the subject matter.

³ It may not contain anything that contradicts federal law or cantonal law; it may not demand anything that is obviously impracticable.

⁴) SR 220

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⁴ It must be precisely defined and reasoned, and it should be signed by the proposers by hand or provided with a qualified electronic signature (Art. 4a VRPG).

Reconsideration

1 A decision by the eligible voters can be reconsidered at any time. The municipal ordinance, church ordinance, or organizational statute regulates the details.

2 Election decisions are reserved.

3 A motion for reconsideration is inadmissible if significant enforcement actions have already been carried out, if its acceptance would violate good faith or the rights of third parties, or if the decision can no longer be withdrawn according to cantonal or federal law or due to the nature of the matter.

Voting and Election Procedures

1. Municipalities shall regulate voting and election procedures themselves within the framework of superior law. Subsidiarity, the provisions of the Law on Political Rights shall apply.

Optional Referendum

1 In municipalities, the municipal statutes, and in ecclesiastical parishes, the

church statutes govern the optional referendum.

2 Resolutions subject to the optional referendum shall be submitted to the

voters at the next municipal assembly or ballot vote as a motion if requested

within 30 days of their publication in the cantonal official gazette by

a.

b.

at least 300 eligible voters of the municipality;

at least one-tenth of the eligible voters belonging to the denomination.

3 Joint purpose associations and public law corporations may provide for optional

referendums in their organizational statutes.

Extraordinary Voting Procedures

1. Municipalities may provide that, in assembly municipalities, the executive

board and, in parliamentary municipalities, the municipal parliament may submit to the

voters

a. two variants, whereby the preferred one must be indicated;

b. a matter of principle for a vote.

2. If the voters have approved a matter of principle, this is binding for the

other municipal bodies. The deadlines for the treatment of proposals to the

voters in the form of a general suggestion apply to the implementation.

3. Municipalities may provide that consultative votes may be submitted to

the voters. The result of a consultative vote is not binding.

4. Church communities, special purpose associations, and public law corporations

may provide for such extraordinary voting procedures. The corresponding

regulations apply to them mutatis mutandis.

**3.2. Common Provisions**

Option to Choose

1. Within the framework of superior law, communes are granted organizational freedom.

2. Communes structure their legislative body as a municipal parliament with a communal assembly or with a ballot box vote, or alternatively, as a communal assembly.

3. Ecclesiastical communes, special purpose associations, and public-law corporations organize themselves as assembly communes.

Organs of the Municipalities

¹ In the Assembly Municipality, the municipal organs are

a. the eligible voters;

b. the Executive Board;

c. the Business Audit Committee.

2 In the Parliament Municipality, the municipal organs are

a. the eligible voters;

b. the Municipal Parliament;

c. the Executive Board.

3 In Assembly Municipalities, the Executive Board, and in Parliament

Municipalities, the Municipal Parliament, submits matters to the eligible

voters for decision-making.

4 In Parliament Municipalities, the municipal constitution regulates how the

eligible voters exercise their rights. They can do this within the framework of a

municipal assembly (Parliament Municipality with Municipal Assembly) or at

the ballot box (Parliament Municipality with Ballot Box Votes).

5 Municipal assemblies preclude ballot box votes.

6 The responsibilities of the municipal organs are determined by the municipal

constitution within the framework of superior law.

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Protocol Keeping and Protocol Disclosure

1 The municipal bodies keep separate protocols that must at least provide information about the resolutions, the results of elections, and any objections regarding the violation of competence and procedural provisions. They must be signed by the protocol keeper and, after express or tacit approval, by the chairperson.

2 The protocol of the municipal assembly, approved by the municipal council, shall be published in the customary local manner no later than two months after the assembly.

3 Objections to the protocol of the municipal assembly must be submitted in writing to the municipal council within the 30-day disclosure period. The municipal council shall decide within 30 days.

3.3. Parliamentary Municipalities

Non-transferable Powers of Voters

1 In parliamentary municipalities, voters are mandatorily competent to decide on the following matters

a. the adoption of the municipal constitution;

b. the election of the members of the municipal parliament and the executive board;

c. the merger with other municipalities;

d. further inalienable powers according to special cantonal legislation.

Non-transferable Powers of the Municipal Parliament

1. In parliamentary municipalities, the municipal parliament is exclusively responsible for

a. approving the budget and the annual accounts;

b. deciding on joining and withdrawing from special purpose associations;

c. approving business reports.

2. The municipal parliament constitutes the electoral authority for

a. its subordinate commissions;

b. the electoral office;

c. the representation of the municipality in the bodies of special purpose associations.

Mandatory and Optional Referendum

1 The Municipal Charter regulates, subject to paragraph 2, against which

resolutions of the municipal parliament an optional referendum according to

Article 19 can be initiated.

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2 An optional referendum is excluded for resolutions according to Article 25,

for negative resolutions of the parliament with the exception of those regarding

motions of eligible voters within the meaning of Article 16, as well as for

procedural decisions in the handling of parliamentary initiatives.

3 Subject to Article 25, the Municipal Charter may subject further resolutions

according to Article 27 to a mandatory referendum.

3.4. Assembly Municipalities

1. In Versammlungsgemeinden befinden die Stimmberechtigten über folgende Geschäfte

| | | | | | --- | --- | --- | --- | | a. | die Wahl der Vorsteherschaft; | | |

| | | | | | --- | --- | --- | --- | | b. | die Wahl des Kontrollorgans (Art. 2 Abs. 1 Bst. f); | | |

| | | | | | --- | --- | --- | --- | | c. | die Beschlussfassung über die Gemeindeordnung und über die wichtigen Rechtssätze im Sinne von Artikel 4 Absatz 2; | | |

| | | | | | --- | --- | --- | --- | | d. | die Genehmigung des Budgets und der Jahresrechnung sowie die Festsetzung des Steuerfusses; | | |

| | | | | | --- | --- | --- | --- | | e. | die Beschlussfassung über den Beitritt zu und den Austritt aus Zweckverbänden; | | |

| | | | | | --- | --- | --- | --- | | f. | den Zusammenschluss mit anderen Gemeinden, Gemeindeaufteilungen sowie Änderungen und Bereinigungen der Gemeindegrenzen; | | |

| | | | | | --- | --- | --- | --- | | g. | weitere unentziehbare Befugnisse gemäss kantonaler Spezialgesetzgebung; | | |

| | | | | | --- | --- | --- | --- | | h. | in den Kirchgemeinden, die Wahl des Kirchenrates, des Pfarrers oder der Pfarrerin sowie weiterer kirchlicher Bediensteter, soweit die kirchlichen Vorschriften dies vorsehen. | | |

Powers of the Board of Directors

¹ The Board of Directors constitutes the electoral authority for

a. the communal and administrative commissions;

b. the electoral office;

c. the representatives of the municipality in the bodies of the special purpose associations

subject to Article 106 paragraph 2.

² The municipal regulations determine against which decisions of the Board of Directors

the optional referendum according to Article 19 can be invoked.

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4. The Municipal Assembly

4.1. Preparation

Convocation of the Municipal Assembly

1 The executive committee convenes municipal assemblies.

Documents for the Community Meeting

¹ The deadlines for the publication and delivery of documents for the community meeting are determined by Article 60 of the Law on Political Rights.

Right to Interpellate

1 In assembly communes, eligible voters may submit inquiries regarding matters of general interest to the commune and demand their answer at the commune assembly. They address the inquiry in writing to the executive committee.

2 Inquiries submitted at least ten working days before an assembly shall be answered by the executive committee in writing at least three days before that assembly. If submitted electronically or if the inquiring person has agreed to an electronic answer, the answer shall be provided electronically.

3 The inquiry and the answer shall be published in electronic media at least three days before the assembly and announced in a summarized form at the assembly. The inquiring person may comment on the answer. The assembly may decide that a discussion takes place.

Quorum

1 Every duly convened communal assembly has a quorum.

2 Resolutions may only be passed on matters of business that are listed on the agenda published with the summons.

3 Violations of jurisdictional and procedural provisions must be immediately challenged if it is reasonable to do so. Otherwise, the right of appeal is forfeited.

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4.2. Execution

4.2.1. Timing

Ordinary Municipal Assembly

1. Assembly municipalities shall hold an ordinary municipal assembly at least twice a year, in spring and in autumn. The eligible voters shall decide on the accounts of the previous year by 30 June at the latest, and on the budget and the tax rate for the following year by 31 December at the latest.

2. Parliamentary municipalities with a municipal assembly shall hold a municipal assembly as needed.

3. Ecclesiastical municipalities shall hold an ordinary municipal assembly at least annually. They shall decide on the accounts of the previous year and on the budget for the following year by 31 December at the latest. In doing so, they shall also determine the tax rate for the following year and periodically take note of the financial planning.

Extraordinary Municipal Assembly

1 An extraordinary municipal assembly shall take place at the latest within three months if

a. the municipal executive decides it;

b. the municipal parliament decides it;

c. it is requested by at least 300 eligible voters, or in parish communities by at least one-tenth of the eligible confessional members, with specification of the matters to be dealt with;

d. the Cantonal Government orders it.

Prior Submission of Motions to Amend Proposals

1 The communal constitution may provide that the electorate must, in exceptional cases, submit motions to amend a proposal, along with their reasons, to the executive council prior to the communal assembly.

2 These motions must be made known to the electorate by the executive council in an appropriate manner before the communal assembly.

**4.2.2. Course of the Deliberations**

Vote Counters

1 The municipal election office acts as vote counter at the community assemblies.

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Vote counters must recuse themselves from votes concerning their own affairs.

Conduct of Meetings

1 The Presidency of the Board of Directors presides over the general assembly. The Board of Directors regulates representation in case of an impediment or a duty to recuse.

Agenda

1 First, the agenda is open for discussion. If a motion to change the order of the agenda items is made, the municipal assembly decides. Other motions regarding the agenda are not admissible.

2 Unannounced business may neither be added to the agenda nor dealt with.

Explanation of Business

1 The motions of the Executive Board or the Control Body will be read out and, where necessary, explained. Voting members who have submitted a motion will be given the opportunity to briefly justify their motion.

2 Both the Executive Board and the present voting members may decide to hear experts without voting rights or persons with a special interest who do not have voting rights regarding a proposal.

1. **Determining the Majority**

1. The person chairing the meeting determines the majority of voters by estimation.

2. If the majority is not obvious, the vote must be repeated, with the votes being counted by the tellers.

3. In the event of a tie, the chairperson decides by casting vote. If an election results in a tie, lots are drawn.

4. If municipalities use technical aids to determine the majority, they may regulate this differently.

Voting Rights of Authority Members

1 The members of the executive board and the other municipal authorities

participate in the votes. The chairperson refrains

from voting.

2 When approving accounts and making decisions concerning the management

of authorities, administration, enterprises, and institutions, the

members of the responsible municipal authority may not vote.

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Motion to Reconsider

1 Motions to reconsider are admissible until the close of the meeting.

Other procedural motions shall be dealt with immediately.

Voting Procedure for Approving the Annual Financial Statement

1 If motions are made regarding individual items of the annual financial statement, these must be decided upon first, and subsequently the approval of the annual financial statement.

2 If the financial statement is approved only under the reservation of clarifying the contested items, the Executive Board must report on its review at the next municipal assembly.

Procedure in Case of Non-Approval

1 If the invoice is not approved, the executive board must review the objected

items again and, if necessary, supplement or correct them. It shall

promptly inform the auditing body or the business auditing commission of

its statement.

2 No later than eight weeks after the non-approval, the executive board must

convene an extraordinary municipal assembly.

3 If approval is rejected again, the control body shall notify the Government

Council of the matter.

Voting Procedure for Decisions on Budget and Tax Rate

1 The electorate decides on the budget and subsequently sets the tax rate.

2 If motions are made concerning individual items of the budget, these shall be decided upon first, followed by a decision on the adjusted budget.

Referral of Budget or Tax Rate

1 If the budget or the tax rate is referred, the Executive Board must

convene an extraordinary community assembly no later than within eight

weeks.

2 In the event of renewed rejection, the Executive Board submits the budget or

the proposal for the tax rate to the Government Council for determination.

**4.2.3. Legal Protection**

Unlawful Motions

1 Unlawful motions may not be put to a vote.

2 The admissibility of motions is determined by Article 65 of the Cantonal Constitution.

3 If an eligible voter claims that a proposal or a motion is unlawful, an opportunity for discussion must be provided. The decision rests with the chairperson.

Objection

1 Every person entitled to vote may, until the close of the meeting, raise an objection due to procedural defects, unlawful resolutions, or other legal violations.

2 The chairperson decides whether the discussion on an item is reopened or a vote is repeated.

Complaint regarding Voting Rights, Elections, and Referendums

1. After the close of the meeting, the following may occur

a. any person entitled to vote may lodge a complaint concerning voting rights with the Government Council, within ten days of the meeting, due to irregularities in the preparation and conduct of the meeting, in accordance with Article 114, paragraph 1 of the VRG;

b. any person demonstrating a legitimate interest may file an administrative complaint with the Government Council against an unlawful resolution, within 30 days of the meeting, in accordance with Articles 85 et seq. of the VRG.

**5. The Municipal Parliament**

Composition, Powers

1 The Municipal Code determines, in particular

a. the electoral districts for the municipal parliament;

b. the number of members of the municipal parliament;

c. the powers of the municipal parliament.

Public Nature

1 The sessions of the municipal parliament are public.

2 If it appears necessary in the interest of public order and safety, or if private interests worthy of protection justify it, the Presiding Board, any member of the municipal parliament, or the executive board may request a closed session. Such a motion shall be voted on secretly, excluding the public. A decision requires the votes of two-thirds of the members present.

3 In the case of closed deliberations, everyone is obliged to maintain confidentiality about the discussions.

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### Duties

1. The Municipal Parliament decides on matters assigned to it by cantonal law or the municipal constitution.

2. It is responsible for overseeing the authorities, administration, and other bodies responsible for public tasks.

Annual Financial Statements, Budget, and Tax Rate

1 The regulations under Articles 43–46 apply mutatis mutandis to parliamentary communes.

Organisation of the Municipal Parliament

1 The municipal parliament constitutes itself and, within the framework of the law and the municipal ordinance, adopts its own rules of procedure.

2 The rules of procedure regulate in particular

a. the organs and their competences;

b. the rights and duties of the members of parliament according to Article 56, as well as the procedure for their exercise;

c. the parliamentary instruments;

d. the rights and the procedure of the parliamentary commissions;

e. the voting procedure.

3 In the absence of corresponding regulations, cantonal law shall apply by analogy.

Publication

1 Resolutions subject to referendum shall be published in the Official Gazette.

Rights and Duties of Members of the Municipal Parliament

1. Municipalities regulate the rights and duties of members of the municipal parliament. Unless otherwise provided, Articles 64 et seq. and 72 et seq. of the Cantonal Council Ordinance (LRV) apply mutatis mutandis.

Rights of the Executive Board

1 The Executive Board submits business to the Municipal Parliament for decision-making.

2 The members of the Executive Board participate in the meetings of the Municipal Parliament with an advisory vote and the right to make proposals.

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3 The Municipal Parliament may form commissions to prepare for deliberations, to exercise supreme oversight, or for special investigations. The Executive Board may have its proposals represented there by a member or by administrative staff.

**6. Municipal Authorities**

**6.1. General Provisions**

Eligibility

1 All enfranchised persons who have completed their 18th year of age are eligible as members of municipal authorities.

2 Persons who have their domicile in the municipality no later than at the time of the elections are eligible for election to the Executive Board and the Municipal Parliament. This domicile must be maintained throughout the entire term of office.

3 Municipal law may require domicile in the municipality for election to a commission with an advisory function or as a delegate of the municipality to a special-purpose association.

Replacement Elections

1 If a vacancy arises due to the departure of an office holder during the

current term of office, a replacement election shall be held for the remainder

of the term of office, provided that the next ordinary election does not take

place within the next six months at the latest. The same provisions apply

to the replacement election as to ordinary elections.

2 If the conditions for holding a replacement election are not met, any deputy

shall participate in the deliberations of the authority in place of the outgoing

ordinary member.

Elections to Various Offices

1 If a person is elected to various offices that are mutually exclusive, they

must decide for one or the other office.

2 If incompatibilities within the meaning of Article 62 exist, then in the case

of simultaneous election, the person who unites more votes is elected. If

the candidates have received an equal number of votes, lots decide.

3 If one of the persons between whom an incompatibility within the meaning

of Article 62 exists is elected, and the other is in office without the re-election

of the second person being due simultaneously with the election of the first,

then the election is invalid.

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Incompatibilities for Authorities and Employees

1 Members of the municipal parliament or the audit committee cannot simul-

taneously be members of the executive board within the same municipality.

2 Members of the executive board and the audit committee must not be related

by kinship according to Article 62.

3 Members of the executive board and municipal employees cannot belong to the

audit committee. The latter also cannot simultaneously be members of the ex-

ecutive board within the same municipality, nor can they belong to the authority

immediately superior to them. If the municipality does not specify a relevant

employment level for this purpose, this applies to every employment.

Incompatibilities Due to Kinship

1 Relatives and in-laws in a direct line, siblings, spouses, and persons living together in a registered partnership or factual cohabitation, may simultaneously belong to the municipal parliament but not simultaneously to the same other municipal authority.

Incompatibilities for Control Bodies

1. A person may not be elected to a control body if, in the municipality or special-purpose association concerned, they hold a controlled office or are so closely related to the holder of such an office that there is a ground for exclusion due to kinship (Art. 62).

Incompatibility upon Assumption of Office and Others

1 No one may assume another office if they would have to undertake incompatible official duties.

2 The Municipal Code may provide for additional grounds of incompatibility.

Conflicts of Interest

1 Members of authorities shall disclose their conflicts of interest upon joining the authority and whenever there is a change in circumstances.

2 The municipality shall maintain a public register of the information provided by its authority members.

3 Each authority is responsible for ensuring compliance with the disclosure obligation. It may request members to register their interests.

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Official Secrecy

¹ Members of municipal authorities, as well as municipal employees and private individuals performing public tasks, are bound to secrecy regarding matters they have perceived in their official or service capacity, to the extent that there is an overriding public or private interest in maintaining secrecy or if a special provision so stipulates.

² The decision regarding the release of a member of the executive board from official secrecy is made by the executive board, with the concerned member recused; for other persons subject to official secrecy, the decision is made by their superior authority.

Recusal

1 Members of a municipal authority who prepare, participate in, or make a decision or resolution must recuse themselves in accordance with Article 77 of the Constitution and Articles 13 and 14 of the Administrative Justice Act (VRG).

2 If a person must recuse themselves, they may neither participate in deliberations nor in decision-making, whether in a preliminary commission or in the plenum. They must leave the meeting room before the relevant matter is discussed.

3 In case of a dispute, the municipal authority decides.

Recusal; Exceptions

1 There is no obligation to recuse oneself in matters concerning the entire municipality or parts thereof, other public-law organizations, or a generally defined majority of persons, particularly in legislative matters.

2 If a municipal body is unable to make a decision due to recusal or other reasons, the cantonal supervisory authority shall determine the further procedure. It may act in place of the body or appoint the body of another municipality as the decision-making authority.

Recusal in the Administration of Justice

1 In the area of the administration of justice, recusal is governed by the provisions of the Federal Act on Administrative Procedure (VwVG).

Liability for Damages

1. The liability of municipalities, special purpose associations, and corporations for damages caused by officials to third parties is governed by the State Liability Act7).

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6.2. Consultation

Meetings

1. Authorities convene upon invitation from the Bureau and upon the request of at least one-third of their members.

2. Subject to excusable grounds, members of authorities are obliged to participate in the meetings.

### Quorum

1. A public authority has a quorum if at least the majority of its members are present and entitled to vote.

2. They make their decisions as a collegial body after joint deliberation. In exceptional cases, they may decide by circular resolution.

3. The members of the authority represent the decisions of the collegial body.

Compulsory Voting

1 Every member is obliged to cast their vote in ballots and elections. The provisions on recusal remain reserved.

2 Voting shall be open. In the event of a tie, the President's vote shall be decisive.

3 In elections, an absolute majority shall apply in the first round of voting, and a relative majority in the second round.

Presidential Decisions

1 If urgent matters cannot be dealt with in time by the authority, the Presidium decides in their stead. He or she informs the authority.

2 An authority may authorize the Presidium to decide matters of minor importance itself.

6.3. The Board of Directors

Position

1 The Executive Board is the leading and supreme executive authority of the municipality.

2 It plans and coordinates the activities of the municipality.

3 It manages and supervises the municipal administration.

Organisation

1 The Board of Directors consists of at least three and at most seven

members. With the exception of the Presidium, it constitutes itself.

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2 It must align its administrative activities with appropriate organizational

principles.

3 The municipalities determine the scope of employment and the management

model.

Presidential Duties

1 Unless otherwise determined by a resolution of the municipality, the Presidency shall be responsible in particular for

a. preparing the business of the Executive Board and initiating the necessary preliminary clarifications for this purpose;

b. chairing the meetings of the Executive Board;

c. ensuring the implementation of the resolutions of the Executive Board;

d. coordinating the activities of the members as well as of committees and commissions of the Executive Board;

e. managing and supervising the administration;

f. supervising the preparation of the municipal assemblies and chairing the municipal assembly;

g. representing the municipality and its authorities;

h. overseeing public information.

Representation of the Municipality; Signing Authority

1 The Executive Board plans governmental actions, takes initiatives, maintains relations with the Canton and other municipalities, coordinates administrative work, and represents the municipality internally and externally. The powers of the electorate and the municipal parliament remain reserved.

2 The Presidency, together with another member of the Executive Board or with the Municipal Clerk, signs documents within the competence of the Executive Board.

3 Unless otherwise provided by communal regulation, other municipal authorities may designate their own representation for issuing legally binding declarations to third parties.

Duty to Pre-deliberate

1 The Executive Board must pre-deliberate all matters that are to be submitted to the municipal assembly or the municipal parliament, and make a proposal.

2 The Executive Board shall prepare a report or a message for each matter for the attention of the eligible voters or the municipal parliament, and shall deliver it to them in a timely manner or publish it in an appropriate way.

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Powers

1 The Executive Board fulfills all tasks not assigned to another body by superordinate law or by the law of the municipality.

2 It may issue executive ordinances and administrative instructions, as well as regulations for which it has been authorized in individual cases by a resolution of the electorate, or which are of particular temporal and substantive urgency.

3 If the law of the municipality must be adapted to superordinate law and the municipality has no regulatory discretion in doing so, the Executive Board may decide on the amendment within its own competence.

Administrative Fines

1 The Executive Board may authorize the communal control bodies, with regard to

transgression facts of the communal decrees, to levy an administrative fine on the spot

in agreement with the offending person.

2 The Executive Board determines the transgression facts and sets the amount of the

administrative fine. The administrative fine shall not exceed 1000 Swiss Francs.

3 If the affected person does not acknowledge the offense or does not agree with the

administrative fine procedure, a report shall be made to the criminal prosecution authorities.

Urgent Resolutions

1 In cases of substantive and temporal urgency, the Executive Council,

with the consent of all members present, or the Municipal Parliament

with an absolute majority, may exceptionally pass a resolution in place of the

electorate.

2 The resolution must be published online and by a corresponding notice

in the Official Gazette.

3 At least 100 eligible voters, or in parish communities at least one-tenth

of the eligible voters belonging to the denomination, may within

10 days of the resolution being made public, demand that

it be submitted as a motion to the next municipal assembly or the next

ballot vote.

Transfer of Powers

1 By municipal law, individual powers which ordinarily appertain to the

municipal executive may be transferred to special authorities or units

of the municipal administration.

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2 The duties, competencies, and organization of permanent commissions

shall be regulated by a municipal decree, insofar as no superordinate

provisions exist.

3 The ordinary municipal bodies may appoint ad hoc commissions for the preliminary

examination and preliminary deliberation of individual matters falling within

their respective competencies, insofar as no superordinate provisions exist.

4 The municipal executive may only delegate a decision within the scope of a

competence belonging to it to a superordinate body if this proves to be

indispensable due to objective reasons and an extraordinary situation.

7. Audit and Management Review

Control Bodies

1 The municipalities appoint a Business Audit Commission with at least five members. It constitutes itself, unless the municipal regulations determine otherwise.

2 Parish communities, public law corporations, and special purpose associations appoint an audit body with at least two members.

3 The municipal parliament elects the Business Audit Commission from among its members. In assembly municipalities, the eligible voters elect the control body.

4 The municipal regulations may provide that the control body engages private audit and fiduciary enterprises or specialized departments of the financial control of other corporations.

1. Die Geschäftsprüfungskommission prüft

| | | | | | --- | --- | --- | --- | | a. | den Finanzhaushalt und das Rechnungswesen nach finanzpolitischen Gesichtspunkten; | | |

| | | | | | --- | --- | --- | --- | | b. | das Budget, die Jahresrechnung und weitere Geschäfte von finanzieller Tragweite in der Zuständigkeit der Stimmberechtigten oder des Gemeindeparlaments; | | |

| | | | | | --- | --- | --- | --- | | c. | die finanzrechtliche Zulässigkeit, die rechnerische Richtigkeit und die finanzielle Angemessenheit. | | |

2. Im Rahmen der Geschäftsprüfung übt die Geschäftsprüfungskommission die Aufsicht über die Geschäftsführung der Gemeinde aus. Dabei prüft sie insbesondere die Geschäftsberichte und die dem Gemeindeparlament und den Stimmberechtigten vorzulegenden Geschäfte nach Absatz 1 Buchstabe b. In Bezug auf diese Geschäfte prüft sie auch die sachliche Angemessenheit.

3. Das für die Wahl der Geschäftsprüfungskommission zuständige Gemeindeorgan kann weitere Kommissionen wählen und diesen einen Teil der Aufgaben nach Absatz 1 und 2 und entsprechende Kompetenzen übertragen.

Examination by Auditing Body

1

In church parishes, special purpose associations, and public-law corporations, the duties of their auditing body are determined, in the absence of any contrary regulation, by Article 85 Paragraph 1.

Informational Rights

1 The supervisory body may request the executive board to release the documents necessary for its audit and, with their consent, obtain the information necessary for its audit from the municipal administration.

2 The executive board restricts the release of documents and the provision of information insofar as an overriding public or private interest so requires.

3 The scope of informational rights and the procedure are determined mutatis mutandis according to Article 67 of the LRV, subject to differing regulations in municipal law.

Reporting

1 The Business Auditing Commission submits a written report and makes a proposal to the Board of Directors of assembly municipalities for the attention of the voters, and to the municipal parliament in parliamentary municipalities.

Consultation

1 The Board can consult the Supervisory Body in an advisory capacity, particularly for transactions with financial implications.

2 The Supervisory Body may engage experts for extraordinary audits.

8. Fulfillment of Duties

8.1. Principles

Tasks of the Municipality

1 Municipalities fulfill the tasks assigned to them, as well as all local matters not regulated or not exhaustively regulated by cantonal law.

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Assumption of Responsibilities

1. Municipalities assume self-selected responsibilities through a resolution of the competent municipal body.

2. If, in the course of fulfilling these responsibilities, the legal position of persons is affected, a formal statutory basis is required for the assumption of such responsibilities.

Bearer of Tasks

1 The municipalities perform their tasks themselves.

2 They may transfer the performance of tasks to third parties by resolution or contract, and may establish public and private law organizations or participate in them.

3 The basis for the transfer particularly regulates

a. the nature and scope of the task;

b. the legal form of the task bearer;

c. the financing;

d. the supervision;

e. in the case of an institution, its organization;

f. legal protection, subject to Article 103 paragraph 2 of the Administrative Procedure Act (VRG).

Oversight in Case of Task Delegation

1. The outsourced entities or their performance of tasks are subject to the oversight of the municipality.

8.2. Intercommunal Associations

8.2.1. Principles of Cooperation

Possibilities

1 Municipalities may, for cooperation with other municipalities,

through agreements

a. take over administrative tasks from other municipalities or

transfer them to another municipality (Art. 98);

b. make their own facilities or employees available to another municipality;

c. establish a joint office or commission or create a joint facility for specific tasks;

d. form special purpose associations (Art. 94–120).

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Transborder Cooperation

1 In the context of transborder inter-municipal cooperation, municipalities are authorized to conclude contracts with neighboring municipalities located outside the canton regarding local matters. These contracts must be brought to the attention of the Government.

Formal Requirements

1 The agreement on cooperation is concluded through a public law

contract. This contract specifies, in particular, the purpose of the agreement, the organization

of the cooperation, the contributions and compensations, the legal relationships

of any assets, and the conditions for termination and dissolution.

2 Private law contracts may be concluded for administrative auxiliary transactions, the

management of financial assets, and for businesses not exercising sovereign authority that

participate in economic competition.

3 Agreements with out-of-canton municipalities may only be concluded on the basis of a

special statutory provision, an intercantonal agreement of the

canton, or, insofar as the interests of the canton are affected, with the approval

of the Government Council. They must comply with the principles of cantonal law.

Reservation in favor of the Electors

1 The powers of the electors of each municipality according to Articles 24 and 27 remain reserved.

Acquisition of an Administrative Task

1 The municipality can, by agreement, take on tasks of other municipalities, particularly if the performance of these tasks would cause disproportionate effort for them.

2 It can also, by agreement, take on tasks of a neighboring municipality if

a. administration is made more difficult for the latter in remote areas;

b. a uniform administration in the public interest exists in the border region with another canton.

3 The affected parties must be consulted before an agreement is made.

Principles for the Assumption of Administrative Tasks

1 The municipality, which performs transferred tasks, acts in its own name and, within the framework of the agreement, according to its own law.

2 The agreement shall be for a limited period; it can be extended for a further period after a review.

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3 The Government Council can, if necessary, assign a task to a municipality if no agreement is reached.

8.2.2. Forms of Establishment

Formation

1 The special purpose association comes into existence with the approval of the voters of the participating municipalities to the founding agreement and the organizational statute.

2 The founding agreement and organizational statute must be submitted to the Government Council for approval. The approval decision grants the association legal personality under public law. It will be published in the Official Gazette.

3 In the case of intercantonal special purpose associations, the Government Council may approve deviations from this law, provided that the principles of cantonal law are observed.

Extraordinary Formation, Compulsory Membership

1 The Cantonal Government may, for important reasons, oblige municipalities

to merge into a special purpose association. It may determine its found-

ing agreement and organizational statutes.

2 For the same reasons, it may oblige a municipality to join a

special purpose association, or oblige the latter to admit further municipalities.

3 In all these cases, it shall first hear the parties involved. The decisions of the

Cantonal Government shall be published in the Official Gazette.

Foundation Agreement

1. The agreement on the formation of a special-purpose association must specify at least

a. the member municipalities;

b. the name and purpose of the association, as well as the location of its registered office;

c. the organs of the association (Art. 106) and the representation of the member municipalities therein;

d. the principles for financing the association's tasks, in particular the method for distributing financial burdens among the members;

e. the conditions and procedure for joining and withdrawing;

f. the procedure for dissolving the association.

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Organizational Statute

1 The organizational statute of the special purpose association shall regulate at least

a. the convocation, the negotiation procedure, and the competences

of the association's bodies;

b. the fundamental principles of the organization of the association's administration;

c. all matters which, according to this law, the municipalities are required to regulate through their

municipal ordinances.

2 The organizational statute may be laid down in the founding agreement.

Entry

1 An appropriate buy-in sum may be required from new association members if the existing members have made corresponding advance contributions.

Withdrawal

1 A member may withdraw from the association in accordance with the provisions of the founding agreement. Any obligation imposed by the Governing Council under Article 101 remains reserved.

2 However, if the continued existence of the association or the fulfillment of its purposes is seriously endangered by the withdrawal of one or more members, or if the remaining members of the association are excessively burdened by the withdrawal, the Governing Council may, upon request, extend the notice period as far as necessary. It shall hear all parties involved beforehand.

3 Withdrawing members are not entitled to compensation unless the agreement provides otherwise. They are proportionately liable, in accordance with the founding agreement, for the liabilities of the association that arose during the period of their membership.

8.2.3. Organization

Organs of the Special Purpose Association

1 The organs of the special purpose association are

a. the member municipalities;

b. the Delegates' Assembly;

c. the Executive Board;

d. the business or financial audit body;

e. special commissions, if any;

f. the administration, the enterprises, and the institutions of the association.

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2 The foundational agreement may provide that no Delegates' Assembly is

appointed, and that in its place the Executive Board of the association is

elected by the eligible voters of the member municipalities, and also exercises

the powers of the Delegates' Assembly according to Article 112 letters c-h. In

this case, the members of the financial audit commission or the financial

auditors must also be elected by the eligible voters of the member

municipalities. In this event, the Executive Board constitutes itself.

Composition and Constitution of the Assembly of Delegates

1 The Assembly of Delegates is composed of representatives from each association member.

2 The founding agreement determines the number of delegates, taking into account the population of the members and the significance of the association for the individual members.

3 Each association member is entitled to at least one representative in the Assembly of Delegates. No municipality may provide more than half of the delegates, unless only two municipalities form the association.

Members of the Municipal Executive in the Assembly of Delegates

¹ The municipal charter of a member municipality may stipulate that at least one delegate, but no more than half of the delegates of that municipality, must be elected from among the members of the municipal executive.

Exclusion from Membership in the Delegates' Assembly

1. Members of the Delegates' Assembly who are elected to the Board of Directors or the Audit Body of the Association lose their status as delegates and are to be replaced by their elected substitutes.

Information to Association Members

¹ The association bodies must regularly and fully inform the association members about the activities of the special purpose association.

² Association members can request information at any time.

³ The executive boards of the member municipalities shall annually inform the voters or the municipal parliament about the business management and household of the special purpose association.

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Participation Rights of Association Members

1 The communal assembly, the communal parliament, and the executive board of each member municipality may demand that the delegates' assembly be convened within four months or the executive board of the association within two months.

2 The organizational statute specifies which resolutions concerning all freely determinable one-time expenditures for the same purpose and which resolutions concerning all freely determinable recurring expenditures for the same purpose require the approval of the voters of the association members or the approval of the executive boards of these municipalities.

3 The founding agreement or the organizational statute may stipulate that further association resolutions require the approval of the majority or all members.

Powers of the Delegates' Assembly

1 The Delegates' Assembly is responsible for

a. the election of the presidency as well as the other members of the executive board of the association;

b. the election of the members of the financial audit committee or the financial auditors;

c. enacting regulations of the association;

d. decisions concerning the approval, amendment, or termination of contracts with other bodies or with private individuals regarding the tasks of the association;

e. financial powers, as they would be held by the voters or the municipal parliament of a municipality, subject to the rights of the association members according to Article 111;

f. the decision on the admission of new members;

g. the supervision of the administration, the operations and institutions of the association;

h. any other matter that must be submitted to the Delegates' Assembly by legislation, the founding agreement, or the organizational statutes.

Negotiations of the Delegates' Assembly

1 The Delegates' Assembly is only quorate if the majority of the delegates

or elected substitutes are present.

2 Each delegate has one vote. Representation is possible in accordance

with the organisational statutes.

3 The provisions for the communal assembly apply mutatis mutandis

to the conduct of the Delegates' Assembly.

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8.2.4. Executive Board of the Special Purpose Association

Position

1 The Executive Board of the special-purpose association consists of the Presidium and at least two further members.

2 The municipality in which the special-purpose association has its seat, or the one in which it has its most important facilities, must be represented on the Executive Board.

Powers and Duties

1 The powers of the Executive Board are determined by the founding

agreement, the organizational statutes, and analogously by the provisions

of this Act concerning the Executive Board.

2 It annually submits a statement of accounts to the Assembly of Delegates,

which it presents along with the association's financial statements and the report

of the auditing body.

Priority of Association Law

1 Decisions issued by the association's bodies within the scope of their statutory, contractual, and constitutive powers are binding on the association members.

2 The association may issue generally binding regulations or make orders concerning private individuals and organizations. It may, in particular, levy contributions and fees within the scope of its statutory, contractual, and constitutive powers, to the exclusion of other communal charges.

Budget

¹ The legal provisions concerning the municipal budget and its control also apply to the special purpose association.

² The association's accounts and budget must be prepared and delivered to the member municipalities in a timely manner, allowing them to incorporate their contributions into their own accounts and budgets for the following year.

8.2.5. Final Provisions for the Special Purpose Association

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Income; Liability of Association Members

¹ The founding agreement, the organizational statutes, and the regulations issued by the special-purpose association govern the income.

² The association members are obligated, at a minimum, to cover the ongoing expenditure surpluses.

³ The association members are proportionally liable for the debts of the association, in accordance with the founding agreement.

Dissolution of the Association

1 The association shall be dissolved in accordance with the founding agreement or by a unanimous decision of its members. The decision to dissolve must be approved by the Government Council.

2 The Government Council may, for important reasons, dissolve an association after having heard the parties involved.

3 The decisions of the Government Council shall be published in the Official Gazette.

Consequences of Dissolution

1 The dissolved association enters into liquidation, unless its assets are

taken over by one or more association members or a third corporation.

The administrative assets must first be offered to the corporations

that will henceforth carry out the association's tasks, and then be

auctioned off. The financial assets are sold by private treaty. The uncovered

liabilities are transferred to the association members. They are distributed

among the association members pro rata, with orientation to the creditors.

2 If the Government Council has approved the liquidation or the takeover,

the association is dissolved.

9. Merger of Municipalities and Amendment of Municipal Boundaries

### Merger or Division of Municipalities

1 The merger or division of municipalities requires the consent of the affected voters and approval by the Landsgemeinde.

2 For church parishes, the decision of the voters requires approval by the Cantonal Council.

3 The corresponding procedure applies to the reversal of such changes.

Name and Coat of Arms of the Municipality

¹ The municipality determines its name and coat of arms.

² The name or coat of arms of the municipality may be changed by resolution of the voters, subject to approval by the Government Council.

³ The church parish determines its name. It may determine a coat of arms.

Municipal Boundaries

1. Neighboring municipalities may, with the consent of their eligible voters, agree upon a boundary adjustment or a boundary change. A boundary adjustment requires the approval of the Government Council; a boundary change requires the approval of the Cantonal Council.

2. A boundary change is binding for church parishes insofar as their territory is determined by the territory of the municipality.

3. If the Canton wishes to implement a boundary change with a neighboring Canton, it must first obtain the consent of the affected Glarus municipality.

Regulation of Unresolved Questions

¹ If no agreement can be reached between the communes concerned regarding the procedure to be followed in the case of an amalgamation or division, the treatment of assets and liabilities, citizenship, or the transitional arrangements, each municipal council (Vorsteherschaft) may appeal to the District Administrator (Landrat), who, upon application by the Government Council (Regierungsrat), shall decide on the details of the agreement.

10. Supervision

Cantonal Supervisory Authority

1 The municipalities, special purpose associations, and public-law corporations,

as well as the institutions and enterprises of communal bodies, are

under the supervision of the Government Council.

2 The Government Council may delegate certain supervisory powers, and specifically

the supervision of public-law corporations, to the competent

department.

3 Special provisions in a law or a cantonal council ordinance, which assign the supervision of the fulfillment of cantonal tasks by the municipalities to the competent specialist department, remain reserved.

Supervisory Clarifications, Scope of Supervision

1 The competent cantonal authority undertakes further clarifications upon

a supervisory complaint (Art. 84 VRG) or ex officio, if

a. clear law is violated, procedural rules or important public

interests are disregarded; and

b. the municipality does not rectify the matter itself according to Article 133.

2 The decisions of the electorate and the entire activity of the authorities and administration of the communal corporations, institutions and enterprises are subject to cantonal supervision.

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Oversight Measures

1 The Government Council and the cantonal authorities subordinate to it are,

unless otherwise provided by law, responsible for

a. controls and investigations;

b. directives and orders;

c. the annulment of contested orders;

d. special coercive measures.

2 The legislation also determines which resolutions, contracts, and orders must

be submitted to the Government Council or another cantonal supervisory

authority for approval.

Investigations

1 The cantonal supervisory authority may inspect files, request reports

from authorities, question members of authorities and municipal employees,

and clarify a matter in other appropriate ways.

2 The supervisory authority shall be provided with all necessary information,

regardless of confidentiality obligations.

3 In particular, it must be examined whether the financial management principles

regarding budget control and accounting are adhered to. Otherwise, the Department shall

order the necessary investigations and propose the required measures to the government.

Coercive Measures

1 The Government Council shall take appropriate measures to restore or

secure legal order within the corporation.

2 It shall intervene in particular in the following cases

a. indebtedness has reached a critical level or is heading towards one;

b. a balance sheet deficit is reported or is to be feared due to a negative

trend in self-financing;

c. the principles of financial management and accounting are significantly

disregarded.

3 Municipalities planning one-off or recurring expenditures or waivers of

revenue that could lead to an increase in indebtedness to a critical level must

report these in advance to the supervisory authority.

Substitute Performance, Removal from Office

1 The Cantonal Government may act in place of a municipal body or order substitute performance. It may, in particular, issue generally binding regulations, conclude contracts, and make decisions concerning accounts, budgets, and tax rates.

2 It may remove a member of a municipal authority from office if, for serious reasons, that person's continued presence in office would be detrimental to the interests of the corporation.

Compulsory Administration

1 The Government Council may place a municipality under compulsory administration if the municipality persistently breaches its legal obligations, stubbornly opposes the directives of the Government Council, or seriously endangers its solvency through its financial conduct.

2 It appoints one or more commissioners for the compulsory administration and determines their powers. As soon as the reason for the compulsory administration permits, new elections for the authorities shall be held.

Proceedings; Costs

1 The Government Council shall hear the competent bodies of the corporation and

request them to restore or secure the legal order.

2 It shall order coercive measures under Articles 129 and 131 only to the extent

and for as long as they are suitable and necessary.

3 The municipality or the special purpose association shall bear the costs of the measures.

11. Legal Protection

Supervisory Authorities in the Municipality

1 If circumstances in accordance with Article 126 paragraph 1 letter a are found in a municipality, the competent municipal body shall arrange for the necessary clarifications and take the required measures.

Complaint

1 Legal protection against orders, decisions and decrees of municipal bodies, other public-law corporations or public-law institutions, as well as supervisory orders issued by the latter against the former, is governed by the VRG.

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