Kanton Glarus

Subject Matter

1 This Act governs

a. the liability of public bodies for damage unlawfully caused to third parties by their officials in the exercise of their office;

b. the liability of officials for damage caused to the public body in breach of their official duties, as well as any right of recourse of the public body against its officials;

c. the indemnification of officials for liability arising from representing a public body in an organization.

2 It also governs exceptional compensation for damage caused to third parties by lawful acts (Art. 7).

Community

1 For the purposes of this law, "community" shall mean

a. the Canton;

b. the municipalities; and

c. other legal entities under cantonal and municipal public law.

d. *

Government Officials

1 Government officials are understood to include all members of authorities, employees, and teaching staff of a community, as well as all other natural persons who perform a public task on its behalf. *

2 It is irrelevant whether the government officials act in a full-time, principal, or part-time capacity, permanently or only temporarily, or pursuant to a public-law or private-law obligation.

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3 Self-employed notaries, with regard to their self-employed notarization and authentication activities, are not government officials within the meaning of Article 3 paragraph 1. They are liable under federal civil law. *

Exceptions

1 This Act does not apply if the public authority carries out commercial activities under private law and does not act in a sovereign capacity.

Reservation of Special Provisions

1 This Act does not apply to claims of an injured third party insofar as the liability of the public entity or its officials is governed by federal law and such federal law excludes liability under this Act.

2 The provisions of other cantonal laws remain reserved if they partially or completely exclude the application of this Act.

2bis Furthermore, other laws remain reserved which, in the fulfillment of public duties by mandated private law organizations, stipulate that these organizations or the mandating public entity are liable according to the State Liability Act. *

3 The Cantonal Council may, in intercantonal agreements, regulate the liability of public entities and their officials for damages arising from official activities differently, provided that the principles of this Act are observed. *

**2. Liability of the Public Entity Towards an Injured Third Party**

**2.1. Prerequisites**

Liability for Unlawful Conduct

1. The municipality shall be liable for the damage unlawfully caused by its

officials to a third party in their official capacity, irrespective of any fault

on the part of the officials.

2. If an order, judgment, or other decision of the municipality has

subsequently been amended in an appeal procedure, the municipality

shall only be liable if the original decision was grossly erroneous.

3. The injured third party shall have no claim against the defaulting officials.

Liability Arising from Lawful Conduct

1 If a third party suffers damage as a result of lawful official conduct, the public

entity is liable only to the extent provided by law.

2 If, however, an individual or a specific, identifiable group of persons suffers

unreasonable, severe damage as a result of a lawful official measure, the public

entity shall provide compensation ex aequo et bono.

Injury to Personal Relations

1. In the event of personal injury or death, if the circumstances justify it, the injured party or the relatives of the deceased are entitled to an appropriate sum of money as satisfaction.

2. If a person's personality is unlawfully injured in another way, they are likewise entitled to a sum of money as satisfaction, provided the severity of the injury justifies it and it has not been otherwise compensated.

3. Instead of or in addition to the payment of a sum of money, another form of satisfaction may also be granted.

Liability of Several Public Entities

1 If officials in the service of several public entities have caused damage to a third party, these public entities are jointly and severally liable if the official activity cannot be exclusively attributed to one of them.

2 The participating public entities shall bear the damage in proportion to their interests in the official activity.

Exclusion of Liability or Reduction of Compensation

1. The public body shall not be liable if an injured party has failed to pursue

the ordinary legal remedies available to him to oppose the damaging

act or omission, even though it was reasonable for him to do so.

2. If the injured party has consented to the damaging official activity or if

circumstances for which he is responsible have caused or exacerbated

the damage, the duty to compensate may be excluded or reduced.

3.

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2.2. Procedure

Assertion of Claim

1 The injured third party must assert their claims against the public entity

in writing within the deadlines specified in Article 15 with the following authorities

a. with the Government Council, when the claims are against the Canton,

subject to the claims under letter b;

b. with the Administrative Commission of the Courts, when the claims are against

the Canton due to the conduct of a member of a judicial authority or an

employee of the court administration;

c. with the competent executive body, when the claims are against a municipality,

an intermunicipal association, or another public law corporation;

d. * with the managing body of a legal person under public law, when the

claims are against such person.

2 The authority addressed must decide on the injured party's requests by

order within six months. This period can be extended with the injured party's

consent. *

Judicial Appeal *

1 The injured party may, within 30 days, file an appeal with the Administrative Court,

namely if the authority has wholly or partially disputed their claim or has not decided within the deadline (Art. 11 para. 2).

2 *

3 Appeals concerning decisions on claims directed against the Canton due to the conduct of members of the Administrative Court must be filed with the High Court. *

4 All deficiencies of the procedure and the contested decision, including unreasonableness, may be reviewed with the appeal. *

Notification and Joinder of Officials

1 As soon as an injured third party has asserted a claim against the community, the competent authority notifies the officials against whom a right of recourse may arise (Art. 17). The same applies if the injured party has filed an administrative appeal.

2 The officials are to be joined in the proceedings of the injured third party against the community.

3 In first-instance proceedings, the notification and joinder of officials may be delayed at the latest until after the submission of the statement by the affected authority, provided that this does not result in any disadvantage for them and they do not request joinder on their own initiative.

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Limited Review of the Legality of Decisions

1 The legality of a final decree, judgment, or other decision can no longer be reviewed in proceedings concerning the financial liability of the public entity.

Forfeiture of Claim

1 The injured third party forfeits their claim against the public entity if they do not assert it in accordance with Article 11 within the following periods

a. within one year from the day on which they became aware of the damage and of the public entity liable for compensation;

b. at the latest, however, within ten years from the day of the damaging event.

2 These periods for the forfeiture of the injured party's claim are suspended for the duration of criminal, disciplinary, or administrative proceedings conducted against public officials based on the same facts.

3. Liability of Public Officials towards the Public Entity

3.1. Prerequisites

Liability for Directly Caused Damage

1 Public officials are liable to the community for damage caused to it by an intentional or grossly negligent breach of official duties.

Recourse by the Public Entity Following Damage to a Third Party

1. If public officials have caused damage to a third party through an intentional or grossly negligent breach of official duties, and the public entity has paid compensation and, where applicable, moral damages to the third party based on this or another law, then the public entity has recourse against the public officials.

Liability of Several Officials

1 If several officials have jointly caused damage, they are liable to the community jointly and severally in case of intent, and proportionally according to the extent of their individual fault in case of gross negligence.

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Liability of Outgoing Officeholders

1. Officeholders can still be held accountable even after the dissolution of their service or other legal relationship with the community or after a non-re-election.

3.2. Procedure

Claim for Damages or Recourse Claim

1 The decision regarding a claim for damages or a recourse claim lies with

a. the Cantonal Council, when the claims are against members of the Cantonal Council, the Government Council, the Cantonal Court, the Higher Court, or the Administrative Court;

b. the Government Council, for claims against officials of the canton or a cantonal public-law corporation or institution who are under its direction or supervision;

c. the Administrative Commission of the Courts, for claims against officials subordinate to the courts;

d. the Executive Board of a municipality, a municipal special-purpose association, or another public-law municipal corporation, when the claims are against members of the Executive Board or against officials under its direction or supervision;

e. the governing body of a public-law legal entity, for claims against officials of that legal entity.

2 If the decision lies with the Cantonal Council, a commission shall first clarify the matter and report on the findings. The Cantonal Council shall decide on the claim by secret ballot.

Judicial Appeal *

1 Affected officials may appeal a decision regarding a claim for damages or recourse

within 30 days, in accordance with Articles 105 et seq. of the

Administrative Justice Act, to the Administrative Court.

2 Appeals concerning decisions on claims against members of the Administrative

Court must be lodged with the High Court. *

3 The appeal may challenge all defects of the procedure and the contested

decision, including its inappropriateness. *

2) GS III G/1

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Forfeiture of claims for damages and recourse

1. The claim of the public entity for compensation for direct damage (Art. 16) lapses after one year from the day on which the competent body became aware of the damage and its perpetrator, but at the latest after ten years from the day of the harmful conduct of the officials.

2. The claim of the public entity for compensation for third-party damage (Art. 17) lapses after one year from the day on which the public entity acknowledged its obligation to compensate the third party or on which it was legally sentenced to compensation, but at the latest after ten years from the day of the harmful conduct of the officials.

3. These periods for the forfeiture of the public entity's claim are suspended during the duration of criminal, disciplinary, or administrative proceedings conducted on the basis of the same facts. *

4. Indemnification of officials *

Prerequisites

1. If an official is personally liable for representing a public entity in an organization, the public entity shall indemnify the official, provided the official did not cause the damage intentionally or through gross negligence.

2. The official must immediately notify the public entity of any claim for damages made against them and provide the necessary information. If the official fails to comply with this obligation or does so defectively, the public entity may refuse indemnification in whole or in part.

* Procedure, Forfeiture, Right of Appeal

¹ For the assertion of indemnification and the decision thereon, Article 11 applies mutatis mutandis. The claim for indemnification is forfeited if it is not asserted within one year from the recognition or judicial determination of the liability for damages with the authority competent according to Article 11.

² The public official may appeal the decision of the competent authority to the Administrative Court within 30 days.

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5. Supplementary Law

1 Where this Act contains no substantive provisions, the provisions of the Code of Obligations are applicable, in particular concerning the calculation of damages and the determination of compensation.

2 Where this Act contains no special procedural provisions, the provisions of the Administrative Procedure Act apply, in particular regarding procedural costs and the right to free legal aid.

6. Concluding and Transitional Provisions *

Art. 24 Repeal and Amendment of Existing Law

¹ Upon the entry into force of this Act, the following laws are amended:3)

1. Mit dem Inkrafttreten dieses Gesetzes werden die folgenden Gesetze geändert:[[3]](#paragraphtext_content_fn_214239_2_3_c)

Transitional Law

1 This Act shall also apply to liability for damage caused before its entry

into force (Art. 27), unless the claim of the injured third party or the public

body is already the subject of legal proceedings or has become statute-

barred or forfeited under previous law.

2 If, however, the commencement of the one-year period under Article 15 paragraph 1 or

Article 22 paragraphs 1 and 2 falls before the date of entry into force

of this Act, it shall be postponed to that date.

3 Pending requests from injured third parties shall be referred to the authorities

competent under Article 11 for resolution. These authorities shall, if necessary, set

a deadline for the applicants to substantiate their claim and shall invite

the interested officeholders.

* Transitional Provision to Chapter Four

1 The claim for indemnification in accordance with Article 22a can also be asserted for liabilities of officials caused before its entry into force, but only insofar as the recognition or judicial determination of the liability for damages occurred no more than one year before the entry into force of Chapter Four. For the assertion of claims, Article 25 paragraph 2 shall apply mutatis mutandis.

3) The amendments have been inserted into the affected enactments.

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## Enforcement

1 The enforcement of this Act is incumbent upon the Government Council.

2 It may provide that the preliminary assessment of claims against the Canton be transferred to the Cantonal Property Insurance, private insurers, or other specialists.

3 It shall regulate the issues arising from the dissolution of the Glarner Amtsbürgschaftsgenossenschaft.

Entry into Force

1 This Act enters into force on 1 January 1992.

2 However, Article 12 paragraph 3 and Article 21 paragraphs 2 and 3 shall only enter into force after

their approval by the Federal Assembly.4)

4) Federal Decree on the approval: 17 December 1992

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