Municipalities Act of the Canton of Graubünden (GG) - Scope and Applicability (GG)
Table of Provisions (113)
Statutory Text (113 Provisions)
1. This law applies to the political municipalities. It applies mutatis mutandis to the civic municipalities, the regions, and the municipal associations, unless the law explicitly provides otherwise.
2. It regulates the basic principles of organization, task fulfillment, cooperation, and the merger of municipalities as well as the cantonal supervision.
1. Municipalities are public-law territorial corporations with their own legal personality.
1. Municipalities shall regulate their affairs independently within the framework of the superior law. Cantonal law shall grant them the widest possible scope of action.
2. Within this framework, the municipality shall have the right to legislate and administer.
1. The division of the municipal territory into districts serves exclusively for geographical designation.
1. Municipalities regulate the fundamental aspects of their organization and the competencies of their bodies within the municipal constitution, which includes, among other things, financial powers.
2. Important provisions are enacted in the form of a law, while less important ones are issued as regulations.
3. The enactments are published officially.
4. Municipalities maintain their enactments in an appropriate manner within a publicly accessible collection.
1. Municipalities shall periodically and appropriately inform the public about matters of general interest.
2. If the municipalities implement the principle of public access, the provisions of the Public Access to Information Act shall apply, unless otherwise provided.
1. Liability of Municipal Bodies and Other Persons Employed by the Municipalities for Damage Caused in the Exercise of Their Official Duties
The liability of municipal bodies and other persons employed by the municipalities for damage they cause in the exercise of their official duties is governed by the Law on State Liability.
1. Municipalities may threaten fines for violations of their ordinances. Reserved are the penal provisions of the canton and the federal government.
2. Fines may only be imposed based on an explicit legal threat of punishment.
3. The general provisions applicable to cantonal criminal law shall similarly apply to the penal provisions of the municipalities.
4. The procedure shall be governed by the Introductory Act to the Swiss Code of Criminal Procedure.
1. Municipalities have the right to organizational autonomy within the framework of superior law.
1. Mandatory Bodies of the Municipalities consist of the entirety of eligible voters, the municipal council, and the audit committee. Cantonal special legislation and the municipalities may provide for additional municipal bodies.
2. The municipalities may replace or supplement the municipal assembly with a municipal parliament.
3. In municipalities without a municipal parliament, the municipal council submits matters to the eligible voters for decision-making; in municipalities with a municipal parliament, the parliament submits such matters.
1. The municipal bodies maintain separate records, which must at least provide information on the resolutions, the results of elections, and any objections related to violations of jurisdiction and procedural regulations. These records must be signed by the recorder and, after explicit or implicit approval, by the chairperson.
2. The record of the municipal assembly must be published in a customary local manner no later than one month after the assembly. The publication of records in electronic media is permitted, subject to data protection regulations.
3. Objections to the record of the municipal assembly must be submitted in writing to the municipal board within a 30-day publication period. These objections will be addressed at the next municipal assembly, and the record will subsequently be approved.
1. The minutes of public municipal meetings and public sessions of the municipal council are open for inspection by anyone.
2. In the absence of contrary municipal legislation, access to the minutes of the municipal board and other municipal authorities is only granted if legitimate interests worthy of protection can be asserted.
3. The right to inspect may be fulfilled by providing an excerpt of the minutes.
**1. The eligible voters collectively form the highest authority of the municipality.**
2. They exercise their rights in accordance with the constitution in the municipal assembly or at the ballot box.
3. The eligibility to vote in municipal matters is determined by the constitution of the Canton of Graubünden and by the law on political rights in the Canton of Graubünden.
4. The municipalities can decide if, under what conditions, and to what extent they want to introduce voting and election rights for Swiss citizens residing abroad and for foreign nationals in municipal matters.
1. In municipalities without a municipal parliament, the following powers may not be withdrawn from the eligible voters
a) Election of the municipal board and the audit commission;
b) Issuance and amendment of the municipal constitution and municipal laws;
c) Approval of the budget and the annual financial statement as well as the determination of the tax rate;
d) Resolution on the formation of a municipal association or on joining or withdrawing from one;
e) Resolution on the merger with other municipalities;
f) Further powers according to cantonal special legislation.
1. In municipalities with a municipal parliament, the following powers may not be withdrawn from the eligible voters
a) Election of the municipal parliament and the municipal executive board;
b) Enactment and amendment of the municipal constitution;
c) Resolution on the formation of a municipal association or on joining or withdrawing from it;
d) Resolution on the merger with other municipalities;
e) Further powers according to cantonal special legislation.
2. The municipalities shall determine that the other matters reserved for eligible voters pursuant to Article 14 are subject to either the optional or mandatory referendum.
1. Political rights in the municipality are guaranteed in accordance with the municipal constitution and the law on political rights in the canton of Graubünden.
2. In municipalities with a municipal assembly, any eligible voter may request information from the board about the status or resolution of a municipal matter. The information must be provided no later than at the next municipal assembly. It can be postponed or withheld if significant interests of the municipality or third parties oppose it.
3. The right of initiative for eligible voters exists for matters that are subject to mandatory or optional referendum.
1. The municipalities regulate the voting and election procedure within the framework of the superior law themselves. Subsidiarily, the provisions of the Law on Political Rights in the Canton of Graubünden apply.
1. Municipalities may conduct consultative votes.
2. The procedure follows the ordinary voting procedure.
1. A resolution of the municipal assembly or the ballot vote may be submitted for reconsideration at any time. The rights of third parties remain reserved.
2. Reconsideration before the expiration of one year from the entry into force of a resolution shall only be undertaken if it is decided by a two-thirds majority of the voters at the time of the decision-making on the matter.
1. The municipal constitution specifies the matters that are subject to a popular vote.
2. Except for elections, the matters subject to a popular vote must be preliminarily considered by the municipal assembly or the municipal parliament and, along with a voting recommendation, must be approved for submission to the popular vote.
1. Every properly convened municipal assembly is capable of making resolutions.
2. Resolutions may only be made on agenda items that are listed on the agenda published at least ten days prior to the municipal assembly.
3. Violations of jurisdiction and procedural provisions must be immediately objected to if reasonably possible. Otherwise, the right to appeal is forfeited.
1. Municipal meetings are open to the public.
2. The municipal meeting decides on the admissibility of video and audio recordings or broadcasts. Every eligible voter can request that their statements and votes not be recorded.
3. The exclusion of non-voting individuals is mandated if overriding public or private interests in specific matters require it.
4. The reasons for recusal applicable to authorities do not apply to participants of the municipal meeting.
1. The Municipal Constitution specifically determines the number of members and the powers of the Municipal Parliament.
1. The sessions of the municipal parliament are public. The complete or partial exclusion of the public is ordered if overriding public or private interests in individual matters require it.
1. Every eligible voter can be elected to a municipal authority.
2. Eligible for election to the municipal executive and the municipal parliament are individuals who, at the latest, have their residence in the municipality at the time of the elections. This residence must be maintained for the entire duration of their term of office.
3. Municipal law may require residency within the municipality for election to a commission with an advisory function.
1. If a vacancy arises due to the departure of an officeholder during the current term of office, a by-election must be held for the remainder of the term, provided that the next regular election does not take place within the next nine months. The same provisions apply to the by-election as to the regular elections.
2. If the conditions for conducting a by-election are not met, any deputy shall participate in the proceedings of the authority in place of the departed ordinary member.
1. If a person is elected to various offices that are mutually exclusive, they must decide for one office or the other.
2. If grounds for exclusion as per Article 32 are present, the individual who receives more votes is elected in the event of a simultaneous election. If the candidates receive an equal number of votes, the decision is made by drawing lots.
3. If one of the persons between whom there exists a ground for exclusion as per Article 32 is elected and the other is already in office, without the simultaneous re-election of the second person taking place following the election of the first person, the election is invalid.
1. Subject to excusable reasons, the members of authorities are obligated to attend the meetings.
2. An authority is quorate when at least the majority of its members are present and entitled to vote.
1. In votes and elections within small decision-making bodies, such as authorities or commissions, each member is obliged to cast a vote. The provisions concerning recusal are reserved.
1. The negotiations of authorities are not open to the public.
1. An employee of the municipality shall not belong to the authority to which they are directly subordinate. If the municipality does not determine the relevant level of employment for this purpose, any employment shall be considered a ground for incompatibility.
2. Members of the municipal executive board and municipal employees within the meaning of Paragraph 1 cannot belong to the audit commission.
3. The municipal constitution may provide for additional grounds for incompatibility.
1. Relatives and in-laws in the direct line, siblings, spouses, and individuals living together in a registered partnership or de facto cohabitation may not simultaneously belong to the same municipal authority.
2. The same grounds for exclusion apply to the simultaneous holding of seats on the municipal board and in the business audit commission.
3. The municipal constitution may provide for additional grounds for exclusion.
1. Members of a municipal authority must recuse themselves from handling a matter if they or a person related to them in the sense of Article 32 have a direct personal interest in the matter.
2. Members of the Audit Commission must recuse themselves from auditing the accounts and management of an authority or office to which a person related to them in the sense of Article 32 belongs.
3. In the field of judicial administration, recusal is governed by the provisions of the Administrative Justice Act.
1. Members of authorities, as well as municipal employees and private individuals who perform public duties, are obligated to maintain confidentiality regarding matters they have become aware of in their official or professional capacity, to the extent that there is a predominant public or private interest in confidentiality or if a specific provision so requires.
2. The decision to lift the duty of confidentiality of a member of the board is made by the municipal board, with the member concerned abstaining. For other persons subject to the duty of confidentiality, the decision is made by the authority to which they report.
1. The Municipal Board is the governing authority of the municipality. It plans and coordinates its activities.
2. It directs and supervises the municipal administration.
1. The municipal board consists of at least three members. With the exception of the mayor, it constitutes itself.
2. It must organize administrative activities according to appropriate organizational principles.
1. The Municipal Executive Board fulfills all tasks that are not assigned to another body by superior law or by the law of the municipality.
2. The Municipal Executive Board may issue regulations.
3. If the law of the municipality must be adjusted to superior law and the municipality has no discretion in this matter, the Municipal Executive Board may decide on the amendment using its own authority.
4. The Municipal Executive Board may only delegate the decision over an authority entitled to it to a superior body if this is found to be indispensable due to objective reasons and an extraordinary situation.
1. The municipal board is responsible for reviewing all matters that need to be submitted to the municipal assembly or, where applicable, the municipal parliament, and making the necessary proposals.
2. For matters of greater significance for the municipality, the municipal board prepares a report for the eligible voters or the municipal parliament and delivers it to them in a timely manner or publishes it in an appropriate way.
1. The municipal council represents the municipality externally.
2. As a rule, the mayor or the municipal president together with another board member or the municipal clerk signs legally binding documents for matters within the municipal council's scope of authority.
3. In the absence of contrary municipal regulations, other municipal authorities may designate their representation for issuing legally effective declarations to third parties themselves.
1. Powers that ordinarily belong to the executive board may be transferred to specific authorities or commissions through a municipal constitution or municipal law.
2. The duties, responsibilities, and organization of permanent commissions are regulated by a decree of the municipality, provided no superior regulations exist.
3. The ordinary municipal bodies may establish non-permanent commissions for the handling of individual matters falling within their respective jurisdiction, provided no superior regulations exist.
1. The Audit Commission consists of at least three members.
2. In municipalities with a municipal parliament, the members of the Audit Commission can belong to it.
3. The Audit Commission shall designate a president from among its members.
1. The Audit Commission examines the accounting and management of the municipality for compliance with the law at the latest after each annual financial statement. It provides the municipality with a written report and submits an application.
2. In addition to the Audit Commission, the municipality may entrust experts with the accounting and management audit.
1. For the conduct of extraordinary audits, the Audit Commission may engage experts.
2. Particularly in transactions with financial implications, the Municipal Council may consult the Audit Commission for advice.
1. Subject to the recognized ownership of the citizen's community or other public-law property holders, the municipal assets are owned by the political municipality.
1. The use assets consist of alpine pastures, commons, forests, communal lands, communal utilization rights, and rights to timber and grazing.
2. The individuals entitled to use are the residents of the municipality.
3. The municipalities may enact further regulations on utilization rights that are adapted to their circumstances.
1. Real properties that belong to the municipality's usufruct assets shall not be sold if doing so would significantly restrict the entirety of public uses of the same kind.
2. Exemptions from this restriction are sales for the fulfillment of public tasks or for the execution of projects that are in the public interest.
3. The proceeds from the sale of usufruct assets shall be allocated to a land proceeds account, which is generally intended for the acquisition of real replacements and for the improvement of alpine pastures, meadows, and community farms.
4. Withdrawals from the land proceeds account of funds that originate from sales of usufruct assets of the civic community or from usufruct assets that already belonged to the municipality’s usufruct assets as of September 1, 1874, may only be made based on a consistent resolution by the competent bodies of both the political and civic communities.
5. The land proceeds account is managed by the political municipality.
6. The establishment of building rights, source rights, or other real or personal usufruct rights lasting 30 years or more is equated with a sale.
1. The management of the budget and the accounting shall be governed by the principles of the Law on the Financial Budget of the Canton of Grisons and the Financial Budget Ordinance for the Municipalities.
2. By the end of September of the following year at the latest, the annual financial statement approved by the municipal assembly or by the parliament, along with the report from the Audit Commission, must be submitted to the department.
1. The municipalities fulfill the tasks assigned to them, as well as all local matters that are not regulated, or not definitively regulated, by cantonal law and that do not fall within the competence of the citizens' commune.
1. The municipalities undertake self-selected tasks through an ordinance or resolution passed by the competent municipal body.
2. If the fulfillment of tasks interferes with the legal status of the residents, the assumption of such tasks requires a formal legal basis.
1. The municipalities carry out their tasks themselves.
2. They can, as a rule, also transfer the fulfillment of tasks to third parties by decree or contract and establish or participate in organizations of public and private law.
3. The basis for transfer specifically 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, the organization.
1. Outsourced sponsorships and the fulfillment of their tasks are under the supervision of the municipality.
1. For the fulfillment of specific tasks, municipalities may cooperate in the form of public-law agreements with or without legal personality or in the form of private-law municipal associations.
1. Cooperation requires a legal basis between the municipalities, which specifically governs the following
a) the participating municipalities;
b) the legal form of collaboration;
c) the type and scope of the joint task;
d) the financing and distribution of costs;
e) the dissolution or termination of the cooperation.
2. The legal basis for the municipal association and the joint institution also governs their organization.
3. The legal basis adequately ensures the political participation rights of the participating municipalities or their eligible voters.
1. Insofar as important public interests require it, the government may obligate municipalities to collaborate in accordance with Article 52 or to continue such collaboration.
2. If the collaboration requires it, the municipalities shall submit a collaboration agreement within a set deadline. If they cannot reach an agreement, the contract will be drafted and decided upon by the government.
3. The right of municipalities to be heard is guaranteed.
4. The decision of the government is final.
1. The municipal association serves the fulfillment of a municipal task.
2. It is a public-law corporation with its own legal personality.
3. It obtains legal personality upon the adoption of the statutes by the eligible voters of the member municipalities.
1. The municipal association assumes the role of the affiliated municipalities to the extent of its assigned tasks, and holds their rights and responsibilities in this area.
2. It may levy fees and charges for the undertaken tasks and claim any applicable subsidies.
1. The Municipal Association shall comprise at least the following bodies
a) the eligible voters of the member municipalities;
b) the association board;
c) the audit commission.
1. The statutes of the association govern the fundamental principles of cooperation among the participating municipalities.
2. In addition to the regulatory areas required by Article 53, the statutes particularly include provisions on
a) the name, the seat, and the purpose of the association;
b) the organs of the association and their competencies;
c) the participation rights of the member municipalities and the eligible voters, particularly concerning their expenditure powers;
d) the entry and exit of municipalities;
e) the liability of a municipality after its exit;
f) the dissolution of the association, the use of its assets, and the settlement of debts.
3. The member municipalities decide on the statutes according to the relevant procedure of their municipal constitution.
4. Changes to the statutes regarding the association's purpose and responsibilities require the consent of all member municipalities.
1. If municipalities perform a task in the form of a joint institution, the requirements for the basis of transfer are governed by Article 50.
1. Within the scope of cross-border intermunicipal cooperation, municipalities are authorized to enter into contracts on local matters with neighboring municipalities from other cantons and foreign countries. These contracts must be submitted to the government for their information.
1. Municipalities may merge.
2. The canton promotes the merging of municipalities through material and immaterial assistance.
3. After consulting the municipalities, the government defines areas for support. These are based on criteria for the formation of strong municipalities.
1. The municipal assembly or the municipal parliament can authorize the municipal board to commence negotiations concerning a merger with other municipalities. The municipal board may also initiate such negotiations on its own accord.
2. If a municipality is permanently experiencing financial, personnel, or organizational difficulties, it can be required by the government to initiate such negotiations with municipalities in the promotion area.
1. The basis for the vote on the merger is a written merger agreement.
2. This requires approval by the government, which examines its legality. The decision of the government is final.
1. The Merger Agreement Specifically Regulates
a) the participating municipalities;
b) the name and the coat of arms;
c) the principles of the future municipal organization;
d) the affiliation of the new municipality to the region and electoral district;
e) the composition of a transitional board;
f) the responsibilities for drafting and enacting the future constitution and any other legal bases;
g) any potential quorum;
h) the date of the merger.
1. The executive boards of the participating municipalities shall explain the voting procedure and the content of the vote to the electorate in a written message.
2. The respective municipal law applies to the votes in the individual municipalities.
1. The government may order a vote on a merger agreement in a municipality if its participation within the funding area appears necessary for the formation of a new municipality.
1. Upon the enactment of the amalgamation agreement, the transitional board shall be responsible for the preparatory and coordinating tasks of the merged municipality.
2. Upon the enactment of the amalgamation agreement, the eligible voters of the former municipalities shall constitute the voting body for matters concerning the merged municipality.
3. Prior to the enactment of the amalgamation, at least a constitution and a tax law for the new municipality must be enacted, unless the amalgamation agreement stipulates the adoption of the existing law.
1. The adjustment of provisions of the merger agreement is, unless otherwise stipulated, generally possible at the earliest 15 years after the merger has taken effect through the ordinary municipal legislative process.
2. Provisions of the merger agreement designed to serve minority protection can, unless otherwise stipulated, generally be adjusted at the earliest after 15 years with a qualified majority of two-thirds of the voters. After a period of 25 years, the adjustment is possible with a simple majority.
3. Provisions deviating from the merger agreement require government approval before the expiration of the deadlines.
1. The merged municipality is the legal successor of the municipalities that are merging. It assumes the rights and obligations as well as the assets and liabilities of all previous municipalities.
2. The merged municipality replaces the previous municipalities in relation to other public legal entities or private parties to the extent of the existing regulations.
1. The forms of inter-municipal cooperation between the municipalities that are merging are dissolved automatically at the time the merger comes into effect.
2. Legal enactments of inter-municipal cooperation, which remain necessary for the fulfillment of the municipal tasks of the merged municipality, shall transition into municipal law.
3. Even without an explicit provision in the relevant legal bases, a municipality may, in the event of a municipal merger, withdraw from the inter-municipal cooperation with a notice period of at least three months prior to the merger taking effect.
1. Should two or more municipalities merge, and if at least one of them has a civic community, the merged municipality shall also possess such a civic community, unless all civic communities have been dissolved before the merger.
2. Citizenship is determined by the political municipality. Persons holding citizenship of the merging municipalities shall receive the citizenship of the new political municipality.
3. Within three years following the entry into force of the merger, they may request, upon payment of a fee, that the name of a former home municipality be recorded in the civil status register in parentheses behind the new citizenship as an indication of origin.
1. The Grand Council may order the merger of a municipality with one or more municipalities if
a) a municipality is permanently unable to meet legal requirements and fulfill its duties due to a small number of inhabitants or insufficient personnel or financial resources;
b) the participation of dissenting municipalities is indispensable for the delineation or fulfillment of tasks of a new municipality, provided a majority of the other affected municipalities have agreed to the merger.
2. The indispensability pursuant to paragraph 1, letter b is assessed particularly based on geography, spatial development, territory, economic development, the functionality of services, as well as the municipality's contribution in terms of personnel and financial resources.
3. The procedure is initiated upon the request of the transitional board of the merging municipalities or by order of the government.
4. The affected municipalities shall be consulted beforehand.
5. The decision of the Grand Council is final.
1. The merger comes into effect by a resolution of the Grand Council. The resolution is final.
1. Municipalities may agree on changes to their municipal boundaries. The agreements require approval by the government to be valid.
1. Municipalities, civic communities, regions, as well as the entities responsible for intercommunal cooperation within the meaning of Article 52 are subject to cantonal supervision.
2. Municipalities are obligated to cooperate in the supervision process.
1. If irregularities are identified in a municipality, the competent municipal authority shall initiate the necessary clarifications and take the requisite measures.
1. The cantonal supervision is exercised by
a) the government;
b) the departments.
2. The specialized supervision is governed by specific statutory regulations.
1. The competent cantonal authority shall conduct further investigations upon regulatory notification or ex officio if
a) there is a reasonable suspicion that the proper administration is seriously disrupted or endangered by illegal actions of the municipal bodies or in some other way; and
b) the municipality does not resolve the matter itself in accordance with Article 76.
1. In addition to the measures provided for in the cantonal special legislation, the competent cantonal supervisory authority may, in particular
a) issue directives;
b) annul unlawful resolutions of municipal bodies, if this is essential;
c) undertake substitute performance.
2. In cases of serious breaches of official duty or repeated refusal to comply with orders from the cantonal supervisory authorities, the government may remove members of municipal authorities from office.
3. The government may issue its orders to municipal authorities with reference to the penalty threat of Article 292 of the Swiss Criminal Code.
1. The enactment and amendment of the municipal constitution are subject to declaratory approval by the government.
2. The approval of other municipal enactments is governed by the provisions of the respective special legislation.
3. The approval does not preclude the challenge of a regulation by complaint.
1. The government assigns the department financial oversight over the municipalities.
2. As part of the financial oversight, it is specifically examined whether the principles of budget management and accounting in accordance with the Law on Financial Management of the Canton of Graubünden and the Financial Management Ordinance for the Municipalities are being complied with.
3. If these principles are not adhered to, the department orders the necessary investigations and proposes the necessary measures to the government.
1. The supervisory authority intervenes particularly in the following instances
a) indebtedness has reached a critical level or is about to reach such a level;
b) a balance sheet deficit is reported or is to be feared due to the negative trend in self-financing;
c) the principles of budget management and accounting are significantly disregarded.
2. Municipalities planning one-time or recurring expenditures or revenue waivers that could lead to an increase in indebtedness to a critical level must report these in advance to the supervisory authority.
1. Based on the outcome of a financial assessment, the government may place a municipality, a citizen's community, a region, or a municipal association under special financial supervision.
2. The imposition occurs in three different levels of intervention
a) Consultation and assistance;
b) Assistance with expanded supervisory powers, including the approval of decisions with significant financial implications;
c) Curatorship.
3. The government establishes the criteria and measures for each level of intervention.
1. The government may, on its own initiative or at the request of the municipality, appoint a government commissioner to exercise control measures, amicably resolve disputes, restore disturbed order, clarify disputed facts, and support and advise municipal authorities in handling difficult matters.
2. If a municipal authority is unable to make decisions or act in a specific case, the government commissioner may, within their own competence, make a decision on behalf of the municipal authority or with their cooperation.
3. The costs are generally to be borne by the municipality.
4. The provisions of the law on state liability remain reserved.
1. If the proper administration of a municipality is not ensured in another manner, the government may place the municipality under temporary administration and appoint a curator or a curatorship commission for this purpose.
2. The government may also restrict the administration to specific areas of municipal administration or to the powers of individual municipal bodies or authorities.
3. Upon the imposition of administration, the powers of the municipal bodies or authorities are transferred to the curator or the curatorship commission.
4. The municipality must reimburse the costs of the administration to the canton.
1. The public corporation is a body of public law.
2. If there is no public corporation, the political municipality shall fulfill its tasks.
3. The establishment of new public corporations is prohibited.
1. Organs of the Citizen Community are the citizens who exercise their rights at the citizens' assembly or at the ballot, the citizens' board consisting of at least three members, and the audit committee.
2. The Citizen Community convenes a citizens' assembly at least once a year.
1. The citizen municipality shall regulate the basic principles of its organization in the statutes.
2. The statutes, as well as any amendments thereto, require declaratory approval by the Department. The decision of the Department is final.
1. The ownership is vested in the Citizen Municipality
a) in the properties and institutions serving the civic social assistance, provided that the Citizen Municipality performs the tasks of civic social assistance itself or makes appropriate contributions to the political municipality;
b) in the properties for which it is registered as the owner in the federal land register;
c) in the properties for which it has otherwise legally sufficient ownership status;
d) in the properties distributed by it as a Citizen Resolver until September 1, 1874.
2. The civic property serves exclusively the fulfillment of tasks in the public interest. Any distribution or allocation of revenue or assets to the members of the Citizen Municipalities is excluded, with the exception of benefits in kind of negligible value.
3. The transfer of assets of the Citizen Municipality to other legal entities than the political municipality is not permissible.
1. The municipal community decides on
a) the granting of municipal citizenship rights;
b) the management of its assets;
c) the approval for the withdrawal of funds from the land sales account;
d) unification with the political municipality.
2. Within its means, it is committed to the welfare of the general public.
1. The municipal communities are required to provide an annual account of their entire financial budget.
2. By the end of September of the year following the fiscal year, the approved annual financial statement and the report of the audit commission must be submitted to the department.
1. The regions serve the effective fulfillment of the tasks of the associated municipalities.
2. They furthermore perform the tasks assigned to them by the canton in accordance with special legislation.
3. The decisions of the regions are binding.
1. The regions, within the scope of the tasks assigned to them, shall take the place of the respective municipalities or the canton, including the right to levy fees and contributions and to claim any subsidies.
1. The transfer of tasks by the municipalities to the region occurs through a service agreement, which exclusively binds the respective municipalities. The competence is determined according to the respective financial powers.
2. The region and the municipalities regulate the conditions for the reassumption of a transferred task.
1. Regions may jointly perform the tasks assigned to them. In the absence of a consensual solution, the region with the largest population shall be responsible for the respective organization and is to be adequately compensated for this.
2. The details shall be regulated by means of a service agreement.
3. In the case of supra-regional tasks, the region may involve or consult the neighboring region or individual municipalities. The regions or municipalities that are involved or consulted shall not have voting rights.
1. The organs of the region are
a) the entirety of region residents entitled to vote;
b) the president’s conference;
c) the regional committee;
d) the audit commission.
2. Where circumstances justify, the appointment of a regional committee may be waived.
3. In regions without a regional committee, its duties are assumed by the president’s conference or delegated by it to the office, provided they involve mere administrative activities.
1. The entirety of the voting-eligible residents of the region constitutes the highest authority of the region.
2. Its responsibilities include, in particular, the following tasks
a) Enactment and amendment of the statutes, which among other things contain the personnel law applicable to the employees;
b) Decision on proposals against which a facultative referendum has been successful;
c) Decision on proposals and matters presented for decision by the conference of presidents;
d) Decision on initiatives within the scope of responsibility;
e) Decision on expenditures exceeding the authority of other bodies, whereby the statutes may provide for a facultative referendum.
3. Amendments to the statutes concerning the purpose and tasks of the region require the approval of the majority of municipalities.
4. For other decree and resolutions, the majority of the voters is required.
1. In the conference of presidents, the presidents of the regional municipalities or another member of the municipal executive board take a seat. In the event of their inability to attend, they may be represented by another member of the municipal executive board.
2. In regions with fewer than five regional municipalities, at least one additional member of the municipal executive board also takes a seat. Voting is conducted by the municipal president or, where they do not take a seat, by another board member.
3. The municipal executive board can issue binding instructions to the municipal representative.
4. The conference of presidents elects a chairperson and their deputy from among its members.
1. The President's Conference is essentially responsible for the following tasks
a) Election of the Regional Committee, unless the appointment of such is waived;
b) Election of the Audit Committee;
c) Issuance of implementation regulations for the fulfillment of the assigned tasks;
d) Approval of the budget, the annual accounts, and the commitment credits;
e) Decision on discretionary, one-time, and recurring expenditures in accordance with the regulations in the region's statutes.
2. The President's Conference holds all powers that are not assigned to another body by federal or cantonal law or by the law of the region.
1. Any properly convened conference of presidents is quorate.
2. In elections and votes, the majority of represented votes decides. In the event of a tie, lots are drawn in elections, whereas the subject matter is considered rejected in votes.
3. In elections and votes, each municipality with up to one thousand inhabitants has one vote. For every additional thousand inhabitants or a fraction thereof, the municipality receives an additional vote. A single municipality may not have more votes than the total of the remaining municipalities.
4. If a region is repeatedly deadlocked on a matter that necessarily requires regulation, it may request support from the government. Any decision made by the government is final.
1. The Conference of Presidents elects a Regional Committee from among its members, unless it is decided to forego the appointment of such a committee.
2. Generally, only one member from the same municipality serves on the Regional Committee.
3. The Chairperson of the Conference of Presidents serves by virtue of their office and leads the Regional Committee.
1. The Regional Committee is the administrative authority of the region. Its primary responsibilities include
a) Election of the office, other office personnel, and additional regional personnel in accordance with the statutes;
b) Representation of the region externally;
c) Preparation of affairs for the President's Conference with appropriate recommendations.
2. The statutes of the region regulate the further responsibilities of the Regional Committee.
1. The Regional Committee is quorate when the majority of its members are present.
2. Resolutions are passed by a show of hands. Subject to reasons for abstention, each member is obliged to vote.
3. In the event of a tie, elections are decided by drawing lots, while in votes, the chairperson casts the deciding vote.
1. The Audit Commission consists of three members from the audit commissions of the regional municipalities, with no more than one member belonging to the same audit commission.
2. The term of office is four years. The maximum term duration is twelve years.
3. The Audit Commission examines the accounting and management of the region to the conference of presidents after each annual financial statement at the latest. The audit report must be published in an appropriate manner in the regional municipalities.
4. With the agreement of the regional committee, the financial audit can be assigned to private experts.
1. The political rights of all eligible voters residing in the region are guaranteed.
2. At least one tenth of the eligible voters residing in the region or one quarter of the municipalities within the region's territory may request a vote on a matter within their jurisdiction.
3. At least one tenth of the eligible voters residing in the region may request a vote on decisions of the President's Conference that are subject to a referendum.
4. The procedure is subsidiarily governed by the provisions of the Law on Political Rights in the Canton of Graubünden.
1. The region must account for its entire financial budget and submit an annual report on its activities by the end of September of the following year at the latest. The annual report is publicly accessible.
2. After the end of the fiscal year, the annual financial statement and the annual report must be submitted to the department by the end of September of the following year at the latest.
1. The financing of the region and the municipal contributions are regulated in the regional statutes, as is the liability of the municipalities for the obligations of the region.
1. The statutes of the region, as well as any subsequent amendments, shall be submitted to the government for approval, which will review them for legality.
1. For the adaptation of municipal law to Article 26 Paragraph 1, Article 32 Paragraph 2, and Article 41 Paragraph 1 of the present law, municipalities are granted a deadline until December 31, 2022.
1. Existing factions may remain in existence.
2. For the duration of their existence, the provisions of the Municipal Law of the Canton of Graubünden of April 28, 1974 (as of January 1, 2017), which are applicable to them, continue to apply.
3. If a faction is dissolved, its assets shall fall to the political municipality. Asset transfers are not permitted.
1. Existing civil cooperatives and civil corporations may continue to exist.
2. For the duration of their existence, the provisions of the Municipal Law of the Canton of Graubünden dated April 28, 1974 (as of January 1, 2017) applicable to them shall continue to apply.
3. If the civil cooperative or civil corporation dissolves, its assets shall fall to the political municipality.
1. During the transitional period referred to in Article 109, Article 80 of the Municipal Law of the Canton of Graubünden of April 28, 1974 (as of January 1, 2017) shall continue to apply to the use of a reserve fund for citizens' redress.
2. Any reserve fund that may still exist thereafter shall be added to the equity of the citizens' community.
1. Persons holding municipal citizenship from municipalities that merged prior to the entry into force of the Citizenship Law of the Canton of Graubünden dated June 13, 2017, may apply, for a fee, within three years from the entry into force of the Citizenship Law of the Canton of Graubünden, to have their municipal citizenship recorded in the civil status register according to the new law.