Ordinance on Municipal Supervision - General Supervision

1. The Department Secretariat of the Department of Justice and Security exercises general supervision as an office in accordance with § 102 paragraph 1 of the Municipal Law dated May 4, 2004.

1. The Department Secretariat of the Finance Department exercises financial supervision as a service unit in accordance with Section 102, paragraph 2 of the Municipal Act.

1. The person designated by the Department Secretariat of the Department of Justice and Security administers the oaths to the newly elected members of the Municipal Council in accordance with § 35 paragraph 2 of the Municipal Act.

2. The members of the authorities may be summoned for joint oaths.

1. The Secretariat of the Department of Justice and Security determines the further procedure when a municipal body is unable to make decisions due to recusal or other reasons.

2. If the municipal council is unable to make decisions, the Secretariat of the Department of Justice and Security may appoint the municipal council of another municipality, provided it agrees, particularly when it comes to the issuance of permits.

3. In cases where the recusal is disputed, § 16 of the Administrative Procedure Act of July 3, 1972, applies.

1. The Department Secretariat of the Justice and Security Department extends the deadlines for the handling of municipal initiatives at the request of the municipal council.

1. Supervisory Authorities According to §§ 1 and 2

a. may, in particular, provide information to the municipal authorities upon request,

b. provide guidelines and similar resources to the municipalities,

c. support the municipalities and, in particular, their interest groups in measures related to further education.

2. Supervisory measures in accordance with § 103 paragraph 2 of the Municipal Act remain reserved.

1. Supervisory authorities may categorize municipalities into groups for the purpose of supervision. They notify the municipalities of this categorization and ensure that the supervisory personnel assigned to the individual municipal groups are periodically rotated.

2. The recusal of the personnel of the supervisory authorities is governed by the provisions of the Administrative Procedure Act.

1. Authorities tasked with general supervision and financial supervision shall ensure appropriate coordination of their activities.

1. The supervisory authorities exercise supervision over the municipal associations, corporations, and the Old Catholic Parish of Lucerne analogously in accordance with the jurisdictional provisions applicable to the municipalities.

1. The Regulation concerning the Notification of Inheritance Cases of February 5, 1910, is repealed.

1. The following ordinances are amended according to Annex [6]

a. Ordinance on the Tasks of the Departments and the State Chancellery, as well as the Structure of the Departments into Services dated May 6, 2003[7],

b. Salary Ordinance for State Personnel dated September 24, 2002[8],

c. Ordinance on the Admission of Foster Children dated September 25, 2001[9],

d. Ordinance on Responsibilities pursuant to the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults dated June 16, 2009[10],

e. Ordinance on Child and Adult Protection dated December 4, 2012[11],

f. Ordinance on the Execution of Sentences dated December 12, 2006[12],

g. Ordinance on Fiscal Equalization dated December 3, 2002[13],

h. Fee and Cost Ordinance for the State Administration dated May 28, 1982[14],

i. Cantonal Water Protection Ordinance dated September 23, 1997[15],

j. Social Assistance Ordinance dated July 13, 1990[16].

1. The regulation shall enter into force on July 1, 2014. It is to be published.