Act on the Church Constitution (Introduction and Organisation of Church Synods) - Regional Church

1. Eligible members of a religious denomination may enact a cantonal church constitution (synodal constitution), which requires approval by the Cantonal Council.

2. Members of the denomination residing in the canton form a national church based on the church constitution. This church may be referred to differently in the church constitution.

3. The national church is a legal entity under cantonal public law.

4. The organization based on the church constitution replaces the organization provided for by the Cantonal Constitution and law.

5. Insofar as the law of the national church does not contain provisions concerning organization, cooperation, and financial affairs, the provisions of the Municipal Act apply accordingly.

1. The church constitution must provide for the following organization

1. Church congregations with a church council elected by the eligible voting members of the denomination. The church constitution may stipulate that one or more pastors belong to it ex officio;

2. the synod;

3. the synodal council.

2. The church constitution may also choose other designations for these authorities.

1. The organization of church congregations shall, as appropriate, be structured according to the provisions of the Municipal Act for

1. the powers of the eligible voters and the church council or church board;

2. the management of assets, the budget estimate, and the submission of accounts;

3. * the issuance of a municipal charter;

4. * the formation of municipal associations.

2. The church congregations are subject to the legislation and supervision of the regional church.

3. The church constitution may obligate the church congregations to make contributions to the regional church to cover its financial needs.

1. The synod is the highest cantonal authority within the framework of the church constitution.

2. It is elected by the eligible voters belonging to the denomination.

3. The synod has, in particular, the following powers

1. Election of the synod council, its president, and vice president. The members of the synod council may not belong to the synod, but they attend its meetings with an advisory voice and the right to make motions;

2. Supervision of the synod council, particularly the approval of its accountability report;

3. Creation, dissolution, and redefinition of parishes;

4. Legislation to regulate matters of the national church within the constraints of state law and the church constitution;

5. Amendment and repeal of the church constitution;

6. * Approval of the ordinances of a parish;

7. Setting the budget of the national church;

8. Determination of the contributions of the parishes to the national church concurrently with the budget;

9. Resolution on specific discretionary expenditures for a particular purpose, which exceed an appropriate amount to be determined by the church constitution;

10. Approval of the accounts of the national church;

11. Authorization of loans for the national church.

4. Decisions pursuant to paragraph 3, number 5 are subject to a mandatory referendum.

5. Decisions pursuant to paragraph 3, numbers 3, 4, 8, and 9 are subject to a mandatory or optional referendum according to the church constitution, but decisions under numbers 8 and 9 only if the decided expenditures or parish contributions exceed an appropriate amount to be determined by the church constitution.

6. The church constitution may subject further resolutions to a referendum.

1. The Synodal Council is the cantonal administrative and executive authority within the framework of the Church Constitution.

2. The Synodal Council is particularly vested with the following powers

1. * Supervision of the church parishes and the exercise of functions that, according to cantonal law, are assigned to the cantonal supervisory authorities pursuant to § 104 of the Municipal Act, either directly or through a diocesan administrative body subordinate to it;

2. Ordering and approval of elections and votes in the cantonal territory and of popular elections in the church parishes;

3. Adjudication of administrative disputes of the national church and the church parishes, subject to paragraph 4.

3. The Synodal Council annually or biennially reports to the Synod on its activities in accordance with the Church Constitution.

4. The Church Constitution may provide for a special authority for the adjudication of administrative disputes of the national church and the church parishes.

1. The church constitution may grant additional powers to the synod and the synodal council. The rights of the eligible voters are reserved.

1. For elections and votes, eligibility, and the term of office, the provisions of the Cantonal Constitution and the laws apply mutatis mutandis, unless the Church Constitution contains specific provisions to the contrary.

2. The Church Constitution may provide for uncontested elections for the election of authorities of the national church and the parish communities.

1. One-tenth of the eligible voting members of the denomination can at any time request the Synod to amend or repeal the church constitution or to enact, amend, or repeal legal provisions pursuant to § 4 para. 3 no. 4. The church constitution may extend the right of initiative to other matters.

2. The church constitution must ensure that valid initiatives are implemented by the Synod or resolved by popular vote within a reasonable period, subject to mandatory or optional referendum.

1. The regulations of the Personnel Act shall apply mutatis mutandis to the members and employees of the regional churches and their parishes, with the exception of the members of the Synod.

2. The church constitution may subject certain officials of the parishes exclusively to the disciplinary authority that the Synodal Council holds over the regional church employees.

1. The supervision of church congregations over ecclesiastical foundations, which according to their purpose either relieve or burden the municipal budget through their financial contributions, is to be regulated by the church constitution in accordance with the provisions of the Municipal Act.

2. Through the church constitution, other ecclesiastical foundations and the administration of other church property of the same denomination may be subjected to the supervision of the national church or the church congregations.

1. Religions communities recognized as public law corporations demonstrate compliance with the designated purpose for the use of church taxes from legal entities in the annual report and annual financial statement.

1. The Designated Use of Church Taxes for Juridical Persons for Social and Cultural Purposes is to be Observed by the Religious Communities Recognized as Public Law Corporations throughout the Entire Canton.

1. The revenue from the church tax levied on juridical persons is to be used for social and cultural activities. It must not be used for religious purposes. Furthermore, the religious communities recognized as public law corporations shall independently decide on the use of the tax revenue.

1. Social Activities within the Meaning of § 9quater include

a. Intergenerational Work: Senior citizen support, assistance to young families, marriage and partnership counseling;

b. Open youth work;

c. Support of social life, church social counseling;

d. Integration work;

e. Initiation of social projects (e.g., to promote volunteer work, refugee care, or end-of-life accompaniment);

f. Accompanying people in difficult life situations, social work, and individual case assistance;

g. Worldwide disaster relief, development cooperation;

h. Collaboration with social institutions;

i. Support of social institutions.

1. Religious communities recognized as corporations under public law receive the statistical data regarding their share of church taxes from legal entities from the office responsible for taxes in the canton.

1. Cultural Activities in the Meaning of § 9quater are Specifically

a. Maintenance of cultural assets, monument protection;

b. Maintenance of valuable instruments, such as organs;

c. Archiving of records of church parishes as well as construction, cultural asset, and parish records;

d. Services to culturally active organizations;

e. Cultural events, such as concerts;

f. Support of cultural life, contributions to village and city life, community work.

1. The provisions of this section apply to all religious communities recognized as public law corporations.

1. In the internal ecclesiastical domain, the Roman Catholic regional church is independent from the state.

1. The government council may, with the consent of the competent ecclesiastical officials and the synod, transfer rights and obligations pertaining to it in ecclesiastical matters entirely or partially to the church congregations or the Roman Catholic national church.

1. Voting members of the Evangelical Reformed denomination and their bodies independently regulate internal church matters.

2. Internal church matters primarily include worship services, church education, pastoral care, charitable activities, internal and external missions, as well as church office administration.

1. One-tenth of the voting-eligible members of a denomination may petition the Government Council in writing to hold a vote on the introduction of a church constitution. The formal requirements applicable to initiative petitions shall apply.

2. If an absolute majority of valid voters supports the introduction of a church constitution, the Government Council shall order the election of a constitutional council by the voting-eligible members of the concerned denomination. The Government Council shall determine the number of members, which may not exceed 170, as well as the electoral districts, and allocate the members to the districts in proportion to the voting-eligible members of the concerned denomination, ensuring that each district has at least one representative.

3. If no more candidates are proposed in an electoral district than are to be elected, the candidates proposed shall be declared elected by the Government Council without the need for an election process.

4. The vote on the first church constitution and the first election of the synod shall be arranged by the Government Council.

5. The church communities shall conduct these votes and elections by ballot. The Government Council shall issue the necessary regulations.

1. The law shall enter into force on January 1, 1965. It is to be published and executed by the Governing Council.