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152.511.4 CH-NE

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

13 Articles / Provisions · Switzerland · Canton of Neuchâtel
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Table of Provisions (13)

Art. premier Regulation regarding the obligations attached to certain functions of the cantonal administration, of December 18, 1996 - Purpose Art. 2 Regulation Pertaining to the Obligations Attached to Certain Functions of the Cantonal Administration, of December 18, 1996 - Requirement of Swiss Nationality Art. 3 Regulation Relating to the Obligations Attached to Certain Positions Within the Cantonal Administration, December 18, 1996 - Oath of Office Art. 4 Regulation Relating to Obligations Attached to Certain Functions of the Cantonal Administration, of December 18, 1996 Art. 5 Regulation Relating to the Obligations Attached to Certain Functions of the Cantonal Administration, of December 18, 1996 - Obligation of Residence in the Canton Art. 6 Regulation concerning the obligations attached to certain functions of cantonal administration, of December 18, 1996 - Obligation to reside near the place of work Art. 7 Regulation Relating to Obligations Attached to Certain Functions of the Cantonal Administration, of December 18, 1996 - Medical Certificate Art. 8 Regulation concerning the obligations attached to certain functions of the cantonal administration, dated December 18, 1996 Art. 9 Regulation Concerning the Obligations Attached to Certain Functions of the Cantonal Administration, of December 18, 1996 Art. 10-12 Regulation on the Obligations Attached to Certain Functions of the Cantonal Administration, of December 18, 1996 Art. 13 Regulation on the Obligations Attached to Certain Functions of the Cantonal Administration, of 18 December 1996 - Uniform Art. 14 Regulation concerning the obligations attached to certain functions of the cantonal administration, of 18 December 1996 - Entry into force Art. 15 Regulation concerning the obligations attached to certain functions of the cantonal administration, of December 18, 1996

Statutory Text (13 Articles)

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

[3] 1 This regulation determines the specific requirements related to the exercise of certain functions.

2. The functions concerned are listed in the annexed table.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

1. Swiss Nationality is Required for Positions and Areas of Activity Related to the Exercise of Public Power.

2. The following are considered as such, in particular the positions that involve for their holders

a) making decisions that significantly affect individuals in their person or property;

b) participating in the general organization of defense or accessing confidential documents related thereto.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

1. Civil servants carrying out police duties that may infringe upon individual freedom and who are armed for their service are required to take an oath.

2. The Council of State may require other holders of public office to take an oath.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

[4] 1. The head of the relevant department administers the oath to the concerned officials.

2. The oath is stated in the following form: "I swear (or I promise) to faithfully and conscientiously fulfill the duties of my office."

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

[5] 1 When overriding public interests demand it, particularly when integration into the Neuchâtel community is necessary or when the remoteness of domicile hinders the fulfillment of service duties, holders of public office must establish residence within the canton.

2. The positions indicated in the annexed table require residence within the canton from the moment of their holder's appointment. The Council of State may, by way of exception, grant exemptions based on particular circumstances or considering the labor market.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

When the needs of the position may require a rapid response at the workplace outside of regular working hours, public office holders may be required to reside near said workplace.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

[6] 1 The exercise of certain functions may be subject to the presentation of a satisfactory medical certificate, either before or during the service relationship, particularly when good health is necessary or when there is a risk of contracting a professional-related condition.

2. The medical examination is carried out by a doctor authorized to practice in the canton. The opinion of the cantonal doctor may be required.

3. The human resources department regulates the procedure to be followed through directives.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

1. When the presentation of a medical certificate is a condition of the employment, the cost of the examination shall be borne by the individual concerned.

2. The medical examinations required during the course of service relations are the responsibility of the State insofar as they incur additional costs for the individual concerned.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

[7] 1 Functions that are considered physically demanding are those that require frequent and significant physical effort from their holders or are performed in a security context presenting particular risks.

2. The public functions for which holders benefit from the specific provisions of Article 94 and the following of the insurance regulations of the Public Service Pension Fund of the Canton of Neuchâtel (RAss) are listed in the attached table.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

[8]

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

1. Public office holders required to wear a service uniform shall receive it free of charge.

2. Wearing the uniform is generally mandatory while on duty.

3. Exceptions may be granted by the heads of service, particularly when the activity necessitating the wearing of the uniform is temporarily not performed or when it does not involve contact with third parties.

4. Special provisions for military uniforms as service uniforms as well as specific directives issued are reserved.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration

This regulation comes into force on January 1, 1997.

1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - Annex Table to the Regulation Concerning Obligations Attached to Certain Functions of the Cantonal Administration [10]

[9] The Department of Security, Digitalization, and Culture is responsible for the implementation of this regulation, which shall be published in the Official Gazette and inserted into the Neuchâtel Legislation Compendium.

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